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HomeMy WebLinkAbout06-30-2023 Revised Special Meeting Agenda Packet No. 3Mayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO REVISED AGENDA NO.3 FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY FRIDAY, JUNE 30, 2023 9:00 AM ­ SPECIAL MEETING 201 N E St. 2nd FLOOR MULTIPURPOSE ROOM • SAN BERNARDINO, CA 92410 WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. REQUESTS TO SPEAK & WRITTEN PUBLIC COMMENTS SUBMITTED VIA EMAIL ARE DUE BY: 7:00 A.M. ON FRIDAY MORNING PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup 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 2023 ­> Meeting Date Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 9:00 A.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA PRESENTATIONS 1. Quality of Life­Addressing the City’s Homeless Crisis p.9 2. Quality of Life – Police Department p.108 3. Quality of Life­ Securing Public Spaces p. 120 4. Quality of Life ­ Health & Safety, Encampment Clean­ups (All Wards) p. 130 5. Quality of Life – City Website Updates p. 174 6. Quality of Life ­ Discussion on Public Parks and Recreational Facilities (All Wards) p. 180 7. Quality of Life – Prohibiting Storage of Personal Property in Public Areas (All Wards) p. 195 8. One Stop Shop Update (All Wards) p. 206 9. Infrastructure Master Plan p. 221 10. Legislative Affairs Update (All Wards) p. 236 11. Economic Development Workshop p. 257 DISCUSSION 12. Bottom Line: Fiscal Impact Presentation and Discussion (All Wards) p. 463 Recommendation: No action will be taken at the June 30, 2023, Mayor and City Council Workshop. Staff will bring back recommendations for the Mayor and City Council to further discuss and consider at a future meeting. Mayor and City Council of the City of San Bernardino Page 3 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 July 19, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the revised agenda for the June 30, 2023, Special 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Thursday, June 29, 2023. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 4 NOTICE: 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 on the agenda, 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 during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 5 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. Mayor and City Council of the City of San Bernardino Page 6 ALTERNATE MEETING VIEWING METHOD: If there are issues with the main live stream for the Mayor and City Council, you may view the alternate stream on TV3 https://reflect­sanbernardino.cablecast.tv/CablecastPublicSite/watch/1? channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email publiccomments@sbcity.org. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment. Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you. The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. For the Regular Meeting please log on no later than 15 minutes after the meeting start time. Mayor and City Council of the City of San Bernardino Page 7 a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900­6833. When prompted, enter the Meeting ID: 677­845­9453 Passcode:2023 ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and un­mute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page... 8) Join the Meeting by clicking on the Zoom link below: https://sbcity­org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677­845­9453 Passcode:2023 Mayor and City Council of the City of San Bernardino Page 8 NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: Thursday, June 29, 2023 SUBJECT: Special Meeting on Friday, June 30, 2023 NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Meeting for Friday, June 30, 2023, at 9:00 a.m.to 6:30 p.m. Said meeting shall be for the purpose of considering the following: PRESENTATIONS 1. Quality of Life­Addressing the City’s Homeless Crisis 2. Quality of Life – Police Department 3. Quality of Life­ Securing Public Spaces 4. Quality of Life ­ Health & Safety, Encampment Clean­ups (All Wards) 5. Quality of Life – City Website Updates 6. Quality of Life ­ Discussion on Public Parks and Recreational Facilities (All Wards) 7. Quality of Life – Prohibiting Storage of Personal Property in Public Areas (All Wards) 8. One Stop Shop Update (All Wards) 9. Infrastructure Master Plan 10. Legislative Affairs Update (All Wards) 11. Economic Development Workshop DISCUSSION 12. Bottom Line: Fiscal Impact Presentation and Discussion (All Wards) Recommendation: No action will be taken at the June 30, 2023, Mayor and City Council Workshop. Staff will bring back recommendations for the Mayor and City Council to further discuss and consider at a future meeting. ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Regular Meeting to be held on July 19, 2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino 92401. Open Session will begin at 9:00 a.m. Genoveva Rocha, CMC, City Clerk 1 4 3 9 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Mary Lanier, Agency Director of Community, Housing & Economic Development Department:Community, Housing & Economic Development Subject:Quality of Life-Addressing the City’s Homeless Crisis       Packet Pg. 9 Quality of Life Addressing the City’s Homeless Crisis Presented by: Cassandra Searcy, Deputy Director of Housing & Homelessness       Packet Pg. 10 Court Rulings & Settlements Martin v. Boise •In September 2018, the Federal Court ruled against Boise, Idaho for criminalizing (prosecuting) homeless people for sleeping in public places when the city lacked enough shelters. •This Case severely restricts a city’s ability to manage or control the spread of homeless encampments. Judge Carter Settlements •Orange County vs Orange County Catholic Worker (Case Settled October 2018) •City of Los Angeles (Case Settled April 2022) •County of Los Angeles (Case Settled September 2022)       Packet Pg. 11 City of San Bernardino Homeless Data 123 183 358 276 639 823 992 1017 128 50 120 209 890 1056 1350 1502 Sheltered Unsheltered Transitional Total 2019 2020 2022 20230 200 400 600 800 1000 1200 1400 1600 123 183 358 276 639 823 992 1017 128 50 120 209 890 1056 1350 1502 2019-2023 Shelter Beds 415 Currently Active 196 Still Needed 611 Total Required       Packet Pg. 12 Current Action Programs & Services •Homeless Outreach Team •Mobile Showers •Multi-Disciplinary Team o City Police Dept §District Resource Officers §COAST Team o Code Enforcement o Public Works o Animal Control       Packet Pg. 13 SHERIFF’S HOPE TEAM/INNROADS SALVATION ARMY & CATHOLIC CHARITIES DRO’S/ COAST TEAM HEALTHCARE IN ACTION Multi-Disciplinary Team       Packet Pg. 14 Background Prior Council Action: •December 7, 2022 – The Mayor and City Council allocated $24.5 million in American Rescue Plan Act (ARPA) funds towards a Homelessness Initiative with the following projects and services: •SB HOPE Campus and Navigation Center – Development ($12.45 million) •Navigation Center Operating Costs ($4.5 million) •Homelessness Outreach Team ($1.5 million) •Mobile Shower & Laundry Services ($150k) •Project Homekey Round 3: •Lutheran Social Services ($5 million) •San Bernardino Valley College ($900k)       Packet Pg. 15 Background Prior Council Action: •February 1, 2023 - The Mayor and City Council declared a Homelessness State of Emergency. •March 15, 2023 – The Mayor and City Council approved an additional $4,299,672 of HOME-ARP funds to assist in the design, construction, and operation of the City’s future Navigation Center. •April 26, 2023 – The Mayor and City Council approved a joint application with Lutheran Social Services for Project Homekey 3.0 grant funding for the development of a 140-bed interim housing facility and 30 semi-private emergency shelter beds. •May 3, 2023 - $1.7 million in CDBG funding allocated towards a temporary emergency shelter; approved Emergency Solutions Grants to Homelessness providers.       Packet Pg. 16 Background Prior Council Action: •May 17, 2023: •Applied to Project Homekey 3.0 Grant funding for development of SB Hope Campus (Navigation Center) •The Mayor and City Council: •Approved a Professional Services Agreement ($1.5 million) with Hope the Mission to oversee the City's Homeless Outreach Project and to act as developer and lead operator of the Navigation Center. •Approved a one-year Mobile Shower Pilot Agreement with Community Action Partnership for $150,000. •Reallocated $973,500 in ARPA funds from SBVC Project and ASU Relocation Assistance to provide interim housing       Packet Pg. 17 Interim Shelter Core Components •Up to 100 Motel Units •Security & Housekeeping •Case Management •Wrap Around Supportive Services •Meals (2 per day) Council approval is needed to secure an Agreement with a local motel owner & interim shelter Lead Operator       Packet Pg. 18 Conceptual SB Hope Campus Interim Housing, Healthcare, and Services       Packet Pg. 19 Navigation Center Location Sixth Street       Packet Pg. 20 Recommendations Staff will recommend at a future meeting the follow actions: 1.Approve the Professional Services Agreement with Hope the Mission to act as Lead Operator at the City’s Interim Shelter. 2.Approve the Professional Services Agreement with SB Express LLC to establish Motel Interim Shelter. 3.Approve the annual allocation of $2 million from the General Fund beginning FY 2026/27 to help sustain homeless related activities. 4.Adopt Resolution No. 2023-092 authorizing the Interim City Manager or his designee to apply for and execute grants related to addressing homelessness. Request For Funding FY 2023/24 Future Homeless Sustainability Commitment N/A $2,000,000       Packet Pg. 21 Questions?       Packet Pg. 22 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOPE THE MISSION This Agreement is made and entered into as of June 30, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Hope the Mission, a California nonprofit corporation with its principal place of business at 16641 Roscoe Place, North Hills, CA 91343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS 1. In compliance with the Homelessness State of Emergency, which was declared on February 1, 2023, the City is taking progressive steps to mitigate homelessness. 2. Because most of the City’s shelters are at full capacity, the City has negotiated the use of 125 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino. The motel rooms will act as interim shelter, and the units will exclusively be used by the interim shelter lead operator (Consultant) to provide immediate low-barrier, Housing First, solutions and linkages to a broad range of housing resources. 3. The interim shelter will be referred to as the “Bridge to Placement Program” and will only be in use until the City constructs its navigation center, which is estimated to take eight (8) months. 4. The goals of the program are to reduce the loss of life for unhoused residents, increase access to mental health and substance abuse treatment, eliminate street encampments, promote long-term housing stability, and enhance the safety and hygiene of neighborhoods for all residents, businesses, and neighbors. Services will be low-barrier, trauma- informed, and data driven. Services must remain flexible to support the needs of individuals receiving services, as well as to accommodate the limits of available local funds. 5. City is a public agency of the State of California and is in need of professional services for the following project: Interim Shelter Lead Operator (hereinafter referred to as “the Project”). 6. Consultant is duly licensed and has the necessary qualifications to provide such services.       Packet Pg. 23 2 7. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by this reference. 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 “B.” and incorporated herein by this reference. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,920,835.85. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant must submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice. The invoice shall describe in detail a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required below. c. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.       Packet Pg. 24 3 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. a. This Agreement shall commence on June 30, 2023 and continue for eight months through February 21, 2024. From and after the Termination Date, and upon subsequent Agreement by the Parties, this is Agreement may continue on a month-to- month basis until terminated pursuant to Section 21 below. b. This Agreement may be extended for ONE (1) additional one-year period (hereinafter “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of a subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant. 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.       Packet Pg. 25 4 b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.       Packet Pg. 26 5 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. 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. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.       Packet Pg. 27 6 a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (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.       Packet Pg. 28 7 c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.       Packet Pg. 29 8 f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional       Packet Pg. 30 9 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. i. 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, independent contractors, subcontractors, 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. Each policy of insurance shall be endorsed to reflect such waiver. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:       Packet Pg. 31 1 0 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of       Packet Pg. 32 1 1 the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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.       Packet Pg. 33 1 2 21. Termination or Abandonment a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. 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.       Packet Pg. 34 1 3 27. Organization. Consultant shall assign Ken Craft as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower Attention.: Cassandra Searcy Deputy Director Housing & Homelessness 290 North D Street San Bernardino, CA 92401 With Copy To: City of San Bernardino Vanir Tower Attention: City Attorney 290 North D Street San Bernardino, CA 92401 CONSULTANT: Hope the Mission Attention: Ken Craft Chief Executive Officer 16641 Roscoe Place North Hills, CA 91343 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       Packet Pg. 35 1 4 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of 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       Packet Pg. 36 1 5 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: 44.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); 44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; 44.3 Treasury Compliance and Reporting Guidance for the Act; 44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; 44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and 44.6 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law       Packet Pg. 37 1 6 and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 38 1 7 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOPE THE MISSION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager Date: ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Thomas Rice HOPE THE MISSION Signature Ken Craft Name Chief Executive Officer Title Date:       Packet Pg. 39 1 8 EXHIBIT A SCOPE OF SERVICES HTM’s Bridge to Placement Interim Shelter for the City of San Bernardino Scope of Required Services: The Scope of Required Services {SRS) for the City of San Bernardino’s Bridge to Placement Program contains a written summary of detailed information regarding the services that may be provided to Program participants based on available need and available resources. The City is partnering with Hope the Mission (HTM), which will have exclusive rights to refer unhoused individuals into the Bridge to Placement Program during the City's construction of its navigation center. The City reserves the right to make any necessary changes related to prioritization, matching, and other aspects of the implementation needed for the County's Coordinated Entry System (CES). HTM, hereby referred to as Contractor, will be notified of any such changes through policies, interim guidance, and other forms of guidance when deemed necessary. A.PROJECT DESCRIPTION The Bridge to Placement Program is a housing-focused solution to combating homelessness for unhoused residents in the City of San Bernardino. The City has secured 125 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino, which will exclusively be used by the Contractor to provide immediate low-barrier, Housing First, interim housing solutions and linkages to a broad range of housing resources. The goals       Packet Pg. 40 1 9 of the program are to reduce the loss of life on the streets of San Bernardino, increase access to mental health and substance abuse treatment for unhoused residents, eliminate street encampments, promote long-term housing stability for people experiencing homelessness, and enhance the safety and hygiene of neighborhoods for all residents, businesses, and neighbors through the available service interventions. Services will be low-barrier, trauma-informed, and data- informed. Services must remain flexible to support the needs of individuals receiving services, as well as to accommodate the limits of what the local funding permits. It is anticipated that the Interim Shelter will be in place for eight (8) months, while the City develops a low-barrier navigation center. If an individual residing in interim shelter has not been connected to transitional or permanent housing by the time the navigation center is ready for operation, said individual will be transitioned from interim shelter into the navigation center by the Contractor. B.ELIGIBILITY FOR SERVICES 1.Population Served: All participants must be experiencing homelessness under Categories 1 or 4 per HUD's Final Rule on Defining Homelessness (24.CFR parts 91, 576, 578; see Item 6. for additional details) and referred directly by Contractor, which will perform an assessment and certify homeless status utilizing the City's ESRI Homeless Survey. (see Item 7. for additional details). 1.1.Unaccompanied Minors are not eligible for enrollment or services in the program. Unaccompanied minors will be connected to a Transitionally Aged Youth (TAY Program). 2.Homeless Status: Participants must be determined to be homeless under Categories 1 and 4 according to HUD's Final Rule on "Defining Homeless" (24 CFR parts 91, 576 and 578) or experiencing homelessness upon exiting from an institution. 2.1 Contractor will be responsible for documenting the determination of the participant's homeless status utilizing City approved Homeless Certification Forms. Contractor must upload the City's Homeless Certification Form into the County's Homeless Management Information System (HMIS). In the case where homelessness is being documented with an HMIS Participant Summary, the provider just needs to make a case note in HMIS indicating the HMIS       Packet Pg. 41 2 0 Participant Summary shows the participant was homeless within 7 days of program entry. If hard copy files are maintained, the documentation must be placed inside the participant's master file. This includes the HMIS Participant Summary. 3.Each Bridge to Placement participant will be selected from street outreach provided by Contractor, which will also work collaboratively with the City's COAST Team (Community Outreach and Support Team), providing crisis intervention, Public Works and the Code Enforcement Division. Homeless Outreach teams are directed by the City's Housing & Homelessness Division. C.COMMITMENT TO PROVIDING LOW BARRIER SERVICES 4.Contractor will assist participants quickly to self-resolve their housing and/or make reasonable efforts to re- connect with supportive family and/or friends who could temporarily or permanently house the participant. HTM is required to ensure problem solving is incorporated into the program model. 5.Contractor will develop a comprehensive service plan tailored to the specific needs of homeless individuals, including housing placement assistance, mental health support, substance abuse treatment, job training, and access to healthcare. 6.Establish partnerships with local service providers, such as healthcare facilities, employment agencies, educational institutions, and community organizations, to ensure a holistic approach to supporting the homeless population. 7.Implement effective management systems for intake, assessment, case management, security, maintenance, and daily operations. 8.Develop protocols for handling emergencies, crisis situations, and any other contingencies that may arise. 9.Contractor shall not deny entry to the Bridge to Placement program based on suspicion of substance abuse, insobriety, mental disorder, or criminal background, unless Contractor determines that a participant poses an imminent threat to themselves, staff, or other participants?]. Further, Contractor is prohibited from conducting drug or alcohol testing, criminal background checks or making inquiries to verify that a participant is clean and sober (free from alcohol or drug use.)       Packet Pg. 42 2 1 All instances must be noted through the Incident Reporting protocol found in the Minimum Program Standards. 10.Bridge to Placement Participants with pets (no more than 2) will be allowed to house their animal in their motel room during their stay. HTM will use its “Whatever it Takes” fund to cover the additional motel fee of $10 per day per pet. Participants will be completely responsible for the care and maintenance of their pet(s) during their stay. 11.Contractor must abide by all COVID-19 Prevention and Response Practices that include screening, prevention, and response practices designated by the LA County Department of Public Health (DPH) regarding COVID-19. Contractor will ensure that staff and participants adhere to any Orders issued by the State or County's Health Officer when in effect. Further description is noted in the individual Scope of Required service per program. D.SUPPORTIVE SERVICES AND ACTIVITIES 12.Outreach: Outreach will be utilized through the existing outreach infrastructure as designated by City resources and directed by the City’s Housing Division. Existing outreach coordination shall be leveraged and will be pivotal in assessing encampments and individual needs to ensure resources are directed appropriately. 13.Bridge to Placement Care Coordination Responsibilities: Contractor is responsible to ensure that interim shelter participants are supported from initial engagement through to permanent housing. Contractors facilitate the coordination of permanent housing placement from the interim housing solution (either interim housing site or motel vouchers) that a client may be staying within. Contractors must ensure HMIS data collection is accurate and timely for each client, ensure individual case management services are coordinated amongst various programs, ensure that available resources are provided to each client after outreach assessment and placement into shelter (motel) locations is finalized. Contractors must work with Housing Navigators and Time Limited Subsidy providers to ensure that available slots are utilized, and participants are linked to resources. Should gaps be determined, contractors will connect with the City to address identified needs.       Packet Pg. 43 2 2 13.1.A recommended infrastructure (not required) includes contractors leading Bridge to Placement coordination meetings with affiliated service providers to oversee case conferencing. The City will provide support and oversight of the entire process. 14.Motel Voucher Program: The City has secured motel rooms for Bridge to Placement participants into motels at the cost of the City. All participants must comply with the Bridge to Placement Program Guidelines and Participant Agreement (Exhibit A). 15.Meal Voucher: Contractor will provide two (2) meals per day to each participant staying in motel for Bridge to Placement services. Contractor is required to ensure that any participant placed in a hotel location will receive meal services. 16.Housing Navigation (HN): Contractor will access local homeless housing providers to identify and utilize housing resources. Contractor will also establish rapport with landlords and property owners to create pathways to housing options. 17.Length of Enrollment: Contractor must strive to assist participants in moving out of Interim Housing and into their own Permanent Housing unit as quickly as possible. The total length of stay (up to 6 months) can and should be individually determined, based on the participants' needs. Length of stay may be extended or shortened based on individual needs and overall Bridge to lacement objectives that may change over time. E.HMIS DATA COLLECTION AND PARTICIPATION REQUIREMENTS 18.Contractors must utilize HMIS as their primary participant tracking and document storage system, unless prohibited by law, to track all participants served and the services provided. Contractor shall also provide the City with collected data for internal data analysis. 19.Contractor will ensure that all participants sign the Consent to Share Protected Personal Information form granting consent for Contractor to enter information into the HMIS database. If warranted because of health, safety, or other concerns that prohibit the Contractor from getting the document signed, the Contractor may obtain verbal consent. The receipt of verbal consent must be documented in a Program Level Case Note along with the reason verbal consent was obtained. If consent is not provided, participant is still entitled to receive services.       Packet Pg. 44 2 3 20.Contractor must adopt and implement the best practices for data collection and data entry as outlined in the addenda. 20.1.Contractor will search the Clarity HMIS database for an existing profile. If none is found, the Contractor will collect and record the participant's consented information into the database and create a participant record. 20.2.In completing the participant's records, referred to as Profile, the Contractor will fully complete fields based upon participant's responses. When previously undisclosed information is collected, the Contractor will update the participant's profile. 20.3.To enroll a participant in a program, the Contractor must complete a Program Enrollment. The contractor must complete the Program Enrollment (program entry/intake) questions in the HMIS database with as much information as the participant can provide. For missing information, mark the appropriate field - "Participant Doesn't Know" or "Participant Refused"; if/when a participant/household discloses any missing information, the Contractor must update the participant's intake in HMIS within 3 days or complete a Status Update Assessment. 20.4.Contractor must enter all unit services and meals provided to program participants. 20.5.Contractor must enter the unit service daily to reflect a participant's use of that unit that night. 20.6.Contractor must enter each meal service (breakfast, lunch, dinner) to reflect the participant's use. 20.7.With all participants, the Contractor must record the program exit or termination within 3 business days. Contractor shall enter the Exit Date as the date the a) last service was provided (meal service, case management, etc.), orb) the last unit service was provided. F.Exiting Participants 21.Contractor must develop clear Policies and Procedures for exiting participants from Interim Housing. 21.1.Contractor must NOT exit the participant from enrollment in Interim Housing unless one of the following conditions are met: 21.2.Participant is successfully placed into permanent housing. 21.3.Participant is enrolled in another Interim Housing program (Crisis, Bridge, Recuperative Care, Stabilization, etc.) or Transitional Housing Program. 21.4. Participant relocates outside of the City of San Bernardino. 21.5.Reunification services are utilized, or the Participant self- resolves their housing crisis. 21.6.Participant is deemed a risk to self, the safety of the contractor's staff, or other participants.       Packet Pg. 45 2 4 21.7.Participant is hospitalized or incarcerated for fourteen (14) consecutive days or more. 21.8.As an interim housing program, it is anticipated that participants will stay in the program most nights: however, there may be circumstances in which a participant works overnight and sleeps during the day, or where participants have an alternate place to stay on some nights. If participants are not staying in the program regularly and have not notified the Contractor of their absence for three or more consecutive days/nights, Contractors must make at least three attempts to contact the participant prior to exiting them from the program. Attempts must be made using at least two (2) different methods (e.g., calls, texts, e-mail) and must document in HMIS. If these attempts are unsuccessful, the Contractor may exit the participant. 21.9.Contractor must NOT exit a Participant from Interim Housing for the following reasons: 21.10.Active substance use 21.11.Failure to have an income 21.12.Active health issues 21.13.Mental health conditions 21.14.Failure to abide by personal budget 21.15.Non-compliance with Housing and Services Plan 21.16.Medication non-compliance 21.17.Contractor should re-enroll participants that have been exited due to unapproved absences if and/or when a unit becomes available. 21.18.When a participant has been successfully linked to a permanent housing program, Contractor must provide the necessary support when that linkage has been implemented. Linkage should never be done merely in the form of a "referral," but rather should be done as a "warm hand off." 21.19.Provider must work collaboratively with the Case Manager in the housing program to facilitate a quick and successful transition that is not disruptive to the participant. 21.20.Transition Plan: Contractor must complete a Transition Plan for all participants. 21.21.Transition Plans for participants not entering Permanent Housing placements should include referrals and linkages to other Interim housing resources, with a warm hand-off (i.e., documented transition between providers) that show a smooth transition from Interim Housing was made. 21.22.Exit must be entered into HMIS indicating where the Participant has "exited to." 21.23."Unknown destination" entries in HMIS are to be discouraged. Exits must be entered in HMIS at the time of their exit.       Packet Pg. 46 2 5 21.24.Exit Plan: Contractor must complete an Exit Summary Plan for all participants, documented as a case note in HMIS 21.25.Exit must be entered into HMIS indicating where the Participant has "exited to." 21.26."Unknown destination" entries in HMIS are to be discouraged. Exits must be entered in HMIS at the time of their exit. 21.27.Exit Plan: Contractor must complete an Exit Summary Plan for all participants, documented as a case note in HMIS. G.Recipient’s Duty to Notify City of Changes 22.Within fifteen (15) days of Recipient becoming aware, Recipient agrees to provide the City with written notice of any facts that may materially affect the performance of Recipient under this Agreement or impact the City’s decision to continue funding under this Agreement. Among the items to be disclosed are: any amendments(s) to Recipients Articles of Incorporation or By-Laws; move to dissolve or transfer any assets derived from use of funds set forth herein under Exhibit B (Project Budget).       Packet Pg. 47 -26- Appendix I: Program Eligibility Guidance Eligibility Guidance •Participants are required to have a form of identification on file. Copies are •acceptable. However, if a participant does not have an identification card at the time of the program screening, Contractor must not deny the participant entry, but rather •assist the participant in obtaining an identification card. •Category [A] are acceptable forms of government issued photo identification cards. If the participant does not have any of the acceptable identification cards listed in Category •[A] they may provide one acceptable form of alternative photo identification in Category [Bl along with one acceptable non-photo form of identification in Category [C] to meet the government issue identification requirement. A copy of a social security card is NOT required for the program. [Category B] Alternative [Category C] [Category A] Government Forms of acceptable Alternative Forms of issued photo photo acceptable non-photo Identification Card {ID)identification Card {ID)identification •State-issued DMV ID •State-issued DMV Driver's license •Student ID •Shelter ID •Employment ID •Birth certificate •Utility Bill •Lease/ rental Participant Identification •Passport/ Passport Card •Bank/ Debit/ Credit Card contract •School Records •US Military ID •Immigration Services •Transportation Card (METRO) •Medical / Dental insurance card •Debit/ bank card (USCIS) ID •Library Card •Credit card •Visa issued by department of state OR •Gym Membership Card AND •Legal records/ court documentation •Government issued ID •Warehouse Membership Card •Tax Identification Number/ Paperwork (TIN) •Social Security card •American Automobile Association (AAA) card •American Association of Retired Persons (AARP)       Packet Pg. 48 -27- EXHIBIT B SCHEDULE OF CHARGES Hope of the Valley Rescue Mission Motel Budget Expenses Personnel Pay Rate Pas. Yr Wage FTE Total Wages Program Manager $ 70,000.00 1.00 46,666.67 Case Managers $22.00 $ 45,760.00 4.00 122,026.67 Data Coordinator $27.00 $ 56,160.00 1.00 37,440.00 Total $206,133.33 Fringe Benefits (22%)$45,349.33 Total Personnel Cost $251,482.67 Operational Rate$# of Security Total Cost Meals $ 7.00 200 $681,333.33 Program Supplies $17,000.00 Transportation Cost $7,000.00 Vehicles $8,000.00 Total Operational Costs $713,333.33 Total Personnel Cost $251,482.67 Total Operational Cost $713,333.33 Administration - 5% of Direct Expenses $96,481.60 Total Program Expenses $1,061,297.60       Packet Pg. 49 -28- EXHIBIT C FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “C”. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.       Packet Pg. 50 -29- (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.       Packet Pg. 51 -30- The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with       Packet Pg. 52 -31- respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2)       Packet Pg. 53 -32- Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the       Packet Pg. 54 -33- Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information.       Packet Pg. 55 -34- (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.       Packet Pg. 56 -35- (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.       Packet Pg. 57 -36- (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.       Packet Pg. 58 -37- (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.       Packet Pg. 59 -38- (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.       Packet Pg. 60 -39- (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.       Packet Pg. 61 -40-       Packet Pg. 62 Exhibit 1 Scope of Work/Lease Agreement Bridge to Placement Scope of work 1.1 Hotel Facility. Owner represents that it owns and operates a hotel facility under the name SB Express One LLC, located at 205 E Hospitality Lane, San Bernardino, CA 92408 (“Hotel”). Owner represents that its ownership and operation of the Hotel is in full compliance with all federal, state, and local laws, and shall so remain throughout the entire term of this Agreement without interruption. 1.2 Authorized Service Providers. The homeless-service providers listed in Exhibit A to this Exhibit 1 shall be referred to herein as “Authorized Service Providers.” City reserves the right to revise the listed Authorized Service Providers (e.g., adding or deleting homeless-service providers) by providing notice of such revision in writing. Employees/agents of Authorized Service Providers, and only such persons, are hereby authorized and shall have the right to request the lodging of persons being housed pursuant to the Bridge to Placement (“Bridge to Placement”), check-in such participants into the Hotel (subject to guest-room availability), incur room-rate charges payable by City pursuant to this Agreement, and enter and use the Hotel as provided for in this Agreement. 1.3 Check-in Procedures for Bridge To Placement Participants. Before checking-in a Bridge to Placement Participant, the Owner shall ensure that an employee/agent of an Authorized Service Provider is present at the Hotel to check-in such participant, and Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider by requesting sufficient identification and documentation. Owner shall not require identification from a Bridge to Placement Participant for any purpose, including check-in or access to the Hotel. In addition to the name of the Bridge to Placement Participant being checked-in, Owner shall document the name and contact information of the Authorized Service Provider. Before check-in, Owner shall ensure that the employee/agent of the Authorized Service Provider inspects, photographs, and documents the condition of the guest room to be occupied by the Bridge to Placement, in addition to the common area in the vicinity of such guest room. Notwithstanding anything to the contrary herein, City shall have no liability or obligation, including without limitation for the payment of room rates or any damages, for Hotel guests that were not physically accompanied by an employee/agent of an Authorized Service Provider at check-in or if Owner does not comply with the provisions of this Section 1.3. 1.4 Check-out of Bridge to Placement Participant. Before checking-out a Bridge to Placement Participant, Owner shall ensure that an employee/agent of the Authorized Service Provider that previously checked-in the participant is present at the Hotel to check-out the participant, and Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider by requesting sufficient identification and documentation. Before check-out, Owner shall ensure that the employee/agent of the Authorized Service Provider inspects, photographs, and       Packet Pg. 63 2 documents the condition of the guest room previously occupied by a Bridge to Placement Participant, in addition to the common area in the vicinity of such guest room. If any Bridge to Placement Participant attempts to check-out of the Hotel without being accompanied by an employee/agent of the Authorized Service Provider that checked-in the participant, Owner shall immediately notify the Authorized Service Provider and allow sufficient time, but in no event less than twenty-four (24) hours, to permit an employee/agent of the Authorized Service Provider to inspect, photograph, and document the condition of the guest room previously occupied by the participant, in addition to the common area in the vicinity of such guest room. Notwithstanding anything to the contrary herein, City shall have no liability or obligation for the payment of any damages to Hotel property if Owner does not fully comply with the provisions of this Section 1.4. 1.5. Access to and Use of Hotel by Authorized Service Providers. Employees/agents of Authorized Service Providers, at City’s sole cost and expense, shall have the right to book and occupy up to two (2) guest rooms at the Hotel for their own use at any time during the Term of this Agreement. In the event the Authorized Service Providers have not already exercised their right to book and occupy the two (2) guest rooms and the Hotel is approaching full occupancy (approaching full occupancy means 90% occupancy or greater), Owner shall notify the Authorized Service Providers 72 hours in advance and the Authorized Service Providers shall thereafter have 48 hours to notify Owner that it will exercise the rights granted in this section. Owner acknowledges and agrees that such rooms will be used primarily for office and administrative purposes in connection with the Bridge to Placement Initiative and some furniture may be rearranged accordingly. Authorized Service Providers shall also have the right to have personnel onsite in any room reserved/leased by the Authorized Service Providers and in common areas at the Hotel around-the-clock to provide oversight, security, and monitoring of Bridge to Placement Participants staying at the Hotel. 1.6. Daily Room Rate. The all-inclusive daily room rate for City guests are identified in Exhibit B. Under no circumstance shall Owner require, request, or receive payment of any additional or separate amount from Authorized Service Providers or Bridge to Placement Participants. Owner shall provide replacement guest-room keys to Bridge to Placement Participants and employees/agents of Authorized Service Providers at Owner’s sole cost and expense. City and Owner represent and agree that neither Party shall receive any form of payment or other consideration, whether monetary or in-kind, from Bridge to Placement Participants for access to or use of guest rooms, or for any other reason or purpose. City shall not be responsible for the payment of room-rate charges incurred by any Hotel guest other than Bridge to Placement Participants or employees/agents of Authorized Service Providers whose occupancy at the Hotel fully complies with each and every provision of this Agreement. 1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which the City Clerk of San Bernardino attests this Agreement and shall expire eight (8) months thereafter unless the term is extended or terminated earlier pursuant to provisions of this Agreement. City shall have one (1) option to extend the Term for a period of six (6) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Owner of such exercise no later than thirty (30) days before the expiration of the Term. Notwithstanding any other provision herein, City shall have the unilateral right to terminate this       Packet Pg. 64 3 Agreement at any time for any or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation to pay for any charges incurred after this Agreement's expiration or termination. Expiration or termination of this Agreement shall have no effect on City’s obligation to pay for charges properly incurred during the Term hereof. 1.8. Holdover. In the event a Bridge to Placement Participant or employee/agent of an Authorized Service Provider continues to occupy a guest room after the expiration of the Term, including any extensions thereof, this Agreement shall be automatically extended on a month-to- month basis subject to the terms and conditions in effect immediately before the Term’s expiration. The month-to-month holdover shall continue until either Party gives the other thirty (30) days’ prior written notice of its intention to terminate such holdover. 1.9. Invoices. On a biweekly basis (i.e., every other week), the Owner shall provide City with an invoice, along with all supporting documents therefore, using the “Bridge to Placement Cover Sheet” attached hereto as Exhibit C (as amended by City from time to time). Such invoice shall be provided to City as an attachment to an email sent to housing@sbcity.org. Invoices shall specify each guest room occupied by a City guest, the check-in date of the guest, the number of days the room was occupied thereby, and the total amount of charges owed by City based on the all-inclusive daily room rate set forth in Section 1.6. City shall pay such properly detailed and supported invoices in arrears within forty-five (45) days from receipt thereof. City’s obligation to pay such invoices is contingent on Owner providing City with all information and documents necessary to process the invoices. Upon request, Owner shall make available for inspection and copying all records and documents pertaining to this Agreement, including without limitation invoices submitted and payments received. 1.10. Notices. All notices and demands permitted or required to be given by either Party to the other under this Agreement shall be in writing. Such notices and demands shall be (a) personally delivered (including by means of professional messenger service); (b) sent by United States Postal Service (“USPS”) registered or certified mail, postage prepaid, return receipt requested; (c) sent by an alternate commercial overnight delivery service (e.g., FedEx or UPS) with receiver’s signature required; or (d) sent by email, along with a hard copy concurrently sent by means of USPS registered/certified mail or an alternate commercial overnight delivery service. All notices and demands are effective upon receipt. The Hotel’s name and physical address shall be included in all notices and demands. All notices and demands shall be addressed as follows:       Packet Pg. 65 4 To City: City of San Bernardino Housing and Homeless 201 North E. Street, 3rd floor Mail:290 North D Street San Bernardino, CA 92401 Attention: Homelessness Team Email: housing@lacity.org To Owner: SB Express One LLC 205 E Hospitality Lane, San Bernardino, CA 92408 Attention: Dipak Patel Email: di_patel@hotmail.com 1.11. Services, Utilities, and Supplies to be Furnished by Owner. Owner, at its sole cost and expense, shall perform standard hotel services, including, without limitation the following: 1.11.1. Keep and maintain the Hotel in good condition and repair, including without limitation lighting fixtures, electrical systems, plumbing fixtures and systems, HVAC filters and systems, mechanical systems, smoke detectors, elevators (if any), and fire alarms, extinguishers, and sprinklers. Owner shall immediately notify the Authorized Service Provider if there are any issues with the aforementioned room conditions by providing notice as specified in section 1.10. 1.11.2. Furnish all standard utilities, including without limitation water (both hot and cold), electricity, gas (if applicable), trash-disposal, and sewer services. 1.11.3. Perform standard housekeeping and custodial services (e.g., vacuuming floors, dusting surfaces, cleaning bathrooms, and replacing toiletries) to guest rooms occupied by Bridge to Placement Participants in accordance with the Hotel’s standard practices, but in no event less than every three (3) days. 1.11.4. Provide fresh linens (e.g., bed sheets and bath towels) to guest rooms occupied by Bridge To Placement Participants in accordance with the Hotel’s standard practices, but in no event less than every three (3) days. 1.11.5. Maintain and repair guest-room furniture, fixtures, and equipment (e.g., beds, televisions, and refrigerators) that the Hotel typically provides to guests in its regular course of business.       Packet Pg. 66 5 To the fullest extent made available, offered, or furnished to other guests in the Hotel’s ordinary course of business, Owner shall provide City guests with the following items, amenities, and services at no charge, irrespective of whether Owner ordinarily charges therefor: (a) use of parking spaces designated for Hotel guests twenty-four (24) hours a day, seven (7) days a week; (b) access to basic cable television; (c) use of wireless internet services; (d) keeping of pets in guest rooms; and (e) use of guest-room appliances (e.g., refrigerators and microwaves). Except those listed in the preceding sentence, Owner shall not make available, offer, or furnish to City guests any item, amenity, or service for which the Hotel charges amounts beyond those included in room rates, including without limitation food, drinks, pay-per-view television, and room service. Owner shall coordinate with the employee/agent of the Authorized Service Provider checking-in a Bridge to Placement Participant to ensure that all such items, amenities, and services are disabled, blocked, or removed from the guest room before occupancy by a City guest. Under no circumstance shall City be obligated to pay for any such additional charges, and Owner agrees not to charge City for such services to the extent that the Owner provides them. 1.12. Prohibited Participant Conduct. Owner shall immediately alert the Authorized Service Provider that checked-in a Bridge to Placement Participant (followed by written notice to City) should the Owner determine that a Bridge to Placement Participant is doing any of the following at the Hotel: 1.12.1. Engaging in any illegal activity, including without limitation the use, purchase, or sale of illegal drugs; 1.12.2. Damaging Hotel property; 1.12.3. Harassing or threatening Hotel staff, guests, or visitors, including without limitation other Bridge to Placement Participants; or 1.12.4. Unreasonably interfering with Hotel staffs’ ability to perform standard hotel services, including without limitation those specified in Section 1.11. 1.13. No Recovery for Incidental Damages or Lost Profits. Neither Party shall be liable for incidental, consequential, special, or indirect damages of any kind, including without limitation loss of business, revenue, profits, reputation, or good will arising from or relating to this Agreement. Irrespective of categorization (e.g., direct versus indirect), neither Party shall be liable for loss of business, revenue, profits, reputation, or good will arising from or relating to this Agreement. 2.0 Post-occupancy Condition of Guest Rooms. At the conclusion of occupancy by a City guest, the City shall deliver the guest room occupied by the participant in good order and condition as when received, except for the following: (a) reasonable wear-and-tear;       Packet Pg. 67 6 (b) damages resulting from fire, earthquake, or other casualty; (c) damages resulting from circumstances over which City or its officers, employees, agents, contractors, or subcontractors had no control; (d) damages caused by the acts, omissions, or conduct of Owner or its officers, employees, agents, contractors, or subcontractors; or (e) damages caused by the act, omissions, or conduct of third parties that are unaffiliated with City or the Bridge to Placement Initiative. All other damages to the Hotel caused by City or Bridge to Placement Participants shall be repaired by Owner at City’s sole cost and expense pursuant to the terms and conditions set forth in Section 2.1 and Section 2.2 2.1. Restoration of Premises. Subject to the exceptions set forth in Section 2.0 and the limitations set forth in Section 2.2, City shall reimburse Owner for all costs and expenses actually incurred and paid by Owner for restoration of the Hotel necessitated by damages caused by City, its officers, employees, agents, contractors, or subcontractors, or Bridge to Placement Participants. All restoration costs and expenses shall be preapproved by City based on reasonable commercial-standard estimates. City shall have the right to inspect the damaged property, verify to City’s satisfaction the cause of such damage, and evaluate the reasonableness of the scope and dollar amount of the proposed restoration. City shall not unreasonably delay, condition, or withhold its preapproval. City shall have no obligation to reimburse Owner for costs and expenses incurred without City’s preapproval. Owner’s failure to comply with the requirements set forth in Section 1.3 (Check-in of Bridge to Placement) or Section 1.4 (Check-out of Bridge to Placement Participants)—including without limitation Owner’s obligation to ensure that employees/agents of Authorized Service Providers inspect, photograph, and document the condition of guest rooms, in addition to the common area in the vicinity of such guest rooms, at both check-in and check-out—shall relieve City of any obligation to reimburse Owner for the proposed restoration under this Agreement or otherwise. 2.2 Avoidable Damages Not Recoverable. Notwithstanding anything to the contrary in this Agreement or elsewhere, City shall have no obligation for the payment of any damage, loss, injury, cost, or expense putatively caused by a Bridge to Placement Participant if such damage, loss, injury, cost, or expense could have been avoided altogether or mitigated to any extent through the Owner’s exercise of due care and its compliance with the provisions of this Agreement, including without limitation Section 1.11 (Services, Utilities, and Supplies to be Furnished by Owner) and Section 1.12 (Prohibited Participant Conduct). 2.3 Specific Performance. The Parties agree that City’s primary purpose and interest in entering into this Agreement is to secure interim housing for persons experiencing homelessness. Accordingly, in any legal action for breach of this Agreement, City shall have the right to pursue the remedy of specific performance, in addition to all other remedies at law or equity. In the event of any action wherein the City seeks specific performance of this Agreement, Owner shall waive the defense that a remedy at law would be adequate.       Packet Pg. 68 7 2.4. Quiet Enjoyment. While keeping and performing covenants of this Agreement, City shall peaceably and quietly hold and enjoy guest rooms occupied by Bridge to Placement Participants without hindrance or interruption by Owner or any other persons claiming by or under Owner (subject to any relevant provisions set forth in this Agreement). 2.5. Casualty and Destruction. If fire, earthquake, or other casualty results in the total destruction of the Hotel, this Agreement shall terminate automatically. If such casualty renders ten percent (10%) or less of the Hotel unusable for the intended use, Owner shall restore the premises as quickly as reasonably possible, but in any event within thirty (30) days. If such casualty renders more than ten percent (10%) of the Hotel unusable but does not constitute total destruction, Owner shall forthwith give notice to City of the specific number of days required to restore the premises. If Owner does not give notice within fifteen (15) days after such partial destruction, or if the notice specifies that restoration will require more than ninety (90) days to complete from the notice date, City shall have the right to elect either to terminate or continue this Agreement at City’s sole and absolute discretion.       Packet Pg. 69 8 Exhibit A List of Authorized providers HOPE THE MISSION 16641 Roscoe Pl. North Hills, CA. 81343 Attn: Ken Craft, CEO CATHOLIC CHARITIES San Bernardino Regional Center 1859 Western Ave N San Bernardino, CA 92410 Attn: Ken Sawa, (CEO)       Packet Pg. 70 9 Exhibit B Rates Schedule Month Rate Minimum Rooms Needed Daily Total $ Monthly Total (Range) 1 $ 100.00 50 5,000 $ 150,000 2 $ 70.00 51-75 3,570-5,250 $ 107,100 $ 157,500 3 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 4 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 5 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 6 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 7 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 8 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 9 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 10 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 11 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 12 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 Estimated Annual Cost $ 1,862,700 $ 2,407,500       Packet Pg. 71 10 Exhibit C Payment Request Cover Sheet       Packet Pg. 72       Packet Pg. 73 -1- PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SB EXPRESS ONE LLC This Agreement is made and entered into as of June 30, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and SB Express One LLC, a California nonprofit corporation with its principal place of business at 205 E Hospitality Lane, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS 1. In compliance with the Homelessness State of Emergency, which was declared on February 1, 2023, the City is taking progressive steps to mitigate homelessness. 2. Because most of the City’s shelters are at full capacity, the City has negotiated the use of up to 100 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino. Specifically, the City will utilize 75 rooms and at the discretion of the property owner have incremental access of up to an additional 25 rooms (100 total) as needed. The motel rooms will act as interim shelter, and the units will exclusively be used by the interim shelter lead operator (Consultant) to provide immediate low- barrier, Housing First, solutions and linkages to a broad range of housing resources. 3. The interim shelter will be referred to as the “Bridge to Placement Program” and will only be in use until the City constructs its navigation center, which is estimated to take eight (8) months. 4. The goals of the program are to reduce the loss of life for unhoused residents, increase access to mental health and substance abuse treatment, eliminate street encampments, promote long-term housing stability, and enhance the safety and hygiene of neighborhoods for all residents, businesses, and neighbors. Services will be low-barrier, trauma- informed, and data driven. Services must remain flexible to support the needs of individuals receiving services, as well as to accommodate the limits of available local funds. 5. City is a public agency of the State of California and is in need of hospitality services for the following project: Hotel Services and Room Lease (hereinafter referred to as “the Project”).       Packet Pg. 74 -2- 6. Consultant is duly licensed and has the necessary qualifications to provide such services. 7. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “1” and incorporated herein by this reference. Consultant owns and operates a hotel facility under the name SB Express One LLC, located at 205 E Hospitality Lane, San Bernardino, CA 924 08 (the “Hotel”). Consultant grants the City and its Authorized Service Providers the option to lease rooms in Consultant’s Hotel for Bridge to Placement Program Participants up to the minimum number of rooms specified in Exhibit B “Rates Schedule” of Exhibit 1. The Authorized Service Provider shall provide the Consultant notice of the number of rooms which the City needs to lease on an “as needed” basis with no more than 24 hours advance notice to the Consultant. Consultant shall reserve rooms for Bridge to Placement Participants up to the upper limit of the “Minimum Rooms Needed” specified in Exhibit B “Rates Schedule” of Exhibit 1 upon request from the Authorized Service Provider. 2.1. General Grant. Consultant grants the City and its Authorized Service Providers to enter and use the Hotel as described in Exhibit 1 to this Agreement. City shall use the Hotel solely for the purposes specified in Exhibit 1 of this Agreement and for such lawful purposes as may be directly incidental thereto. 2.2. Condition of Premises. Consultant has inspected the Hotel and warrants that the physical condition and the property is suitable for the City’s use of the Hotel. Consultant further warrants that the Hotel is free from latent defects and presence of hazardous materials. Consultant further warrants that Consultant has the authority to enter into this Agreement and that there are no unknown conflicts regarding title to the Hotel. Additionally, Consultant warrants that there are no pending or threatened legal, administrative, arbitral or other proceedings, claims, actions or governmental or regulatory investigations of any kind or nature whatsoever pertaining to the Hotel. 2.3. Eviction, Abandonment or Sale. In the case of the eviction of City by anyone owning or obtaining title to the premises on which the Hotel is located, or the sale or abandonment by Consultant of said premises, Consultant shall be liable to City for any damage of any nature whatsoever or to refund any payment made by City to Consultant hereunder, including the proportionate part of any recurring rental charge which may have been paid hereunder in advance.       Packet Pg. 75 -3- 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 Rates Schedule set forth in Exhibit “B” of Exhibit 1 and incorporated herein by this reference. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $2,407,500. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Invoicing shall occur as provided in Section 1.9 of Exhibit 1. c. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same. 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 no t render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. The Term of this Agreement is as provided in Section 1.7 of Exhibit       Packet Pg. 76 -4- 1. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event sha ll mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental a uthorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes o f this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA       Packet Pg. 77 -5- requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work, attached hereto as Exhibit “1” and incorporated herein by this reference. 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. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel       Packet Pg. 78 -6- in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (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       Packet Pg. 79 -7- 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 endorsemen ts 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 t he 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 automobi le liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (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 c ompensation 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 a ny acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.       Packet Pg. 80 -8- e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a       Packet Pg. 81 -9- 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. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additiona l 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. i. 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, independent contractors, subcontractors, 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. Each policy of insurance shall be endorsed to reflect such waiver.       Packet Pg. 82 -10- (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact       Packet Pg. 83 -11- same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudicat ion by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with s uch Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor       Packet Pg. 84 -12- 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). 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/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       Packet Pg. 85 -13- 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 _______ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Notice must comply with Section 1.10 of Exhibit 1. 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 rela ted to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “1,” 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 hereu nder. 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.       Packet Pg. 86 -14- 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement o f 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, bro kerage 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.       Packet Pg. 87 -15- 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: 44.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); 44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; 44.3 Treasury Compliance and Reporting Guidance for the Act; 44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be othe rwise provided by the U.S. Department of the Treasury; 44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and 44.6 Federal contract provisions attached hereto as Exhibit “2” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.       Packet Pg. 88 -16- [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 89 -17- SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOPE THE MISSION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager Date: ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Thomas Rice SB EXPRESS ONE LLC Signature Name Title Date:       Packet Pg. 90 -18- Exhibit 1 Scope of Work/Lease Option       Packet Pg. 91 -19- EXHIBIT 2 FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “2”. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender ide ntity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and select ion for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee o r applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or act ion, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.       Packet Pg. 92 -20- (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, o r as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not ap plicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.       Packet Pg. 93 -21- The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discha rge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with       Packet Pg. 94 -22- respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2)       Packet Pg. 95 -23- Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Feder al contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the re cipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the       Packet Pg. 96 -24- Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information.       Packet Pg. 97 -25- (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as alumi num; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.       Packet Pg. 98 -26- (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.       Packet Pg. 99 -27- (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federa l financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.       Packet Pg. 100 -28- (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company - owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.       Packet Pg. 101 -29- (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.       Packet Pg. 102 -30- (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasu ry if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non - compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.       Packet Pg. 103 -31-       Packet Pg. 104 Resolution No. 2023-095 Resolution 2023-095 June 30, 2023 Page 1 of 3 2 9 4 6 RESOLUTION NO. 2023-095 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DESIGNATING THE CITY MANAGER WITH THE AUTHORITY TO APPLY FOR GRANT APPLICATIONS AND EXECUTE FUNDS AND SUBCONTRACTS CONSISTENT WITH THIS RESOULUTION. WHEREAS, the City desires to participate in, and maximize coordination and cooperation with, the regional strategies and systems addressing homelessness; and WHEREAS, the City is committed to addressing homelessness, is connected to the County’s Continuum of Care (CoC) and is a voting member of the County’s Interagency Council on Homelessness (ICH), which helps to identify a regional response to homelessness and assist persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/ease management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency centers, and new construction rehabilitation, and preservation of permanent and transitional programs; and WHEREAS, on December 7, 2022, the City made a one-time commitment of $24.5 million to mitigate homelessness; and WHEREAS, based on the 2022 Point in Time Count, the City host 36% of the County’s unhoused population and experienced a 135% increase in homelessness since 2019; and WHEREAS, on February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-028, declaring a Homelessness State of Emergency in the City of San Bernardino in response to an on-going statewide and regional homelessness crisis. WHEREAS, on May 17, 2023, the City approved the Homelessness State of Emergency Implementation Strategy, which is consistent with the City’s vision, mission and the City’s Homeless Initiatives Plan approved by Council on December 7, 2022; and 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.       Packet Pg. 105 Resolution No. 2023-095 Resolution 2023-095 June 30, 2023 Page 2 of 3 2 9 4 6 SECTION 2 The Mayor and City Council hereby finds that additional funding will be needed to support the activities described in this resolution and supports the need for our City to apply for State and Federal grants to support comprehensive homeless services. SECTION 5.The Mayor and City supports the need to increase bed capacity for unhoused residents in the form of low-barrier, interim shelter. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 30th day of June 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 106 Resolution No. 2023-095 Resolution 2023-095 June 30, 2023 Page 3 of 3 2 9 4 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 Resolution No. 2023-095, adopted at a regular meeting held on the 30th day of June 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 107 1 4 4 8 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Darren L. Goodman, Chief of Police Department:Police Subject:Quality of Life – Police Department       Packet Pg. 108 Quality of Life Police Department Presented by: Chief Goodman       Packet Pg. 109 Background Current Challenges •Quality of Life crime. •Prevention of access to public locations vital to community wellness and youth development. •Criminal vagrancy that threatens the public health and safety. •Criminal activity that gives the appearance of disorder and an unsafe environment.       Packet Pg. 110 Downtown Pilot Project Ideal Downtown Qualities •Economic driver •Welcoming location for all community members •Attractive location for visitors •Exemplify the City’s heritage and spirit       Packet Pg. 111 Pilot Project Goals  Downtown Goals •Partner with outreach and behavioral health workers to provide services. •Reduce crime statistics •Reduce the appearance of blight •Reduce frequency of quality-of-life crimes •Crimes that create disorder •Crimes that reflect social decay •Prevent re-occupation by criminal actors       Packet Pg. 112 Downtown Strategy Downtown Strategy •Implement proven strategies •Identify key areas vital to community and youth health and development •Identify criminal activity that compromises public health and safety in key areas •Data-driven enforcement and outreach •Assess strategy and results daily •Adjust deployment strategy based on the data collected       Packet Pg. 113 Focus Resources Five District Map Downtown Restoration Plan       Packet Pg. 114 Results STATS APRIL-JUNE    Felony  Arr.Misd. Arr.Traffic  Cites Parking  Cites Infraction s Tows Shopping  Carts Resource s Offered 10 183 34 99 127 27 30 3       Packet Pg. 115 Long Term Strategy  Strategy of Compassion, Common Sense, and  Accountability •Develop a dedicated multi-discipline Quality of Life PD Team for city-wide outreach and enforcement. •Train officers in homeless liaison encounters. •Identify key locations for enforcement and evaluate daily. •Apply lessons learned during the Downtown pilot program. •Partner with Outreach workers and Behavioral Health to offer services and enforce all appropriate laws. •Partner with Public Works for clean-ups and criminal enforcement. •Enforce camping laws when daily bed capacity data becomes available. •Establish an ordinance restricting camping activity in designated sensitive areas in the City.       Packet Pg. 116 Long Term Goals  Goals •Reduce crime and criminal vagrancy. •Improve the community's perception of safety and comfort in use public spaces. •Develop and implement strategies that make the City undesirable to criminal activity in public spaces. •Partner with multiple disciplines to provide a multi-pronged approach of outreach, crime prevention, and criminal enforcement.       Packet Pg. 117 Department Recommendations Staff will recommend at a future meeting the follow actions: 1.Approve a dedicated Multi-Disciplinary Team consisting of 1 Sergeant, 1 Detective, 6 Officers, 1 Community Outreach Person, and 1 Behavioral Health Person. New Requests For Funding FY 2023/24 Future Quality of Life PD Team - Personnel Costs N/A $1,572,486       Packet Pg. 118 Questions?       Packet Pg. 119 1 4 4 7 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Lydie Gutfeld, Director of Parks, Recreation & Community Services; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Parks & Recreation & Community Services Subject:Quality of Life - Securing Public Spaces       Packet Pg. 120 Quality of Life Securing Public Spaces Presented by: Lydie Gutfeld, Director of Parks, Recreation and Community Services Daniel Hernandez, Agency Director of Public Works       Packet Pg. 121 After Hours Private Security After Hours Private Security •Community Input Driven •Priority request from Master Plan initial data •Special Event Security Ø Model implemented with preparation for Festival 2022 Ø Increased security for Miracle on Court St. 21 day event Ø Developed into the All Hands on Deck Park Maintenance plan       Packet Pg. 122 After Hours Private Security After Hours Private Security •Secure Parks & Eliminate Criminal Activity •First implemented on June 1, 2023 •Current Locations: o Seccombe Lake Park o Pioneer Cemetery o Meadowbrook Park/Rudy C. Hernandez o Perris Hill Park/Senior Center/Roosevelt Bowl o Wildwood (July 17, 2023) o Encanto/Bobby Vega (July 24, 2023)       Packet Pg. 123 After Hours Private Security Redwood Security After Hours •Enforcement Hours: 8pm-6am •Monthly Costs: $30,000 Powers & Duties •Ability to write citations •Provide Homeless Outreach Brochure •Provides daily reports with photos and data •Number of “touch points” / incidents per month •How many declined homeless services •How many times Police is called •Disposition of the outcome       Packet Pg. 124 Security Services for City Properties Request for Proposal released on June 7th for Security Services Areas of Coverage •City Hall Campus •11 City Parks •3 Libraries •3 Community Centers •California and Regal Theaters •Other City-owned properties Services Provided •Roving Patrol Services •Roving Money Pick-up and Drop-off •Security for City Special Events       Packet Pg. 125 Park Ranger Program Purpose •Increases City staff presence at public parks •Keeping Park areas safe and accessible to all members of the public. •Enhances neighborhoods through additional enforcement. •Provides additional educational opportunities       Packet Pg. 126 Park Ranger Program Staffing Model •(1) Park Ranger Supervisor •(3) Park Rangers Park Ranger Supervisor Park Ranger Park Ranger Park Ranger       Packet Pg. 127 Securing Public Spaces Recommendations Staff will recommend at a future meeting the follow actions: 1.Approve a budget allocation for Private Security to provide after-hour security for parks in an amount not to exceed $180,000 (six months). 2.Direction for staff to negotiate and bring back an agreement with Redwood Security to provide after-hour security for parks. 3.A recommendation for Security Services for City Properties. 4.A recommendation for a Park Ranger Program. New Requests For Funding FY 2023/24 Future Private Security City-Wide $1,256,000 est.TBD Private Security Agreement (6 months)$180,000 N/A Park Ranger Program N/A $505,900 8       Packet Pg. 128 Questions?       Packet Pg. 129 1 4 5 1 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Quality of Life - Health & Safety, Encampment Clean- ups (All Wards)       Packet Pg. 130 Quality of Life Health and Safety / Encampment Clean-ups Presented by: Ernesto Salinas, Deputy Director of Operations & Maintenance       Packet Pg. 131 Homeless Encampment Clean Up Current Progress •Transitioned to Public Works, Operations and Maintenance in Sept of 2022 from PD •Formalized notification process for clean-ups and incorporated new process with full documentation •Consent to discard items •Storage requirement •Inventory requirements •New section established •CRM system primary driver along with in-house staff self-reporting       Packet Pg. 132 Statistics Daily Clean Up Locations 1,205 Camps Cleaned and Cleared 2,406 Ward 1 425 Ward 2 426 Ward 3 201 Ward 4 247 Ward 5 239 Ward 6 202 Ward 7 334 Cleanups by Ward Perris Hill Park*346 Meadowbrook*176 Wall and Baseline 164 490 N. D Street / Baseline 168 Seccombe Lake Area 60 High Frequency Cleanups Multiple camps are usually present at any one location. Camps also resurface often. *recent efforts have resulted in diminished presence of encampments. Cleanups since Sept. 2022       Packet Pg. 133 Health & Safety Parks Status Update •Cleanup •Playground at Meadowbrook •72 unique items at Perris Hill Park •Hazards & Biohazards •18 dead trees •Fence repairs •Restroom Repairs and Fixture Upgrades •Lighting Improvements •Solar based “Intuitive Lighting” •Lighted Bollards after before before after       Packet Pg. 134 Health & Safety Perris Hill Park       Packet Pg. 135 Health & Safety Meadowbrook Park       Packet Pg. 136 Health & Safety Parks Status Update •Additional Enhancements •Restroom repairs and fixture upgrades •Horseshoe Pit Area •Made more inviting •Added fencing •Increased accessibility •New Zen Area •Sitting space for residents •Planted 3 trees & 4 benches •Drought tolerant concept before after       Packet Pg. 137 Stakeholder Collaboration Public Agencies •Initiated contact with San Bernardino County and CALTRANS •Established quarterly meetings to discuss clean up efforts Private Entities •Coordinating with utility companies and railroad companies for cleanup on non-City Property       Packet Pg. 138 Encampment Cleanup Staffing Supervisor 2 Lead Worker 2 Maintenance Worker I 8 Burrtec Support 5 employees CEO Works 8-person crew Supervisor No Change Lead Worker No Change Maintenance Worker I No Change Burrtec Support +5 employees CEO Works + 8-person crew Authorized Staffing Proposed Staffing Full staffing will allow us to move to 6-day a week operation.       Packet Pg. 139 Recommendations Staff will recommend at a future meeting the follow actions: 1.Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement. 2.Authorize the Agency Director of Administrative Services to amend the FY23/24 budget in the amount of $464,340 to the Public Works Operations and Maintenance Gas Tax Fund. 3.Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340. New Requests For Funding FY 2023/24 Future Maintenance Services Agreement (CEO) ($550,000 already budgeted for FY 2023/24)$464,340 (Gas Tax Fund)$1,014,340 10       Packet Pg. 140 New Requests For Funding FY 2023/24 Future Turf-friendly Mini Loader TBD N/A Weed Abatement & Brush Clearing TBD TBD Comprehensive Bio-Hazard Cleanup TBD TBD Incentive/Special Pay TBD TBD Recommendations Staff will recommend at a future meeting the follow actions: 4. Recommendations for a: a.Purchase Agreement for a Turf-friendly Mini-Loader b.Maintenance Services Agreement for weed abatement and brush clearing c.Maintenance Services Agreement for comprehensive bio-hazard clean up 5.A recommendation regarding incentive/special pay for hazard condition work. 11       Packet Pg. 141 Questions?       Packet Pg. 142 - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 2023 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 CENTER FOR EMPLOYMENT OPPORTUNITIES, a CALIFORNIA CORPORATION, with its principal place of business at 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 (“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 Right of Way Clean-Up and Weed Abatement 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 Right of Way Clean-Up and Weed Abatement Services 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 professional Right of Way Clean-Up and Weed Abatement 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 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 July 1, 2023, to June 30, 2024, 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 continue services by electing four (4) annual option years, culminating on June 30, 2028.       Packet Pg. 143 - 2 - 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 Ernesto Salinas, 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 Henry Barela, 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 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,       Packet Pg. 144 - 3 - Contractor represents that it, its employees, and subcontractors 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 Performance 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 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       Packet Pg. 145 - 4 - 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. 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       Packet Pg. 146 - 5 - 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. 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:       Packet Pg. 147 - 6 - (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); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and 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 $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. 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 MINIMUM; per accident for bodily injury and property damage; (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 MINIMUM 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. (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       Packet Pg. 148 - 7 - 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 in 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 in 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 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       Packet Pg. 149 - 8 - 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. 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 “C” attached hereto and incorporated herein by reference, Contractor       Packet Pg. 150 - 9 - 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 “C” 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 Section 995.660 of the California Code of Civil Procedure, and proof of such is provided 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       Packet Pg. 151 - 10 - 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 to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the 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, ae 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       Packet Pg. 152 - 11 - not exceed One Million Fourteen Thousand Three Hundred Forty Dollars ($1,014,340). 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. 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       Packet Pg. 153 - 12 - 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 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 and 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:       Packet Pg. 154 - 13 - Contractor: Center for Employment Opportunities, Inc. 1777 Atlanta Avenue, Suite G-1 Riverside, CA 92507 Attn: Henry Barela City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Ernesto Salinas With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: 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, 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 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       Packet Pg. 155 - 14 - 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 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 workdays. 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.       Packet Pg. 156 - 15 - 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. 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. 3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.       Packet Pg. 157 - 16 - [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 158 - 17 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number       Packet Pg. 159 EXHIBIT A EXHIBIT A SCOPE OF SERVICES The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. The Vendor will perform right-of-way and related maintenance services that primarily focuses on the collection of litter and illegally dumped items. This organization must have a 501 c 3 status whose workforce is staffed with participants seeking to improve their lives and who are part of a transitional work program designed to reduce recidivism rates (see Para., Program Participants and Para., Contractor Responsibilities for detailed requirements). The organization must also have the ability to be contacted on- demand via our dispatch service using cell phones or other mobile technologies during the workday. Work will be located within the City of San Bernardino rights-of-way (including sidewalks), city-maintained easements, city parking lots, and any other city property. In some instances, weed abatement, small brush removal, sediment removal, and vegetation removal from ROWs will be requested. Sweeping of trash and debris may also be requested as part of litter collection efforts from curbs and storm drains on ROW—especially as it collects on top of sediment. Below is a list of general work tasks. It’s again important to note that the bulk of the requirements of this scope of services is the collection of litter and illegally- dumped items from sidewalks and ROWs but is not limited only to those tasks. In general, work will mostly be centered in or near the arterial streets listed in Table 2. Table 1. List of General Work Tasks Work Tasks Remarks removal of litter, garbage, and debris from ROWs sweeping of trash with broom from curb lines/storm drains prior to collection This is typically littering such as cups, food wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb & gutter lines removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm drains sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways collection of illegally dumped items from ROWs and roadways weed eating As requested by city staff       Packet Pg. 160 EXHIBIT A Work Tasks Remarks removal of litter, garbage, and debris from ROWs sweeping of trash with broom from curb lines/storm drains prior to collection This is typically litter such as cups, food wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb & gutter lines removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm drains sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways collection of illegally dumped items from ROWs and roadways weed eating As requested by city staff Table 2. List of Arterial Streets Arterial Street Remarks Sierra Way From Mill Street to 52 St. Waterman From Hospitality to 40th Arterial Street Remarks Highland Entire street Baseline Entire street Tippecanoe Entire street excluding County Pockets 40th Street Entire street Mountain View Ave Not to be confused with Mt. View (abbreviated street name at other area) H Street Entire street (land locked but continues off of Kendall) G Street Entire sreet Rialto Street Entire street Orange Show Rd/San Bernardino Ave East and west to include merge with San Bernardino Ave to Mt. View 2nd Street Mt. Vernon to Freeway (I Street) Meridian Entire street within city limits 5th Street Entire street excluding County Pockets Kendall Dr Entire street Sterling Entire street excluding County Pockets Del Rosa Entire street excluding County Pockets E Street Entire street Arrowhead Entire Street       Packet Pg. 161 EXHIBIT A Priority Work Tasks: The tables below reflect the ideal priorities for the city and is intended to provide the organization with a better understanding of the city’s current and additional maintenance needs by priority. Not all tasks will be requested routinely. PRIORITY 1. Work Tasks Remarks litter collection from ROWs, city properties illegal dumping collection from ROWs, city properties includes bulky items palm frond collection from ROWs city-wide post wind events scraping and removal of slap stickers from intersection poles, ped buttons, etc sweep/blow sidewalks on arterial corridors after litter c weed abatement (pull and/or use weed-whacker) from ROWs and other city properties chemical application not authorized without proper certifications yardwaste collection from ROWs, city properties PRIORITY 2. Work Tasks Remarks graffiti removal from utility boxes, poles, ped buttons guardrail touch-up painting raking of landscaped areas (non-contractual sites) bottle caps, broken bottles collection at parks and ROWs raking underneath plant beds in Parks, ROWs, bleacher wipe down/touch up painting park bench paint touch-up PRIORITY 3. Work Tasks Remarks assistance with homeless camp clean ups removal of debris from lake at Seccombe Lake will not require getting in lake/water removal of dead plants at street medians, other areas curb/gutter trash collection and clean up minor curb painting in non-high traffic volume areas fence touch up (vine removal, spray paint touch up)       Packet Pg. 162 EXHIBIT A PRIORITY 4. Projects Remarks small to medium sized landscape upgrades (conversion of grass-turf areas to drought-tolerant) this will include decorative rock spreading, planting, mulch application, weed-prevention fabric, etc. pocket park establishment decomposed granite (spreading), rock and mulch application, planting, mulch application pressure-washing sidewalks will require training/observation by city staff before operating brush removal from vacant lots, trimming to 18” or lower for native plants/brush fire hazard (overgrown vegetation) mitigation STAFFING It is requested at least (1) roving illegal dump collection crew of at least 3 participants and one supervisor be provided on a daily basis for street/row cleanup activities. An additional standard crew of at least 6 participants (plus a supervisor) is requested for larger clean-up of vacant city lots or other City property. •Supplemental Staffing: Two (2) supplemental roving illegal dump collection crews are requested within this agreement. The City recognizes that this is contingent upon participant availability. •Optional Staffing: A third (optional) crew of at least 4 participants and one supervisor is also highly desired to assist with janitorial services at approximately 20 city parks. A fourth (optional) crew of at least 2 participants plus one supervisor is desirable for graffiti abatement/curb painting. Please Note: The cost for optional crews should not be reflected in overall cost for services, but, rather, included as a separate amount. Program Participants: The organization will ensure that crews providing services to the city will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have been thoroughly screened by the organization to ensure they will be suitable participants for a program of this nature. EQUIPMENT The organization must provide a listing of available equipment and supplies to reassure the City of its ability to perform required work tasks. While no specific equipment is mandated, it is generally expected that the organization will possess the following: •2 large stake bed trucks •3 passenger vehicles with trailer-mounted porta-potties •Rakes, blowers, weed-whackers, litter pickers, pressure-washers, •All necessary PPE for employees       Packet Pg. 163 EXHIBIT A Additional Notes: Litter collection may be required from sidewalks, store fronts, alcoves, entrances, crevices and may include items such as leftover food, used clothing/shoes, debris, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. These items may be disposed in City trash receptacles (if at a low volume) and/or brought to the City yard for higher volumes (excluding syringes/needles). Litter collection in ravines, creeks, washes, or embankments will require a separate agreement between both parties (the City and Organization) to ensure maximum safety should the need arise. The inability to provide these tasks will not disqualify the organization from consideration for this project. RESPONSIBILITIES OF THE 501 (c) 3 ORGANIZATION The organization will: •Perform all outreach, recruitment, screening, and enrollment for program participants and will manage all aspects related to participant’s requirements for verification or participation in the program. The City will not verify any individual’s participation in work tasks (or employment) for any outside entities or other related agencies requesting such information. •Screen all participants and provide supervisory controls to ensure eligibility and fitness for work, •Provide supervisors for each work crew. •Ensure the safety of all participants to include training for working in streets, proper PPE usage, and any other safety-related training. •Provide compensation in accordance with all local, state, and federal minimum wage laws. •Provide participants with the following services: o Pre-employment training. o Job coaching and job placement services. o Post-placement services. o Counseling services (referrals). •Indemnify the City of all and any potential liability stemming from any work or services provided to the City. Indemnification waivers (provided by the city) must be signed by all participants. TERM: The term for these services is from July 1, 2023 to June 30, 2024, with four (4) annual option years, culminating on June 30, 2028. HOMELESS ENCAMPMENT DISCLAIMER(S) The organization may reserve the right and sole discretion to decline to perform right-of-way maintenance services at a city-designated site if such site contains potentially hazardous materials, including but not limited to biohazardous materials, an active or recently active homeless encampment, and/or if any persons impacted by homelessness are near the site.       Packet Pg. 164 EXHIBIT A Both parties agree that should litter and/or illegally dumped items be reasonably considered by CEO to be the personal property of homeless individuals, CEO will elect to not disturb said items and will notify the City. WORK TASK DEFINITIONS: 1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings or discarded food packaging. Syringes and biohazards should be appropriately separated and disposed of properly in accordance with applicable rules and regulations. 2. Palm Frond Collection. Collection of palm fronds on City ROWs, sidewalks, or other City- owned properties. Removal of fronds from storm drains/gutters and greenbelts. Support during and post-windstorm events is expected when tasks can be accomplished safely. 3. Scraping and Removal of Slap Stickers. Removal of minor slap stickers or other adhesive-based graffiti on City poles, utility boxes, fences, etc. This will likely require scraping and other methods to remove the stickers. Wipe down of any leftover residue is required. 4. Sweeping/Blowing. Sweeping/blowing of sidewalks, parking lots, curbs, walking trails and collection of left-over debris. Areas should be free of any dirt/silt once sweeping or blowing is complete. 5. Weed Abatement. Removal of weeds from City rows, landscaped areas, medians, City property, greenbelts, easements, alleys. This will require manual or powered-tool removal prior to spraying with chemicals (either by licensed City Staff or a licensed volunteer with appropriate Pesticide license). 6. Minor Graffiti Removal. Removal of graffiti (painted, marked) on City property to include intersection poles, utility boxes, fences, windows, pedestrian crossing signs, etc. This may be accomplished through non-toxic chemicals, pressure washing, or touch-up with matching paint. 7. Minor Touch-Up Painting. This may occur in City-owned buildings (exterior only), fences, walls, or other similar infrastructure requiring paint touch-up. The city will provide paint and paint supplies. 8. Raking of Landscaped Areas. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. Other non- typical areas may be requested. 9. Wipe-down/pressure-washing of City Owned Amenities. Proper wipe-down and pressure washing of City-owned amenities and hardscape elements (such as park benches, tables, trash cans, street light poles, signs, monuments, etc.) will be performed using non- abrasive methods that will not result in damages. All effort will be made to prevent any chipping of paint; alternative methods to safely clean hardscape elements are authorized. 10. Removal of Dead Plants/Minor Debris. At all applicable locations, dead plants and dead shrubs will be removed and properly disposed of. This may include plants from landscape       Packet Pg. 165 EXHIBIT A beds, ROWs, City-owned lots. Replanting may be requested but this will occur with City staff present; plants to be provided by City staff. 11. Curb/Gutter Trash Collection. Trash and other debris on curbs, gutters, or storm drains will require careful collection as to not cause accidental deposit into storm drains. Sweeping with an industrial dustpan is the preferred method. 12. Minor Curb Painting. At the City’s request, minor curb painting to replace faded paint may be requested. This may include red (no parking) touch up along with other regulatory markings. This will be minor in nature and the city will provide all applicable materials and supplies. 13. Fence Touch Up. Minor fence repairs (reattaching broken wires, chain links) may be requested. Touch up of faded paint on chain links may also be requested along with removal of vines. 14. Brush Removal. At City-owned lots and other properties, removal of brush using manual or powered tool methods. Brush will be collected appropriately and, to the maximum extent possible, separated for proper green waste recycling. In some instances, removal of brush may require work on large vacant lots for fire hazard mitigation. 15. Minor Landscaping Upgrades. The city will provide all supplies and materials for minor landscaping upgrade projects. These projects may include restoration of small, landscaped areas, sitting areas, and other beautification efforts at street islands, greenbelts, and pocket parks.       Packet Pg. 166 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES Work Reporting and Notification. The organization will be required to notify the City representative (via email) of the amount of crews available to perform work on a daily basis. Upon notification, the City representative will determine which work locations will be assigned. Variations to this process may occur when work tasks/locations are determined in advance by the City representative. If possible (and without creating an extra, undue, burden to the organization), before and after photos of work accomplished will be highly desirable for City staff. •General Daily Operations for Roving Illegal Dump Crew(s): Roving illegal dump crews will be assigned arterial streets to inspect (drive) and begin collection of litter and illegally dumped items. Should all assigned streets be completed before the end of day, the Crew Supervisor will contact the City representative (Streets Supervisor) and request additional tasks for the day. Throughout the workday, the Crew Supervisor may receive no-notice litter collection or illegally dumped items requests. Once he or she receives this call, he may make a judgement call as to collect the items immediately or wait until the last work hour of the day unless he receives specific instructions to collect the litter/items immediately. The intent is to not bounce crews all over town with individual requests (however, this may unfortunately happen on rare occasions). Other Assigned Tasks: As previously described, crews may be assigned minor landscaping tasks such as weed abatement, brush removal, vegetation removal, sediment removal from time to time. Though this is not the primary work task, it will be requested by the Streets Supervisor when the need arises. The City will make every effort to provide advance notice of these types of requests. Hours of Operation. All work will be performed Mondays to Fridays within the hours of 7 a.m. to nightfall unless otherwise exempted by the City representative. Work is not generally allowed during nighttime. The term “within” is meant to describe the range of hours for work and does not include work during the entire timeframe. In other words, a 7:30am to 2pm shift is acceptable or a 8:30am to 3:30pm shift is acceptable. A minimum of 6.5 work hours per day is expected (excluding lunch breaks). Requests from The Public. The organization is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations while performing work for the City. The organization will make every effort to politely inform the requesting individual to contact San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of this agreement may be cause for termination. Disposal. The city authorizes the organization to dispose of any debris, green waste, bulky items ONLY related to work tasks assigned by the city representative. All efforts will be made to separate green waste and properly dispose (recycle) it at the corresponding bin located in the city yard. •Bulky items (discarded furniture, etc.) collected during volunteer work shall be disposed of (recycled) at the City Yard. Such items cannot be collected and/or kept for personal use by the organization or its staff.       Packet Pg. 167 EXHIBIT B •Syringes/needles will be appropriately disposed of using sharps containers (the city is able to provide these containers if needed). •Biohazards/fecal matter will be mitigated using proper procedures by trained/certified volunteer personnel or should be left behind with City staff being immediately notified of the location. City Yard Access. Access will be granted to the organization and staff for disposal of trash, debris, or any other collected items from daily work tasks. Generally, the City Yard is open from 6 a.m. to 4:30 p.m., however, badge access will be provided to the crew supervisors, managers, and/or team lead for access to the disposal areas of the yard should gates be locked. No more than 3 badges will be granted.       Packet Pg. 168 EXHIBIT C EXHIBIT C COMPENSATION VENDOR QUOTE FORM VENDOR NAME: Center for Employment Opportunities, Inc. ADDRESS: 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 PHONE: (909) 380-8822 The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: RIGHT OF WAY CLEAN-UP SERVICES COST SHEET Crew Type Total Employees Annual Cost Roving Illegal Dump Crew #1 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #2 3 participants plus supervisor $186,750 Roving Illegal Dump Crew #3 3 participants plus supervisor $186,750 Standard Crew #1 6 participants plus supervisor $454,090 TOTAL:$1,014,340 Optional Crews Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182, 275 OPTIONAL CREW TOTAL:$444,417       Packet Pg. 169 EXHIBIT C Optional Years ADDITIONAL YEARS NOTE: List as “same” if no projected annual increases are expected. YEAR 2 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 2: SAME AS ABOVE YEAR 3 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 3: SAME AS ABOVE YEAR 4 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 4: SAME AS ABOVE YEAR 5 3 PARTICIPANT CREW:$_____ 6 PARTICIPANT CREW:$_____ OPTIONAL CREWS TOTAL: ________ TOTAL YEAR 5: SAME AS ABOVE *Please do not include option years totals in overall amount. All additional outyears are subject to renegotiation should labor market costs increase. Total Number of Additional Pages: 0 I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: (Authorized Representative Signature) Print Name: Contractor’s License Number and Classification: DIR Registration Number (if applicable): ____________________________       Packet Pg. 170 Resolution No. 2023-096 Resolution 2023-096 June 30, 2023 Page 1 of 3 2 9 8 2 RESOLUTION NO. 2023-096 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2023/24 GAS TAX OPERATING BUDGET REVENUE AND EXPENDITURES BY $464,340 FOR RIGHT-OF-WAY CLEAN-UP SERVICES AND WEED ABATEMENT. WHEREAS, the City of San Bernardino values keeping City rights-of-way, City properties, vacant lots, free of illegal dumping, and weeds; and WHEREAS, the City is supportive of all efforts to properly maintaining, and keeping City infrastructure safe and clean; and WHEREAS, the City recognizes that keeping our right-of-way maintenance services and litter/illegal dumping collection services operating smoothly will promote safer communities and encourage economic investment. 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 adopt resolution No. 2023-096 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Gas Tax Operating Budget by the amount of $464,340; and SECTION 3. The Mayor and City Council authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340; and SECTION 4. The Mayor and City Council authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement; and SECTION 5. The Mayor and City Council find 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.       Packet Pg. 171 Resolution No. 2023-096 Resolution 2023-096 June 30, 2023 Page 2 of 3 2 9 8 2 SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 30th day of June, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 172 Resolution No. 2023-096 Resolution 2023-096 June 30, 2023 Page 3 of 3 2 9 8 2 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. 2023-096, adopted at a special meeting held on the ___ day of ___ 2023 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 ____ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 173 1 4 4 3 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Rolland Kornblau, Director of Information Technology Department:Information Technology Subject:Quality of Life – City Website Updates       Packet Pg. 174 Quality of Life City Website Updates Presented by: Ashley Esquivel, Rolland Kornblau, Jeff Kraus       Packet Pg. 175 Proposed Website Changes •Add a Homeless Solutions link under the Development button •Replace “Jobs” with “Homeless Solutions” for a direct link. •Move “Jobs” to the top row       Packet Pg. 176 Conceptual Rendering       Packet Pg. 177 Metrics Dashboard       Packet Pg. 178 Questions?       Packet Pg. 179 1 4 4 6 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation & Community Services Subject:Quality of Life - Discussion on Public Parks and Recreational Facilities (All Wards)       Packet Pg. 180 Quality of Life Discussion on Public Parks and Recreational Facilities Presented by: Lydie Gutfeld, Director of Parks, Recreation and Community Services       Packet Pg. 181 Introduction Purpose •Ensures that City parks are: •Accessible and available to residents and the public at large •Used for their intended recreational purposes •Maintained in a clean, sanitary, and accessible condition Limitations with Current Municipal Code •Does not include definitions for “smoking” and sensitive use or areas •Vehicle usage regulations are too limited •Does not regulate improper usage of fountains and splash pads •Does not include language regarding indecent exposure •Regulation regarding restrooms is outdated       Packet Pg. 182 Needed Enhancements – 12.80.020 Definitions “Park” •Current definition is not comprehensive •Additional areas to include: •Distance restrictions of entrances •Rest Areas •Trails •Areas owned and maintained by the city “Smoke” and “Smoking” •Not currently included in Chapter 12.80 •City parks are experiencing an increase in small fires •Definition should include “Smokeless Tobacco”       Packet Pg. 183 Needed Enhancements – 12.80.130 Regulations Opening Description •Should include a declaration of intent •Safe, Clean, and Green •Hours of operation •Should include any public spaces within 500 ft of: •Schools •Parks •Playgrounds •Public Facilities •Other Recreational Facilities or Structures       Packet Pg. 184 Needed Enhancements – 12.80.130 Regulations Motor Driven Model Airplane •Current definition only includes “motor driven model airplanes” •Parks has received complaints about drones •Include “drone or other motorized flying apparatus” in the definition Motor Vehicles •Parks has received complaints about RV parking and electric scooters •Include language that includes: •Appropriate usage of all vehicles •Parking restrictions       Packet Pg. 185 Needed Enhancements – 12.80.130 Regulations Bathing or Wading •Current problems: •Mechanical failure due to improper usage •Accumulation of large puddles •Additional maintenance and repair costs •Language should include: •Restrictions on washing clothes •Usage of drinking fountains •Usage of decorative fountains •Usage of splash pads       Packet Pg. 186 Needed Enhancements – 12.80.130 Regulations Boisterous and Indecent Conduct •Current problems •Complaints about indecent exposure •Current language does not include nudity •Language should include: •Specificity about nudity •Exemptions for young children •Exemptions for breast feeding       Packet Pg. 187 Needed Enhancements – 12.80.130 Regulations Regulation of Restroom Usage •Current language is convoluted •Needs to be updated to be gender neutral •Needs to be separated into two sections: o Bathroom use o Damaging restroom areas       Packet Pg. 188 Additional Provisions Sensitive Uses / Areas •Allow expansion of existing rules via Resolution o Increases the flexibility allowed in the municipal code o Allows Council to define Sensitive Uses or Areas       Packet Pg. 189 Recommendations New Requests For Funding FY 2023/24 Future None N/A N/A Staff will recommend at a future meeting the follow actions: 1.Additional rules to consider restrictions around sensitive uses/areas.       Packet Pg. 190 Questions?       Packet Pg. 191 Chapter 12.80 PUBLIC PARKS AND RECREATIONAL FACILITIES Sections: 12.80.010 Short title 12.80.020 Definitions 12.80.030 Use of parks and buildings exclusive 12.80.040 Permit - Required when group exceeds twenty-five persons 12.80.050 Park and recreation sponsored classes - Permit required 12.80.055 Consumption of Alcohol in a Public Park - Permit required 12.80.060 Application for permit 12.80.070 Issuance of permit 12.80.080 Denial of permit 12.80.090 Right of appeal of denial of permit or conditions imposed on issuance of permit 12.80.100 Fees and deposits 12.80.110 Liability 12.80.120 Displays and sales 12.80.130 Park regulations 12.80.140 Violation - Penalty 12.80.010 Short title The ordinance codified in this Chapter shall be known as the "parks and recreation ordinance." (Ord. 3326, 1-03-73) 12.80.020 Definitions For the purpose of carrying out the intent of this Chapter, the following words, phrases, and terms shall be deemed to have the meaning ascribed to them in this section: A. ''Amplified sound" means speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance, or intensity of speech or music and are powered by electricity, battery, or combustible fuel. B. "Building" includes any building, or portion thereof, under the supervision of the Parks and Recreation Department of the City. C. "Director" refers to the Director of the Department of Parks and Recreation. D. "Park" includes all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of the Parks and Recreation Department . E. "Permit" means a permit for exclusive use of any park or building, or portions thereof, as provided for in this Chapter. F. "Person" means persons, groups, associations, partnerships, firms or corporations unless the context in which such word is used indicates the singular word person was intended. G. "Inline skates" mean skates which are attached to a boot, shoe, or other footwear to be worn by the skater. (Ord. MC-1185, 10-05-04; Ord. 3326, 1-03-73) 12.80.030 Use of parks and buildings exclusive The City's public parks and buildings, or portions thereof, may be made available for the exclusive use of persons subject to the issuance of a permit by the Director as provided for in this Chapter. (Ord. 3326, 1-03-73) 12.80.040 Permit - Required A. For any private groups of persons using a public park that have fewer than twenty- five no permit is required.       Packet Pg. 192 B. It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than twenty-five to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a written permit from the Director as provided for in this Chapter. C. It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than one hundred to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a Special Event Permit pusuant to Municipal Code Section 19.70.036. (Ord. MC-1414, 7-06-15; Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73) 12.80.050 Park and recreation sponsored classes - Permit required It is unlawful for any person, firm, corporation, society or organization to hold classes, courses of instruction or any activity where a fee or any form of compensation is charged or anything of value is obtained in a park or building, except in accordance with a written permit issued by the Director for such classes, courses of instruction or activity sponsored by or approved by the Department of Parks and Recreation pursuant to the provisions of this Chapter. (Ord. MC-460, 5-15-85; Ord. 3525, 9-10-75; Ord. 3326, 1-03-73) 12.80.055; 12.80.060; 12.80.070; 12.80.080; 12.80.090; 12.80.100; 12.80.110; 12.80.120 (Repealed by Ord. MC-1414, 07-06-15) 12.80.130 Park regulations Within the limits of any public park or playground in or upon any facility or building located therein and owned or controlled by the City, it is unlawful for any person to: A. Cause the amplification of sound exceeding twenty-five watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under this Chapter and subject to the following conditions: 1. The location of any bandstand and the position of each loudspeaker shall be as specified by the Director so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. 2. Amplified sound shall not exceed ninety-five decibels (dba) at a point fifty feet in front of the center point of the distance between loudspeaker installations. B. Play or practice golf or use golf clubs in any area not designated for such use; C. Operate any motor driven model airplane except in areas designated for such use; D. Operate or park any motor vehicle as defined in the California Vehicle Code within a park except upon areas designated for such use; E. Operate, drive, or ride upon any bicycle, unicycle, tricycle, horse or any other animal in any park except in areas designated and posted specifically for such use; F. Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacle provided therefor; G. Use or attempt to use or interfere with the use of any table, space of facility which at the time is reserved for any other person or group which has received a permit from the Director for the use thereof; H. Discharge or shoot any firearm, air gun, slingshot, or bow and arrow except at places designated and posted specifically for such purposes; I. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof except a duly authorized City employee in the performance of his duty; J. Remove any wood, turf, grass, soil, rock, sand or gravel from any park except a duly authorized City employee in the performance of his duty; K. Cut, break, deface, or disturb any rock, building, cage, pen, monument, sign, fence, structure, apparatus, equipment or property except a duly authorized City employee in the performance of his duty; L. Light or maintain any fire unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose; M. Throw rocks and waste matter in unauthorized places; N. Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or pool unless wading or bathing are allowed in designated streams or pools or portions thereof; O. Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or birds; or destroy, remove or disturb any of the young or eggs of same, or to injure or maltreat any domestic or other animals; P. Camp, lodge or tarry overnight unless there are set aside certain places for this purpose; the provisions of Section 12.68.020 regulating loitering and tarrying in any public park is adopted by reference;       Packet Pg. 193 Q. Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly or offensive person shall be allowed within the park; the provisions of Chapter 9.32 prohibiting any person from drinking alcoholic beverages in a public place is adopted by reference; R. Roller skate or bicycle upon tennis courts in any public park within the City; and S. Enter any toilet facility designated for the use of female persons within any public park or go into the vault of or be within such toilet facility, excepting therefrom females, boys under the age of six years, and park employees while acting within the scope of their duties of cleaning or repairing the toilets; or cut, deface, or make any writing or marking on, the walls of any toilet facility or structure within any public park. T. 1. Skateboard or inline skate at a City-owned skateboard park without wearing a helmet, elbow pads, and knee pads; 2. use this facility for skateboarding or inline skating if under the age of fourteen (14) years without being supervised by an adult; 3. use any other equipment other than skateboards or inline skates at this facility; 4. skateboard or inline skate during rain or wet conditions at this facility; and/or, 5. if not an adult supervising someone under the age of fourteen (14) years, enter (by passing through the entrance/fence) or remain in the skateboard park while not actively skating at all times. U. To Smoke or engage in the act of Smoking in any Public Park in violation of San Bernardino Municipal Code Section 8.73.050 (Ord. MC-1319, 11-16-09; Ord. MC-1180, 9-09-04; Ord. MC-1171, 4-06-04; Ord. MC-1170, 3-18-04; Ord. MC-460, 5-15-85; Ord. 3643, 5-25-77; Ord. 3326, 1-03-73) 12.80.140 Violation - Penalty Any person, firm or corporation violating or causing the violation of any provision of this Chapter is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section I.12.010 of this Code. (Ord. MC-460, 5-15-85; Ord. 3326, 1-03-73)       Packet Pg. 194 1 4 5 5 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Department:City Manager's Office Subject:Quality of Life – Prohibiting Storage of Personal Property in Public Areas (All Wards)       Packet Pg. 195 Quality of Life Discussion on Prohibiting Storage of Personal Property in Public Areas Presented by: Edelia Eveland, Assistant City Manager       Packet Pg. 196 Key Elements Overview Intent of the Discussion Main Provisions Recommendation Key Elements• Regulation of Property in Public Areas• Pre- and Post- Removal Notices• Three Categories of Property Removal •       Packet Pg. 197 Intent of the Discussion Purpose •Establish a legally defensible framework in the Municipal Code allowing for the impounding and discarding of property that interferes with the public’s usage of City facilities, streets, and parks. o Property includes goods, materials, tents, bedding, sheds, furniture, appliances, backpacks, and other personal items. •Codifies a clearly defined removal process with clear guidelines.       Packet Pg. 198 Main Provisions Key Elements •Defines “trash” and “junk,” which can be immediately discarded. •Defines “excess” property as that which cannot fit in a 60-gallon container (lid closed). •Excess property and unattended property can be removed and impounded with notice. •Clarifies that no notice is required to move property that impedes City operations. •Allows for the immediate removal and impounding of property that: o Creates a Health & Safety risk. o Impedes ADA access, public right-of-way. o Obstructs driveways, entrances, and fire equipment. o Is left in a public area after a posted closure time. •Parks with posted closure times can be immediately cleaned. •Moving property from one public area to another is not considered removing. •Establishes a process for owners to reclaim their property.       Packet Pg. 199 Main Provisions Regulation of Private Property in Public Areas •Establishes three (3) general categories: •When property can be impounded with prior notice . •When property can be impounded without prior notice . •When property can be discarded without prior notice . •Impounded personal property: •Stored at a City facility for 90 days. •Available for repossession by the owner. •Discarded after 90 days if not claimed. •Notices •Must be posted in a conspicuous location. •Pre-Removal notices posted no earlier than 72h prior. •All removals require a Post-Removal notice.       Packet Pg. 200 Main Provisions Three Categories of Property Removal Impound with Prior Notice Impound without Prior Notice Discard without Prior Notice Unattended Property ADA Obstruction Health & Safety Threat Excess Property Right-of-Way Obstruction Criminal Evidence or Contraband (as permissible by law) Obstructs City Operations (can be moved temporarily without notice)Within 10’ of a Driveway Trash and Junk Obstructs a Permitted Activity (can be moved temporarily without notice)Within 5’ of a Building Entrance Within 2’ of a Fire Hydrant/Plug Stored Past Posted Closure Time       Packet Pg. 201 Pre-Removal Notice Information Post-Removal Notice Information General description of property General description of property Description of location Date and time of removal Date and time of posting Statement of violation Statement of violation Impounding facility contact information Statement of impounding if not removed within 24h Statement of discarding after 90 days if not claimed Impounding facility contact information Main Provisions Notice Elements       Packet Pg. 202 Recommendations Staff will recommend at a future meeting the follow actions: 1.An Ordinance prohibiting the storage of Personal Property in Public Areas. Request For Funding FY 2023/24 Future None N/A N/A       Packet Pg. 203 Questions?       Packet Pg. 204 Chapter 12.98 CAMPING ON PUBLIC STREETS AND PARKS Sections 12.98.010 Purpose 12.98.020 Definitions 12.98.030 Unlawful camping 12.98.040 Storage of personal property in public places 12.98.010 Purpose The public streets and areas within the City of San Bernardino should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for the purposes for which they were intended. The purpose of this Chapter is to maintain public streets and areas within the City of San Bernardino in a clean and accessible condition. (Ord. MC-945, 6-20-95) 12.98.020 Definitions Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter. (a) "Camp" means to pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. (b) "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters. (c) "Camp paraphernalia" includes, but is not limited to tarpaulins, cots, beds, sleeping bags, hammocks or non-City designated cooking facilities and similar equipment. (d) "Park" means the same as defined in Section 12.80.020 of this Code. (e) "Store" means to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location. (f) "Street" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular and/or pedestrian travel. "Street" includes highways. (Ord. MC-945, 6-20-95) 12.98.030 Unlawful camping It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided: (a) any street; (b) any public parking lot or public area, improved or unimproved; (c) any park. (Ord. MC-945, 6-20-95) 12.98.040 Storage of personal property in public places It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided: (a) any street; (b) any public parking lot or public area, improved or unimproved; (c) any park. (Ord. MC-945, 6-20-95)       Packet Pg. 205 1 4 5 0 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely Department:City Manager's Office Subject:One Stop Shop Update (All Wards)       Packet Pg. 206 One Stop Shop Update Presented by: William Lampi, Management Analyst, City Manager’s Office       Packet Pg. 207 One Stop Shop Update Background Current Situation• One Stop Shop• Current Progress Key Milestones• Physical Space Design• New Permit & Plan Check Software• Recommendations Community Outreach• Additional Staffing Considerations•       Packet Pg. 208 Background Current Situation •Decentralized Locations o Multiple locations is inconvenient for customers. o Creates communication hurdles & confusion. o No collective ownership over permitting process. •Outdated Technology o No online applications for customers. o No digital plan check software. o Requires staff to duplicate work. o Not compatible with Windows 10 or 11.       Packet Pg. 209 Background One Stop Shop •What is a “One Stop Shop”? o Centralizes all major permitting counters. o Includes both physical and virtual access. •Divisions and Departments o Building & Safety o Planning Division o Public Works o Business Registration o Water Department (kiosk) o Fire Department (kiosk)       Packet Pg. 210 Background One Stop Shop •Enhancements o Makes the permitting process more convenient. o Provides better communication to customers. o Improves plan check coordination & turnaround time. o Reduces waiting times. •Prior Council Action o 6/30/2021 – Approved the One Stop Shop project. o 5/4/2022 – Approved a Professional Services Agreement with Client First to conduct a software needs assessment and ERP consulting service. o 6/1/2022 – Approved $400,000 for the One Stop Shop in the Capital Improvement Program 2023-2027.       Packet Pg. 211 Current Progress Completed Milestones •Task Force Kickoff Meeting February 21, 2023 •One Stop Shop Site Visits March 30, 2023 •Developer Townhall April 25, 2023 •Community Townhall April 26, 2023 •Physical Space Design Meeting with Architect May 31, 2023 In Progress & Upcoming •Feedback Survey Analysis via Water Bill Insert June 2023 •Physical Space Design Review and Feedback July 2023 •Neighborhood Association Meetings July 2023 (Wildwood, NENA, Muscupiabe, Norpac)       Packet Pg. 212 Community Outreach Feedback Received •Permit counter locations are scattered / confusing. •Difficulty getting all the information required in one stop. •Customers get the run-around / difficult to resolve problems. •Can’t submit a permit application online. •Process is too complicated. •Physical space isn’t very inviting. •Long wait times.       Packet Pg. 213 Physical Space Design Boardroom Existing Permit Counter Conceptual One Stop Shop       Packet Pg. 214 New Permit & Plan Check Software Online Applications Modern Software       Packet Pg. 215 Additional Staffing Considerations Community & Developer Ombudsperson •Advocate for community members and developers. •Coordinates with various Departments / Divisions. •Works to resolve problems or complaints. •Makes interactions as trouble-free as possible. Senior Customer Service Representative •Initial point of contact and assistance for customers. •Schedules customers in the One Stop Shop queue. •Assists in answering phones & email inquiries.       Packet Pg. 216 Staff will recommend at a future meeting the follow actions: 1.Approve the creation and addition of one (1) Community & Developer Ombudsperson position and direct staff to return to the Council with a job description and salary schedule. 2.Approve the addition of one (1) Senior Customer Service Representative (Bilingual) for the One Stop Shop. 3.A recommendation for the construction of the One Stop Shop. Request For Funding FY 2023/24 Future (1)Ombudsperson $138,122 Ongoing (1) Bilingual Senior Customer Service Representative $95,987 Ongoing One Stop Shop Construction $400,000 est.N/A Recommendations       Packet Pg. 217 Questions?       Packet Pg. 218 Priority •6 1 CDBG, Cult Development, Donation Fund •1 1 Public Use Facility •1 1 CDBG •1 1 Measure S •1 1 Measure S •1 1 Measure S •7 2 Library Facility •1 2 Library Facility •2 1 Cultural Development Fund •1 1 Public Use Facility •1 1 Public Use Facility •1 1 Law Enforcement Facility •1 1 Law Enforcement Facility •1 1 Public Use Facility •1 1 Grant •6 1 CDBG, ARP, Liability Insurance Fund •4 1 AB 1600 Parkland •7 1 AB 1600 Parkland •1 1 Measure S •2 1 Cultural Development Fund •1 1 ARP •ALL 1 Measure S •4 2 Measure S •1 1 Measure S •ALL 1 Measure S •2 1 Measure S •1 1 ARP •1 1 Donations Fund •3 1 ARP •1 2 ARP •2 2 Measure S •2 2 ARP •ALL 2 Aquatics Facilities •1 2 AB 1600 Parkland •2 1 Measure S •All 1 Cultural Development Fund •All 1 Measure S •1 1 ARP (County) •ALL 1 Storm Drain Construction Fund •6 1 Storm Drain Construction Fund •4 1 Storm Drain Construction Fund •ALL 1 Storm Drain Construction Fund •7 1 Storm Drain Construction Fund •1,3 1 Regional Circulation •4 1 Regional Circulation •5,6 1 Measure I •1,6 1 Regional Circulation -$ -$ -$ State St Extension Planning 3,464,495$ 2,000,000$ -$ -$ University Parkway Improvements Design 1,252,783$ 749,272$ 501,057$ -$ -$ -$ -$ -$ 40th St Widening Johnson to Electric Design 1,762,071$ -$ 2,000,000$ -$ -$ -$ -$ -$ Mt Vernon Bridge Replacement Construction 195,100$ 1,425,000$ 1,225,000$ 750,000$ Sierra Way Storm Drain*Planning -$ 2,500,000$ -$ -$ Citywide Storm drain Trash Capture Devices - TMDLS-Track 1 Design 234,895$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ -$ -$ Conejo Between 39th St and 40th St Planning 500,000$ 500,000$ -$ -$ -$ 500,000$ 500,000$ 500,000$ Mt Vernon Storm Drain Design 3,148,368$ 3,000,000$ -$ -$ Storm Drain Upgrade SD 19-002 Construction 868,995$ 500,000$ 500,000$ -$ Guadalupe Field Upgrades*Planning -$ 995,000$ -$ -$ -$ -$ -$ -$ Parks Master Plan (Measure S)*Planning -$ -$ 750,000$ -$ -$ -$ -$ -$ Parks Master Plan (Cultural Development Fund)*Planning -$ 350,000$ -$ -$ Renovation of Skate Park at Speicher Park*Planning -$ 650,000$ -$ -$ Bobby Vega Park Improvement*Planning -$ 250,000$ -$ -$ -$ -$ -$ -$ Pool Filtration Systems Improvements*Planning -$ -$ 400,000$ 400,000$ 400,000$ -$ -$ -$ Jerry Lewis Swim Center Improvements*Planning -$ -$ 500,000$ 750,000$ Perris Hill Senior Center Renovation*Planning -$ 400,000$ -$ -$ Norton Gym Pickleball Courts*Planning -$ -$ 1,200,000$ -$ -$ -$ -$ -$ Lytle Creek Parking Lot/Soccer Field Planning 600,000$ -$ -$ -$ -$ Seccombe Lake Park Improvements (Donations Fund)Planning 1,000,000$ -$ -$ -$ -$ Seccombe Lake Park Improvements (ARP)Planning 9,000,000$ -$ -$ -$ -$ -$ -$ -$ Ball Field Accessory Building Upgrade Design 2,000,000$ -$ -$ -$ -$ 1,000,000$ 1,000,000$ 1,000,000$ Hernandez Community Center Fencing Construction 250,000$ -$ -$ -$ Baseball/Softball Field Phase 1 Design 1,000,000$ -$ -$ 1,000,000$ Wildwood Park Improvements Design 600,000$ -$ -$ -$ -$ -$ -$ -$ Citywide Park Restroom Renovations Design 1,000,000$ -$ -$ 1,000,000$ 1,000,000$ -$ -$ -$ Roosevelt Bowl Renovation Design 600,000$ -$ -$ -$ Perris Hill YMCA Parking Lot Improvements Design 200,000$ -$ -$ -$ Pioneer Cemetery Improvements Construction 226,264$ -$ -$ -$ -$ -$ -$ -$ Speicher Park Field Lighting Design 213,647$ -$ -$ -$ -$ -$ -$ -$ Newmark Ball Field Lighting Systems Design 545,210$ -$ -$ -$ Nicholson Neighborhood Park Improvements Design 9,815,043$ -$ -$ -$ -$ California Theater Improvements Planning 2,500,000$ -$ -$ -$ -$ -$ -$ -$ -$ One Stop Permitting Center*Planning -$ 400,000$ -$ -$ Police Building Management System*Planning -$ 350,000$ -$ -$ Police Locker Room Renovation*Planning -$ 500,000$ -$ -$ -$ -$ -$ -$ AC Unit Replacements Regal Theater*Planning -$ 200,000$ -$ -$ -$ -$ -$ -$ City Hall Server Room Improvements*Planning -$ 200,000$ -$ -$ Perris Hill Senior Center Roof Replacement*Planning -$ 250,000$ -$ -$ Feldheym Improvements*Planning -$ 150,000$ 400,000$ -$ -$ -$ -$ -$ ADA Restrooms Rowe Library Design 338,233$ -$ -$ -$ -$ 3,500,000$ -$ -$ New Animal Shelter Design 338,233$ -$ -$ -$ Ruben Campos Demolition Deleted 625,000$ -$ -$ -$ 5th St Senior Center Kitchen Phase 2 Design 250,000$ -$ -$ -$ -$ -$ -$ -$ Citywide Community Center Improvements Design 815,008$ -$ -$ -$ -$ -$ -$ -$ Paul Villasenor Library Parking Lot & Roof Construction 227,600$ -$ -$ -$ Encanto Community Center Improvements Design 2,969,026$ -$ -$ Estimated Remaining Funding to Carryover Planning Fiscal Years 2023-2027 Funding Source FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 City of San Bernardino Capital Improvement Plan (CIP) Investing in the Future of San Bernardino Capital Improvement Plan StreetsStorm DrainsParksBuildingsTraffic ControlOtherWardProject Status       Packet Pg. 219 Priority Estimated Remaining Funding to Carryover Planning Fiscal Years 2023-2027 Funding Source FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 City of San Bernardino Capital Improvement Plan (CIP) Capital Improvement Plan StreetsStorm DrainsParksBuildingsTraffic ControlOtherWardProject Status •4 1 Regional Circulation •4 1 Regional Circulation •1,4 1 Measure I •ALL 1 Measure S •ALL 1 Measure S •ALL 1 SB1 •ALL 1 SB1 •ALL 1 Measure I •ALL 1 Measure S •3, 6 1 Measure I •1,2,3,6 &7 1 Measure I •1,4,7 1 CDBG •4,5,7 2 Measure S •2 2 Measure S •2 2 Measure S •2 2 Measure S •2 2 Measure S •7 2 Measure S •7 2 Measure S •ALL 1 Measure I •ALL 1 Grant •1,3,4 1 CDBG •All 1 Measure S •ALL 1 Local Circulation •ALL 1 Local Circulation •ALL 1 HSIP Grant •ALL 1 HSIP Grant •ALL 2 Measure S •2 1 Measure S •7 2 Measure S •4 2 Measure S •ALL 1 Grant •ALL 1 Measure I •3 1 Integrated Waste Management Fund 4,050,000$ 3,650,000$ -$ -$ -$ * NEW PROJECT 82,737,199$ 42,120,044$ 9,876,057$ 10,050,000$ Waterman Landfill Vapor Extraction System Improvements Planning 4,438,546$ -$ -$ -$ -$ Citywide Bus Stop Improvements Project (Measure I Grant Match)Planning 10,200$ -$ -$ -$ -$ -$ Citywide Bus Stop Improvements Project Planning 50,800$ -$ -$ -$ -$ Ralston Circuit Lighting Design 365,155$ -$ -$ -$ -$ -$ -$ -$ Genevieve Circuit Lighting Design 369,565$ -$ -$ -$ -$ -$ -$ -$ Street Light Improvements E St. Baseline-Highland Construction 749,278$ -$ -$ -$ Citywide Street Lighting Upgrades Construction 741,068$ -$ -$ -$ Advanced Dilemma Zone Detection Design 2,072,405$ 3,000,000$ -$ -$ -$ -$ -$ -$ Signal Hardware Upgrade Construction 1,059,959$ 1,588,000$ -$ -$ -$ -$ -$ -$ Traffic Signal B/U TC-B Construction 9,674$ 50,000$ -$ -$ Traffic Management Center SS17-003 Construction 14,420$ 40,000$ -$ -$ Street Sweeping Signage Program Planning -$ 2,000,000$ -$ -$ -$ -$ -$ -$ Pavement Rehabilitation Project:Planning -$ 1,600,000$ -$ -$ -$ -$ -$ -$ Alley Rehabilitation (Clean California Local Grant) *Planning -$ 722,772$ -$ -$ New Pavement Management Program*Planning -$ 1,000,000$ -$ -$ Arden Street (By Soccer Field)Construction 244,273$ -$ -$ -$ -$ -$ -$ -$ Cedar Street from Highland to 29th Construction 749,273$ -$ -$ -$ -$ -$ -$ -$ Trenton from Crestview to Valencia Construction 244,272$ -$ -$ -$ Hillside and Fairfax repaving Construction 499,966$ -$ -$ -$ Virginia St from E to F/G to H Construction 209,273$ -$ -$ -$ -$ -$ -$ -$ Congress Street from Mt Vernon to K St Construction 324,272$ -$ -$ -$ -$ -$ -$ -$ Raised Median Kendall Dr from E St to H St Design 912,606$ -$ -$ -$ Street Rehabilitation CDBG Construction 357,238$ -$ -$ -$ Street Rehabilitation County Partner Design 371,000$ 1,000,000$ -$ -$ -$ -$ -$ -$ Pepper Ave Rehabilitation Design 1,009,334$ 7,500,000$ -$ -$ -$ 1,000,000$ 1,000,000$ 1,000,000$ Citywide Pavement Rejuvenation Slurry/Crack Seal - (Measure S)Design -$ -$ 1,250,000$ -$ Citywide Pavement Rejuvenation Slurry/Crack Seal - (Measure I)Design 1,050,824$ 1,000,000$ 1,000,000$ -$ Citywide Street Rehab - (SB1)*Planning -$ 5,000,000$ -$ -$ -$ -$ -$ -$ Citywide Street Rehab - (SB1)Planning 4,107,292$ -$ -$ -$ -$ -$ -$ -$ Citywide Street Rehab - (Measure S)*Planning -$ 2,000,000$ -$ 1,000,000$ Citywide Street Rehab - (Measure S)Planning 12,526,504$ -$ -$ -$ CO OP City of Highland SS19-002 Construction 752,511$ 100,000$ -$ -$ -$ -$ -$ -$ 2nd St Bridge Replacement Construction 1,038,582$ -$ -$ -$ -$ H St Kendall to 40th Widening Design 1,918,938$ -$ -$ -$       Packet Pg. 220 1 4 4 9 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Infrastructure Master Plan       Packet Pg. 221 Infrastructure Master Plan Presented by: Daniel Hernandez, Public Works Dept. Director Susan Pan, Acting City Engineer Public Works Department June 30, 2023       Packet Pg. 222 Infrastructure Master Plan •Infrastructure Master Plan •Background •Current Plans •Plans in Progress •Recommendations •City Hall Building •Background •Previous Studies and Findings •Timeline •Recommendations Presentation Overview       Packet Pg. 223 Infrastructure Master Plan Elements •Components include parks, Street pavement , bridges, buildings, and storm drains. Purpose •The Master Plan is used to assess existing conditions, establish criteria for prioritization, and develop new capital projects, cost estimates, and delivery schedule . •The Master Plan provides a roadmap to use public funds for infrastructure planning and programming. •Ties in the City’s Capital Improvement Program. Infrastructure Master Plan - Background       Packet Pg. 224 Infrastructure Master Plan Infrastructure Master PlanBridge Master Plan Parks Master Plan Pavement Master Plan Storm Drain Master Plan Buildings Master Plan Capital Improvement Program       Packet Pg. 225 Infrastructure Master Plan •Systematic Safety Analysis Report Program (SSARP) •Traffic Study Developed in 2018. •$10 million grant award for two projects in construction. •Traffic Signal Upgrade •Pedestrian Signal Upgrade •Local Roadway Safety Plan (LRSP) •Required for future Highway Safety Improvement Plan and grant funding •Funds traffic safety improvements •Adopted by City Council 3/2023       Packet Pg. 226 Infrastructure Master Plan •Street Lighting Plan •Adopted by City Council 8/2019. •CIP project to replace incandescent with LED fixtures. •Current Progress •Phase 1 is completed; •Phase 2 in construction; •Phases 3 and 4 in planning and will require an additional $500,000; •Applied for $250,000 of Energy Efficiency and Conservation Block Grant.       Packet Pg. 227 Plans in Progress Parks Master Plan: •Community Outreach •Inventory and Assess Existing Parks and Facilities •Conduct Public Outreach, Assess Needs, Develop Priorities •Prepare CIP and Budget Estimate       Packet Pg. 228 Plans in Progress 1.Pavement Management Plan: •Existing pavement management system last surveyed in 2018. •Request for Proposal to be issued in September 2023. 2.Curb and Sidewalk Management Plan •Request for Proposal to be issued in September 2023.       Packet Pg. 229 •Designed in 1963 by Architect Cesar Pelli. •Construction began in 1960s and completed in 1972. •City staff moved out of the building in May 2017 due to seismic structural and hazardous material issues. City Hall       Packet Pg. 230 Previous Studies and Findings •Seismic Performance Assessment by IDS Group in December 2015. •Facility Condition Assessment by Z&K Consultant/ Cannon Consultant in June 2019. •Estimated cost for deferred maintenance deficiencies was $38 million. •Estimated building retrofit cost was $57 million.       Packet Pg. 231 City Hall Retrofit and Renovation •Cost estimate up to $80 million •Requires structural retrofit, hazardous material abatement, all new plumbing, mechanical, fire protection, electrical, communication, and security. Project Schedule •Planning: 12 months •Design phase: 15 months •Bidding and award: 3 months •Construction Phase: approx. 18 months. •Total Project duration 4 years.       Packet Pg. 232 Infrastructure Plans 1.ADA Compliant Transitional Plan ($2 million) •Including Facilities, Public Right-of-Way, Parks, and Programs. 2.Storm Drain Systems Master Plan ($1 million) •Prepare regional drainage studies by watersheds. •Hydraulic modeling program of City’s storm drain systems. 3.Bridge Management Plan ($500k) •Caltrans bridge inspection program •Prepare bridge Inventory and develop program for repair, rehab, and replacement. 4.Facility/Building Management Plan ($1 million)       Packet Pg. 233 New Requests For Funding FY 2023/24 Future City Hall Prelim Engineering & Space Study $300,000 est.N/A Bridge Management Plan $500,000 est.N/A ADA Master Plan (Phase 1)$500,000 est.N/A ADA Master Plan (Future Phases)N/A $1,500,000 est. Storm Drain System Master Plan N/A $1,000,000 est. Facility/Building Management Plan N/A $1,000,000 est. Staff will recommend at a future meeting the follow actions: 1.A recommendation to appropriate funds for the following plans: a.City Hall Preliminary Engineering and Space Study Plan b.Bridge Management Plan c.ADA Master Plan (Phase 1) d.ADA Master Plan (Future Phases) e.Storm Drain System Master Plan f.Facility/Building Management Plan Infrastructure Master Plan Recommendations       Packet Pg. 234 Closing Slide       Packet Pg. 235 1 4 5 9 PRESENTATION City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Department:City Manager's Office Subject:Legislative Affairs (All Wards)       Packet Pg. 236 Legislative Affairs City Manager Presented by: Cory Hodges, Senior Management Analyst Jeff Kraus Public Information Officer       Packet Pg. 237 Overview Legislative Platform and Policies Legislative Advocacy Firms City Staff to Accomplish Goals Recommendations Legislative Calendar       Packet Pg. 238 Legislative Calendar Staff proposes the following calendar to draft and implement an annual legislative strategy: August - November November - December 1.Identify approved projects in the CIP or programmatic needs that have legislator appeal, align with State or Federal priorities, or fill a regional need. 2.Identify any needed legislation that will benefit the City or key stakeholders. 1.Mayor and Council meet with City’s State and Federal advocacy firms. 2.Council adopts the legislative platform. 3.Meet with key legislators to propose legislation 4.Work with Grants team to identify and pursue allocations in new Federal Budget (if adopted). January - February 1. Prepare and submit budgetary requests to State delegation, Congress, and Senate. March - June 1. Advocate for funding and for/against key legislation at State level. Other key annual tasks include: meetings with the legislators and their staff; advocacy trips to Sacramento and Washington D.C.       Packet Pg. 239 Legislative Platform and Policies Purpose •Allows for an annual legislative platform to be adopted by the Mayor and City Council consisting of positions the City holds on key legislative or regulatory issues. •Authorizes City staff to quickly respond to legislative or regulatory proposals that might impact City operations, policies, or its residents at the state and Federal levels if it aligns with a position/issue in the platform.       Packet Pg. 240 Current Legislative Platform Housing and Economic Development •Affordable Housing •Transit Oriented Development (TOD) •Economic Development Homelessness •Transitional and Permanent Supportive Housing Quality of Life •Library Services •Public Safety and Emergency Response •Commercial Cannabis Transportation and City Infrastructure •Highways •Street and Roads •Storm Water Infrastructure •Public Facilities •Parks and Open Spaces •Broadband •Green Infrastructure Access to Higher Education •Higher Education Resources Sales and Use Tax •Local Tax Revenue       Packet Pg. 241 Legislative Platform Staff is recommending the Council make additions to the City’s Legislative Platform on the following issues: •Animal Services and Welfare •Tribal Sovereignty •Fentanyl/Illegal Drugs •Additional Issues Related to Homelessness •Fair share funding similar to the “Big 13” cities. •Other topics of importance to the Mayor and City Council.       Packet Pg. 242 Legislative Advocacy •Advocate for/against proposed legislation with Capitol staff. •Analyze proposed and passed legislation and its impact on the City. •Analyze the budget and signed legislation to identify funding opportunities. •Use relationships to engage legislators outside of our local delegation. •Assist in crafting legislation that would benefit San Bernardino and identify legislators to sponsor the bill. •Assist in determining priorities and funding thresholds for legislator directed funding (earmarks). •Coordinate Capitol visits, including agency meetings. An advocacy firm provides valuable services that could benefit the City of San Bernardino.       Packet Pg. 243 Government Relations Staff •Serve as the principal liaison with the City’s Advocacy Firms, State/Federal legislative staff, and other public agencies. •Monitor agendas, proposals and issues before the County, regional legislative bodies, and quasi-governmental agencies. •Provide updates and analysis to the Mayor, Council, and City Leadership. •Prepare and submit state and Federal funding requests. •Develop the annual legislative platform in consultation with the Mayor, Council, and staff. •Prepare letters of support/opposition on legislation based upon the Council’s Legislative Platform. •Coordinate Mayor and Council testimony opportunities before legislative committees. Legislative & Government Affairs Manager       Packet Pg. 244 Staff will recommend at a future meeting the follow actions: 1.Direction for staff to identify and prepare for Council approval a list of potential projects for upcoming State/Federal Funding cycles. 2.Direction for staff to update the Legislative Platform to expand the homelessness platform, and include Animal Services, Funding Equities, Fentanyl and other Illegal Drugs, and Tribal Sovereignty. 3.Approve an allocation of $125,000 for a Federal Advocacy Firm. 4.Approve an allocation of $125,000 for a State Advocacy Firm. 5.Approve the creation and addition of one (1) Legislative & Government Affairs Manager position and direction to return to the Council with a job description and salary schedule. Legislative Affairs Recommendations New Requests For Funding FY 2023/24 Future Federal Advocacy Firm $125,000 Ongoing State Advocacy Firm $125,000 Ongoing (1) Legislative & Government Affairs Manager $173,873 Ongoing       Packet Pg. 245 Questions?       Packet Pg. 246 Legislative Affairs City Manager Presented by: Cory Hodges, Senior Management Analyst Jeff Kraus Public Information Officer       Packet Pg. 247 Overview Legislative Platform and Policies Legislative Advocacy Firms City Staff to Accomplish Goals Recommendations Legislative Calendar       Packet Pg. 248 Legislative Calendar Staff proposes the following calendar to draft and implement an annual legislative strategy: August - November November - December 1.Identify approved projects in the CIP or programmatic needs that have legislator appeal, align with State or Federal priorities, or fill a regional need. 2.Identify any needed legislation that will benefit the City or key stakeholders. 1.Mayor and Council meet with City’s State and Federal advocacy firms. 2.Council adopts the legislative platform. 3.Meet with key legislators to propose legislation 4.Work with Grants team to identify and pursue allocations in new Federal Budget (if adopted). January - February 1. Prepare and submit budgetary requests to State delegation, Congress, and Senate. March - June 1. Advocate for funding and for/against key legislation at State level. Other key annual tasks include: meetings with the legislators and their staff; advocacy trips to Sacramento and Washington D.C.       Packet Pg. 249 Legislative Platform and Policies Purpose •Allows for an annual legislative platform to be adopted by the Mayor and City Council consisting of positions the City holds on key legislative or regulatory issues. •Authorizes City staff to quickly respond to legislative or regulatory proposals that might impact City operations, policies, or its residents at the state and Federal levels if it aligns with a position/issue in the platform.       Packet Pg. 250 Current Legislative Platform Housing and Economic Development •Affordable Housing •Transit Oriented Development (TOD) •Economic Development Homelessness •Transitional and Permanent Supportive Housing Quality of Life •Library Services •Public Safety and Emergency Response •Commercial Cannabis Transportation and City Infrastructure •Highways •Street and Roads •Storm Water Infrastructure •Public Facilities •Parks and Open Spaces •Broadband •Green Infrastructure Access to Higher Education •Higher Education Resources Sales and Use Tax •Local Tax Revenue       Packet Pg. 251 Legislative Platform Staff is recommending the Council make additions to the City’s Legislative Platform on the following issues: •Animal Services and Welfare •Tribal Sovereignty •Fentanyl/Illegal Drugs •Additional Issues Related to Homelessness •Fair share funding similar to the “Big 13” cities. •Other topics of importance to the Mayor and City Council.       Packet Pg. 252 Legislative Advocacy •Advocate for/against proposed legislation with Capitol staff. •Analyze proposed and passed legislation and its impact on the City. •Analyze the budget and signed legislation to identify funding opportunities. •Use relationships to engage legislators outside of our local delegation. •Assist in crafting legislation that would benefit San Bernardino and identify legislators to sponsor the bill. •Assist in determining priorities and funding thresholds for legislator directed funding (earmarks). •Coordinate Capitol visits, including agency meetings. An advocacy firm provides valuable services that could benefit the City of San Bernardino.       Packet Pg. 253 Government Relations Staff •Serve as the principal liaison with the City’s Advocacy Firms, State/Federal legislative staff, and other public agencies. •Monitor agendas, proposals and issues before the County, regional legislative bodies, and quasi-governmental agencies. •Provide updates and analysis to the Mayor, Council, and City Leadership. •Prepare and submit state and Federal funding requests. •Develop the annual legislative platform in consultation with the Mayor, Council, and staff. •Prepare letters of support/opposition on legislation based upon the Council’s Legislative Platform. •Coordinate Mayor and Council testimony opportunities before legislative committees. Legislative & Government Affairs Manager       Packet Pg. 254 It is recommended that the Mayor and City Council: 1.Direct staff to identify and prepare for Council approval a list of potential projects for upcoming State/Federal Funding cycles. 2.Direct staff to update the Legislative Platform to expand the homelessness platform, and include Animal Services, Funding Equities, Fentanyl and other Illegal Drugs, and Tribal Sovereignty. 3.Approve an allocation of $125,000 for a Federal Advocacy Firm. 4.Approve an allocation of $125,000 for a State Advocacy Firm. 5.Approve the creation and addition of one (1) Legislative & Government Affairs Manager position and direct staff to return to the Council with a job description and salary schedule. Legislative Affairs Recommendations New Requests For Funding FY 2023/24 Future Federal Advocacy Firm $125,000 Ongoing State Advocacy Firm $125,000 Ongoing (1) Legislative & Government Affairs Manager $173,873 Ongoing       Packet Pg. 255 Questions?       Packet Pg. 256 1 4 5 7 PRESENTATIONS City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Economic Development Workshop       Packet Pg. 257 Economic Development Workshop June 30, 2023 Presented by: Charles E. McNeely, Interim City Manager;  Amanda Hernandez, Economic Development Division Manager       Packet Pg. 258 What is Economic Development?  Why is Downtown Important?  Sample City Revitalizations and Programs San Bernardino Investment Playbook Development Opportunities Proposed Programs Economic Development Team Public-Private Partnerships   Recommendations Agenda       Packet Pg. 259 What is Economic Development?       Packet Pg. 260 Why is Downtown Important?       Packet Pg. 261 Incubator •Small Businesses •Non-Profits Independence •Non-Chain or Big Box •Center for creative businesses Employment • Government Employee Center • Opportunity for surrounding workforce Property Value  (PV) •Increases PV in downtown core •Increases and protects PV of surrounding areas Economic  Development  Perspective  Why is Downtown Important?       Packet Pg. 262 Economic  Health •Symbol of the community’s economic health Heart of the  Community •The site for government, arts, churches, and historic  buildings •Essential to create a sense of place Tourism •Can be a tourist attraction and is the location of a  community’s unique businesses and buildings •Gathering place for travelers and visitors Community  Development  Perspective  Why is Downtown Important?       Packet Pg. 263 Why is Downtown Important?       Packet Pg. 264 Why is Downtown Important? Though Redland's  downtown is small, it has  6.5 times the property and  retail tax production  compared with the City's  largest shopping center  development.       Packet Pg. 265 Successful Downtown Revitalizations Santa Ana       Packet Pg. 266 Pomona Successful Downtown Revitalizations       Packet Pg. 267 Successful Downtown Revitalizations Riverside       Packet Pg. 268 Sample Revitalization Programs City of Glendale Artsakh Creative Retail Pop -Up Program       Packet Pg. 269 City of  Pomona Business Improvement​ District Sample Revitalization Programs       Packet Pg. 270 Business Improvement Districts Sample Revitalization Programs       Packet Pg. 271 City of  Corona Business Liaison Program Sample Revitalization Programs       Packet Pg. 272 City of  San Jose Sample Revitalization Programs       Packet Pg. 273 •Claremont Farmers and Artisans  Market •Friday Nights Live in the Claremont  Village •Taste of Claremont •Village Venture Arts and Crafts Faire •Art Exhibitions •Claremont Art Walk •Annual Gala •Claremont Village Craft Beer Walk •Midsummer Shakespeare Festival •Poetry Festival •Claremont Symphony Orchestra •Claremont Public Art Program •Holiday festivals Over 1,100 guests attended the Taste of Claremont event in 2022. Sample Revitalization Programs Special Events       Packet Pg. 274 •Festival of Colors •Reno Jazz Festival •Strange Brew Festival •Food Truck Fridays •Reno River Festival •Craft Beer Festival •BBQ, Brews & Blues  Festival •Sierra Arts Festival CITY OF Sample Revitalization Programs Special Events •Reno Chalk Art & Music Festival •Artown Art Festival •Wing Fest •Hot August Nights •Water Lantern Festivals •Impalas Reno Super Show •Reno Tahoe International Art  Show •Art Belongs Here Grants  Program       Packet Pg. 275 •Mission Inn Hotel & Spa Festival of  Lights •Annual Riverside Tamale Festival •Riverside Greek Fest •Riverside Lunar Festival •Riverside Dickens Festival •Riverside Art and Musical Festival •Riverside Artswalk •Riverside Downtown Farmers Market •Public Art Riverside Micro Grant  Program Festival of Lights economic impact  estimated at $129M in total direct and  indirect impact* *Source: 2017-2018 Riverside Festival of Lights Economic Impact Final Report Sample Revitalization Programs Special Events       Packet Pg. 276 •Pop-Up Shops •Downtown Farmers  Market •Various Music  Festivals •Food & Wine  Festival •Fusebox Art and  Food Festival •Sunset Valley  ARTFEST •ArtWorks Festival •Spring Pecan Street  Festival •Springfest •Fall Pecan Street  Festival •Austin Film Festival •Austin Fashion Week •Austin Powwow •Art Bazaar •Austin Pub Crawl •Oktoberfest •Art in Public Places  Program The Fall and Spring Pecan Festivals each attract over 300,000 attendees annually. Sample Revitalization Programs Special Events       Packet Pg. 277 •Farmers Market •The Grand Prix of Long Beach •Cambodia Town Parade and  Festival •Juneteenth Celebration •Pride Festival and Parade •Marathon and Half Marathon Race •Harvest Festival •Scottish Festival •Sea Festival •African American Festival •Bayou Music Festival •BBQ Festival •West Coast Barbeque Festival •Comic and Horror Con Comic  Festival CITY OF Sample Revitalization Programs Special Events       Packet Pg. 278 Fiesta® San Antonio attracts over 3.5M people  annually.  Sample Revitalization Programs •Farmers Market •Fiesta® San Antonio •Folklife and Dance Festival •Ford Mariachi Festival •Fiesta Family Blues Festival •Fiesta de Animales •Viva Mexico Women’s Festival •SoFlo Urban Art and Craft Market •Luminaria Contemporary  Arts Festival •Tejano Conjunto Festival •Asian Festival •Pride River Parade and  Celebration •San Antonio Tango Festival •Wild West Wildlife Festival •UNITYFest •Coffee Festival •Mardi Gras Festival •Fiesta Primavera •St. Patrick’s Festival •Wine Fest •Public Art Program Special Events       Packet Pg. 279 •City of Glendale •Artsakh Creative Retail Pop-Up Program: business owners are able to apply for participation in a  City-sponsored program to secure free rent in a brick-and-mortar retail space  •City of Pomona •Business Improvement District: business owners in downtown Pomona created a business  improvement district to augment services and events in downtown •City of Corona •Business Liaison Program: businesses are able to connect with Corona Police Department to  address issues of illegal dumping, loitering, graffiti, and more •City of San Jose •Downtown-Specific Manager: the manager will take special care to downtown related  developments in order to increase the vitality of the heart of the city and city as a whole Sample Revitalization Programs       Packet Pg. 280 •City of Vista  •Façade Improvement Program: businesses in and near the downtown area can get up to $15k to  assist with interior design upgrades •City of Orange •Smart Project Review: The City of Orange provides coordinated inter-departmental  development review through its Staff Review Committee (SRC).  •City of Long Beach •Long Beach Accelerator: A public-private partnership with the Institute for Innovation and  Entrepreneurship at CSULB and Sunstone Management. The program is for early-stage tech- startups to successfully secure funding.  •City of Fresno •Revolving Loan Fund: business must be within Fresno City and does not have full project  financing from conventional lender. The fund must be used for inventory, capital, or equipment Sample Revitalization Programs       Packet Pg. 281 Questions?       Packet Pg. 282 Economic Development Connections SB Investment  Playbook Development  Opportunities Economic  Development  Programs Economic  Development  Team Public-Private  Partnerships       Packet Pg. 283 SB Investment Playbook Update       Packet Pg. 284 Investment Playbook Update City Manager Presented by: Cory Hodges, Senior Management Analyst         Packet Pg. 285 Investment Playbook Agenda Introduction Development Process & Capacity  Building Roles & Responsibilities Deliverables & Performance Indicators Projects & Prioritization Investment Playbook Implementation  Roadmap & Staff Recommendations       Packet Pg. 286 Investment Playbook •Economic development strategy •Coordinated action plan •Funding strategy •Marketing tool •Community collaboration An innovative way for cities to  approach transformative projects  outside the standard government  process. Introduction       Packet Pg. 287 •Extraordinary Potential &  Strengths •Underpopulated •Underinvested •Historic Buildings •Multimodal Transit Access •Inexpensive land •Market Momentum Introduction Why Downtown San Bernardino?       Packet Pg. 288 Investment Playbook  Development Over the course of the Summer of 2022,  stakeholders were interviewed, and Investment  Playbook proposals were developed: •40+ Stakeholders Interviews  •Legislative Research (IRA, CHIPS, ARPA, etc.) •Project Narratives Crafted •Feasibility & Project Cost Estimates Completed Playbook publicly released at the CSUSB White  House Economic Summit in November 2022 Development Process       Packet Pg. 289 The Nerve Center Operators will be  responsible for carrying out a variety of  activities including but not limited to: 1.Strategic Research & Analysis 2.Stakeholder Engagement 3.Project Coordination  4.Securing Funding 5.Leading a Stakeholder Executive  Committee 6.Managing a Project Submission  Portal Development Capacity Building (Nerve Center) Direct Fiscal Impact •$700,000 Measure S •Funding was approved  December 7, 2022 Indirect Fiscal Impact •Staff time •Other City resources       Packet Pg. 290 A Fiscal Agent could oversee certain funds  dedicated to City of San Bernardino Investment  Playbook projects including funds:  A.Allocated by the City directly B.Funds committed by outside agencies or  partners  C.Funds received from granting agencies for  proposed projects •Administrative, financial, and legal  responsibility for assigned Investment  Playbook funds. •Fiscal Agent’s normally charge a small  administrative fee from funds.  Development Capacity Building (Fiscal Agent)       Packet Pg. 291 Roles & Responsibilities Mayor and City  Council •Oversight •Advisory •Advocacy City Staff •Direction •Technical  Assistance Community •Ideas •Collaboration •Feedback Nerve Center •Project  Coordination •Stakeholder  Engagement •Secure Funding Fiscal Agent •Financial  Administration •Financial  Reporting Stakeholders •Collaboration •Assistance •Funding Investment  Playbook Mayor & City  Council Nerve Center Stakeholders Community Fiscal Agent Staff       Packet Pg. 292 Deliverables and Performance Indicators Deliverables •Investment Playbook “road show” •Investment Playbook workshops •Community feedback events •Committee meetings •State grant awards •Federal grant awards •Project Intake portal •Completed projects Key Performance Indicators •Support from Elected Officials  •Support from Private Corporations  •Support from non-profits  •Number of Community feedback  events  •Number of grant applications  submitted •Number of grant awards received  •Intake portal statistics •Project movement through  development phases       Packet Pg. 293 Investment Playbook Project are organized into six (6) distinct categories: Community El Sol Holistic  Campus Community  Leadership  Empowerment  Workshop Olympic Aquatic  Center  Institute for Child  Development and  Family Relations  Economic  Opportunity  Center E Street Arts  Corridor Inland Port Career  Resource Center Purposeful  Pathways Infrastructure Zero-Emission  Buses Complete Streets Fiber Network  Installation  Enhanced  Infrastructure  Financing District City Hall  Renovation Climate-Ready SB Housing Carousel Mall Heart of Mobility Homelessness  initiative Homeownership  initiative Downtown Habitat  for Humanity  Project Permanent  Residential Real  Estate Cooperative Innovation Sustainable Mobility  Hub National Security  Innovation  Ecosystem Enterprise District Sustainable  Logistics Center of  Excellence  Downtown Satellite  Campuses Annual Climate  Readiness Summit  Cybersecurity Tech  Workforce Hub Entrepreneurship Entrepreneurial  Resource Center Food  Entrepreneurship  Hub Supply SB Local Small  Business  Retail Plaza Center for Youth  Financial Literacy  and  Entrepreneurship Capacity Nerve Center  City Staffing Surge Climate Solutions  Team Technical  Assistance for  Community  Organizations Current Investment Playbook Projects       Packet Pg. 294 Investment Playbook Projects are categorized into three (3) stages of development: Current Investment Playbook Projects READY-TO-GOLAST MILEEXPLORATORY These projects are largely  complete, with clear design,  costs, and plans for  implementation These early-stage projects will  need more development before  they are ready to fund and  implement These intermediate-stage projects  need to get specific on design and  cost       Packet Pg. 295 Notable Stakeholder Submitted Projects Enterprise District •Reestablish E Street as a dynamic commercial  corridor and popular Inland Empire destination •Cultivate a vibrant, amenity-filled downtown that  encourages innovation, entrepreneurship, and small  business growth  •Boost activity in downtown San Bernardino during  and after workday hours  University Presence Downtown  (“University Center”) •Sustainable Logistics Center of  Excellence •Institute for Child Development and Family  Relations •Cybersecurity Tech Workforce Hub Inland Port Career Resource Center (IPCRC) •Establish well-supported and easily navigated pathways into quality jobs in the IE  •Increase the number and proportion of IE residents with quality jobs (particularly within  disadvantaged and disinvested communities in the region)  •Ensure that area employers have access to the skilled workers they need to grow       Packet Pg. 296 Project Implementation Road Map Phase 1 Phase 3 Phase 4 Approve Nerve  Center Operator  Agreement Appoint Advisory  Committee  Members Council/Project  Stakeholder  Workshop Project  Prioritization  Feedback •Implement the Investment Playbook •Receive and File Monthly Investment Playbook  Reports from Nerve Center Operators, Fiscal  Agent and Playbook Consultants (if approved) •Quarterly Advisory Committee Meetings •Monthly Steering Committee Meetings If Necessary,  Onboard Additional  Playbook  Consultants  Re-Release Fiscal  Agent RFP Nerve Center Operator  Begins Providing ServicesPhase 2       Packet Pg. 297 Questions?       Packet Pg. 298 Break       Packet Pg. 299 Economic Development Connections SB Investment  Playbook Development  Opportunities Economic  Development  Programs Economic  Development  Team Public-Private  Partnerships       Packet Pg. 300 Opportunity Sites City Development Opportunities       Packet Pg. 301 Revitalization Efforts Highland Ave and Medical Center Dr City Development Opportunities       Packet Pg. 302 Revitalization Efforts Carnegie Dr City Development Opportunities       Packet Pg. 303 Revitalization Efforts Arden-Guthrie Development City Development Opportunities       Packet Pg. 304 Downtown Specific  Plan Update City Development Opportunities       Packet Pg. 305 Revitalization Efforts City-owned property  E St Retail Sites Woolworth Building Convention Center Baseball Field City Development Opportunities       Packet Pg. 306 Theater Square Parcels Conceptual Rendering Revitalization Efforts Theater Square City Development Opportunities       Packet Pg. 307 Revitalization Efforts City-owned parking City Development Opportunities       Packet Pg. 308 Carousel Mall – Getting to “Shovel Ready” New appraisal​Infrastructure  analysis​ Tax increment  financing district​ Phase 2  environmental​ Dedicated project  manager​ Grants  identification​ Surplus Land Act  process TBD 4-5 M 6M-1Y6M-1Y 6-8M6-8M 4-5M4-5M OngoingOngoing 6M6M City Development Opportunities       Packet Pg. 309 Economic Development Connections SB Investment  Playbook Development  Opportunities Economic  Development  Programs Economic  Development  Team Public-Private  Partnerships       Packet Pg. 310 Downtown Entrepreneurial Resource Center  Proposed Program       Packet Pg. 311 •Facilitate Commercial Revitalization  •Stimulate Private Investment and  Customer Patronage •General Shopping opportunities  •Pleasant walking environment by  improving visual aesthetics of  commercial building facades •Enhance small businesses Proposed Program       Packet Pg. 312 Revolving Loan Program Proposed Program       Packet Pg. 313 Economic Development Action Plan •Develop economic development goals  for the community with special focus on  each Ward •Emphasis on community engagement  and feedback •Incorporate existing plans (Specific  Plans, General Plan update, Investment  Playbook) Proposed Program       Packet Pg. 314  Marketing and Rebranding Proposed Program       Packet Pg. 315 Property and Business Improvement District •Steering Committee comprised of property  owners developed proposed boundaries and  services for the district ü Clean & Safe ü Capital Improvements  ü Administration •Potential for district to begin collecting  assessment in January 2025 Proposed Program       Packet Pg. 316 Special Event Efforts Proposed Program       Packet Pg. 317 Operation Restore Hope Proposed Program       Packet Pg. 318 Economic Development Connections SB Investment  Playbook Development  Opportunities Economic  Development  Programs Economic  Development  Team Public-Private  Partnerships       Packet Pg. 319 Services Provided by  Economic Development Staff Economic Development Division       Packet Pg. 320 Economic Development Partners       Packet Pg. 321 Economic Development Partner Event Thursday, July 27, 2023 | DoubleTree by Hilton Hotel San Bernardino       Packet Pg. 322 Economic Development Connections SB Investment  Playbook Development  Opportunities Economic  Development  Programs Economic  Development  Team Public-Private  Partnerships       Packet Pg. 323 Pedestrian Activation at Court Street Immediate Public-Private Partnerships       Packet Pg. 324 Downtown Visioning Working Group  (Property Owners) Immediate Public-Private Partnerships       Packet Pg. 325 Downtown Revitalization Efforts Immediate Public-Private Partnerships       Packet Pg. 326 Revitalization Efforts 3D Conceptual Rendering Downtown San Bernardino Immediate Public-Private Partnerships       Packet Pg. 327 Recommendations Staff will recommend at a future meeting the follow actions: 1.Approve a reallocation of $873,700 of ARPA funds from the Small Business  Education and Training Resources allocation to the Entrepreneurial  Development Services and Resource Center (“ERC”) for a total of $1,873,700  allocated to the ERC. 2.Authorize the Interim City Manager, or designee, to take necessary steps to  implement and administer the agreement including executing an agreement or  Memorandum of Understanding (“MOU”) with the Inland Empire Center for  Entrepreneurship in an amount not to exceed $1,873,700 through December  31, 2026, and signing subsequent, necessary, and related documents to  implement the MOU.       Packet Pg. 328 Recommendations Staff will recommend at a future meeting the follow actions: 3.Authorize the Interim City Manager, or designee, to execute a Professional  Services Agreement ($700,000) the with Making Hope Happen Foundation  (MHHF) for Investment Playbook Nerve Center Operator Services; and 4.Direction for Staff to determine feasibility of a Higher Education presence  (University Center) in the Downtown San Bernardino area; and 5.Direction for Staff to Re-Release Investment Playbook Fiscal Agent Services  RFP; and 6.Review Investment Playbook Projects and provide staff additional feedback on  projects at a future Mayor and City Council meeting.       Packet Pg. 329 Staff will recommend at a future meeting the follow actions: 7.Augment staffing in Economic Development by approving the creation and addition  of the following positions and directing staff to return to the Council with job  descriptions and salary schedules: a.One (1) Economic Development Director b.One (1) Economic Development Manager (Business Recruitment) c.One (1) Economic Development Manager (Business Retention) d.One (1) Economic Development Manager (Special Events Manager) 8.Approve the addition of one (1) Administrative Assistant position for Economic  Development. New Requests For Funding FY 2023/24 Future (1) Economic Development Director $280,376 Ongoing (3) Economic Development Managers ($186,218 each)$558,654 Ongoing (1) Administrative Assistant $80,549 Ongoing 73 Recommendations       Packet Pg. 330 Recommendations Staff will recommend at a future meeting the follow actions: 9.Authorize staff to evaluate the feasibility of:​ a.Implementing a Downtown Economic Impact Study b.Property and Business Improvement District Formation c.Pedestrian Activation at Court Street d.Special Event Programming e.Revolving Loan Program f.Retaining a brokerage firm to market city-owned properties​ g.Establishing a Downtown University Campus​ h.Implementing an Economic Development Action Plan​ i.Rebranding j.Expanding Chamber and Association Partnerships        Packet Pg. 331 Questions       Packet Pg. 332 1 2 9 7 7 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF SAN BERNARDINO AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB FOR ENTREPRENEURIAL DEVELOPMENT SERVICES This Memorandum of Understanding (“MOU”) is made and entered into as of June 30, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and University Enterprises Corporation at CSUSB (“Subrecipient”) on behalf of Inland Empire Center for Entrepreneurship (“IECE”) at California State University San Bernardino. City and Subrecipient are sometimes referred to individually as “Party” and collectively as the “Parties”. RECITALS A. WHEREAS, the City has identified Economic Growth and Development as part of its 2020-2025 Key Strategic Targets and Goals with a focus on creating a “21st Century urban core”; and B. WHEREAS, the City was one of six cities participating in the Aspen City Action Lab, an initiative of the Aspen Institute Latinos and Society Program (“Aspen Institute”); and C. WHEREAS, through the Aspen City Action Lab, the City of San Bernardino, the Aspen Institute, California State University San Bernardino, New Localism Associates, James Irvine Foundation, and community stakeholders developed the San Bernardino Investment Playbook (“Playbook”) which highlights “actionable investments that advance climate readiness, boost equitable economic growth, and improve daily life for all residents”; and D. WHEREAS, the Playbook identified the Entrepreneurial Resource Center Project (“the ERC Project”) as an actionable investment to “provide a centrally located and easily accessible downtown hub for small business training and technical assistance” to promote “job growth, wealth creation and economic resilience”; and E. WHEREAS, on March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”); and F. WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together       Packet Pg. 333 2 2 9 7 7 known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery; and G. The City received federal funding in the form of the SLFRF under ARPA in response to the coronavirus (“COVID-19”) pandemic. These funds may be used to carry out a wide range of community development activities, including those that benefit local communities; and H. The Interim Final Rule on SLFRF issued by the Department of the Treasury (“Treasury”) effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective April 1, 2022, (together the Interim Final Rule and the Final Rule are hereinafter referred to as the “Rule”) provide the rules and guidelines for how the ARPA funds may specifically be spent. Further, the Rule allows for the City to transfer SLFRF funds to a Subrecipient who provides services to those who have experienced a negative economic impact due to the COVID-19 public health emergency; and I. ARPA states the City may grant subawards to subrecipients for the furtherance of an ARPA eligible use. City desires to make a grant of ARPA SLFRF funds to the Subrecipient, in accordance with the terms of this MOU and all applicable provisions of ARPA, to carry out the ERC Project; and J. WHEREAS, the proposed work for the ERC Project is more particularly described in Exhibit “A”, attached hereto to this MOU and incorporated herein by this reference and K. WHEREAS, the Parties wish to enter into this MOU to delineate roles, and responsibilities relative to the ERC Project. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by the Parties as follows: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Term. This MOU shall commence on the Effective Date and continue through June 7, 2026, unless the MOU is previously terminated as provided for herein (“Term”). Subrecipient certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term. Any cost obligated by Subrecipient       Packet Pg. 334 3 2 9 7 7 as of December 31, 2024, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury. 3. Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate the ERC Project that are the subject of this MOU until each of the following provisions has been fully satisfied: 3.1 Subrecipient must furnish proof of insurance as required under Section 6 of this MOU. 3.2 City has obtained proof that Subrecipient is registered on SAM.gov and that Subrecipient is not suspended or barred from federally funded programs. 3.3 Subrecipient has provided City with a completed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2020, as issued by the Internal Revenue Service). 3.4 Subrecipient has obtained a business license from the City. 3.5 This MOU is fully executed by the Parties. 3.6 Subrecipient has been issued a “Notice to Proceed” by City. 4. Commitments. 4.1 City Commitments. The City agrees to do the following: 4.1.1 Funding. City shall provide funding to Subrecipient in a total amount not-to-exceed One Million Eight Hundred Seventy-Three Thousand Seven Hundred Dollars and No Cents ($1,873,700.00). Subrecipient will receive 100% of grant funds from City within thirty (30) days of execution of this MOU and submittal of requests for reimbursement is not required unless additional funds are distributed to and/or are sought by Subrecipient. Except as expressly provided in Section 4.1.1 of this MOU, Subrecipient shall not be entitled to, nor receive from City any additional funding or other type of remuneration for services rendered under this MOU. City’s payment to Subrecipient under this MOU is contingent on the availability of program funds and continued federal and state authorization for the funded program activities. 4.1.2 Advise Subrecipient of any changes in its personnel, operation, or policies which may impact the ERC Project; 4.1.3 Provide feedback to Subrecipient on performance of the ERC Project;       Packet Pg. 335 4 2 9 7 7 4.1.4 Meet with Subrecipient as necessary to conduct strategy, discuss and promote the ERC Project; and 4.2 Subrecipient Commitments. Subrecipient agrees to do the following: 4.2.1 Carry out the ERC Project in accordance with Exhibit “A” of this MOU. This shall include, but not be limited to, the marketing and promotion of the ERC Project to appropriate businesses and entrepreneurs; 4.2.2 Appoint a Program Manager as the liaison between the City and the Subrecipient, who will serve as the point of contact for the ERC Project; 4.2.3 Meet with City officials when needed to conduct strategy, discuss, and promote the ERC Project; 4.2.4 Use ARPA funds strictly in accordance with the ARPA Contract Requirements attached hereto as Exhibit “B,” which are incorporated herein by this reference. To the extent that any provision contained in Exhibit “B” conflicts with any provision of this MOU, Exhibit “B” governs. Any funds expended by Subrecipient in any manner that does not adhere to the ARPA program terms and conditions and this MOU shall be returned or repaid to the City. This includes, but is not limited to, funds paid to Subrecipient: i) in excess of the amount to which Subrecipient is finally determined to be authorized to retain; and ii) that are determined to have been misused. Notwithstanding the foregoing, the Project as described in Exhibit “A”, has been determined to be a proper use of ARPA funds . 4.2.5 Provide long-term small business support for eligible businesses that ensures sustainable success; 4.2.6 Ensure that all eligible current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses; 4.2.7 Address disparities in small business ownership and entrepreneurship through a deliberate focus on underrepresented groups in the city, and as appropriate, surrounding communities; 4.2.8 Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to- access continuum of support for entrepreneurs and small business owners; 4.2.9 Report to the City the following key program metrics on a quarterly basis:       Packet Pg. 336 5 2 9 7 7 (1) Clients counseled (2) Clients trained (3) Jobs supported (4) Investment capital received (5) Government contracts and certifications received (6) Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients) (7) Aggregate business demographic data – industry type (as reported by clients) (8) Client success stories (9) Additional data, as agreed upon by the IECE and the City of San Bernardino 4.2.10 Record Inspection. Subrecipient agrees that it shall maintain and make available for inspection all books, records, papers, accounting records, or other documents pertaining to the performance of the ERC Project, including but not limited to, the costs associated with the ERC Project. Subrecipient shall make all such items available at their respective offices at reasonable times during the MOU term and for five years after the termination or expiration of this MOU. Subrecipient agrees that all duly authorized representatives shall have access to the documents during normal business hours. 4.3. Mutual Responsibilities. 4.3.1 Collaborate and develop strategies for the mutual promotion of the ERC Project; 4.3.2 Cooperate and work in good faith in order to accomplish the stated goals of the ERC Project; 4.3.3 After the execution of this MOU, participate in a kick-off meeting to coordinate the initial implementation of the ERC Project; and 4.3.4 Laws and Regulations. Each Party 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 this MOU or any work related to the ERC Project, including all Cal/OSHA requirements, and shall give all notices required by law. Each Party shall be liable for all violations of such laws and regulations in connection with this MOU or any work related to the ERC Project. If either Party performs any of its obligations hereunder knowing that its actions are contrary to such laws, rules and regulations and without giving written notice to the other, the violating Party shall be solely responsible for all costs arising therefrom. The violating Party shall defend, indemnify and hold the other, its officials, directors, officers, employees and agents free and harmless, pursuant to the       Packet Pg. 337 6 2 9 7 7 indemnification provisions of this MOU, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 5. Indemnification. To the fullest extent permitted by law, Subrecipient shall defend, 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 directly arising out of any alleged acts, errors or omissions, or willful misconduct of Subrecipient, its officials, officers, employees, subcontractors, consultants or agents in connection with this MOU, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the negligence or willful misconduct of the City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, Subrecipient’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both Subrecipient and City. In instances of comparative fault, the apportionment of damages shall be shared between the Subrecipient and the City based upon the comparative degree of each other’s fault. Subrecipient’s contractual obligations shall not exceed the percentage of the damages attributable to Subrecipient’s fault. Subrecipient's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Subrecipient’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU. To the fullest extent permitted by law, City shall defend, indemnify and hold the Subrecipient, its 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 directly arising out of any alleged acts, errors or omissions, or willful misconduct of City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents in connection with: (1) potential misrepresentations made by the City under this MOU and (2) Claims arising out of the City’s interpretation of the rules and regulations related to ARPA funding under this MOU, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the negligence or willful misconduct of the Subrecipients officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, City’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both City and Subrecipient. In instances of comparative fault, the apportionment of damages shall be shared between the City and the Subrecipient       Packet Pg. 338 7 2 9 7 7 based upon the comparative degree of each other’s fault. City’s contractual obligations shall not exceed the percentage of the damages attributable to City’s fault. City’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Subrecipient, its employees, or authorized volunteers. City’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU. 6. Insurance. Subrecipient shall not commence work under this MOU until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Subrecipient shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 6.1 Additional Insured The City of San Bernardino shall be named as additional insureds on Subrecipient’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 6.2 Commercial General Liability 6.2.1 The Subrecipient shall take out and maintain, during the performance of all work under this MOU, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 6.2.2 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. 6.2.3 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       Packet Pg. 339 8 2 9 7 7 (8) Broad Form Property Damage (9) Independent Consultants Coverage 6.2.4 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 MOU. 6.2.5 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. 6.2.6 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. 6.3 Automobile Liability 6.3.1 At all times during the performance of the work under this MOU, the Subrecipient 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. 6.3.2 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). 6.3.3 The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. 6.3.4 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. 6.4 Workers’ Compensation/Employer’s Liability 6.4.1 Subrecipient 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 MOU.       Packet Pg. 340 9 2 9 7 7 6.4.2 To the extent Subrecipient has employees at any time during the term of this MOU, at all times during the performance of the work under this MOU, the Subrecipient shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this MOU, 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. Subrecipient shall require all subcontractors to obtain and maintain, for the period required by this MOU, workers’ compensation coverage of the same type and limits as specified in this section. 6.5. Minimum Policy Limits Required. 6.5.1 The following insurance limits are required for the MOU: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence 6.5.2 Defense costs shall be payable in addition to the limits. 6.5.3 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 MOU. 6.6 Evidence Required Prior to execution of the MOU, the Subrecipient 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       Packet Pg. 341 10 2 9 7 7 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. 6.7 Policy Provisions Required 6.7.1 Subrecipient shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this MOU, except that the Subrecipient 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 MOU, the Subrecipient 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. 6.7.2 The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Subrecipient’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. 6.7.3 The retroactive date (if any) of each policy is to be no later than the effective date of this MOU. Subrecipient shall maintain such coverage continuously for a period of at least three years after the completion of the work under this MOU. Subrecipient shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this MOU; 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 MOU. 6.7.4 All required insurance coverages 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 Subrecipient or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Subrecipient hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 6.7.5 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 Subrecipient from liability in excess of such coverage, nor shall it limit the Subrecipient’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 MOU or law. 6.8 Qualifying Insurers       Packet Pg. 342 11 2 9 7 7 6.8.1 All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 6.9. Additional Insurance Provisions 6.9.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Subrecipient, 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 Subrecipient pursuant to this MOU, including, but not limited to, the provisions concerning indemnification. 6.9.2 If at any time during the life of the MOU, any policy of insurance required under this MOU 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 Subrecipient or City will withhold amounts sufficient to pay premium from Subrecipient payments. In the alternative, City may cancel this MOU. 6.9.3 The City may require the Subrecipient to provide complete copies of all insurance policies in effect for the duration of the ERC Project. 6.9.4 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 MOU. 6.10 Subcontractor Insurance Requirements. Subrecipient 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 Subrecipient, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 7. Force Majeure. In addition to specific provisions of this MOU, performance by either Party hereunder shall not be deemed to be in default, or considered to be a       Packet Pg. 343 12 2 9 7 7 default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by either Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this Section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event. 8. Termination. 8.1 Termination for Convenience. Either City or Subrecipient may terminate this MOU at any time without cause by giving the other written notice of the date of termination at least 30 calendar days before. If this MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days. 8.2 Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and proper manner its obligation under this MOU, or if Subrecipient violates any of the covenants of this MOU, City has the unilateral right to terminate this MOU by giving Subrecipient written notice at least five calendar days before termination. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. If this MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days. 9. Miscellaneous Provisions. 9.1. Captions. Any captions to, or headings of, the sections or subsections of this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used for the interpretation or determination of the validity of this MOU or any provision hereof.       Packet Pg. 344 13 2 9 7 7 9.2. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this MOU shall not be deemed to confer any rights upon, or obligate the parties, to any person or entity other than the parties hereto. 9.3. Notice. Any notice or instrument required to be given or delivered by this MOU 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: Nathan Freeman, Agency Director of Community, Housing, and Economic Development With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUBRECIPIENT: Inland Empire Center for Entrepreneurship at California State University, San Bernardino Jack H. Brown Hall, 5500 University Pkwy, San Bernardino, CA 92407 Attn: Dr. Michael Stull With Copy to: University Enterprise Corporation California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407 Attn: Diane Trujillo 9.4. Laws and Venue. This MOU 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 MOU, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 9.5. Entire MOU. This MOU, including exhibits, represents the entire understanding of City and Subrecipient 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 MOU.       Packet Pg. 345 14 2 9 7 7 9.6. Resolution of Disputes. 9.6.1 Disputes regarding the interpretation or application of any provision of this Agreement must, to the extent reasonably feasible, be resolved through good- faith negotiations between the Parties. 9.6.2 In the event that litigation is brought by any Party in connection with this MOU, 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. 9.7. Severability. If any provision of this MOU 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 MOU shall remain in full force and effect. 9.8. Successors and Assigns. This MOU shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this MOU. However, Subrecipient 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. 9.9. 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 MOU 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. 9.10. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this MOU. 9.11. Counterparts. This MOU 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 MOU.       Packet Pg. 346 15 2 9 7 7 9.12. Independent Contractor. Subrecipient is an independent contractor. As such, Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of City. Further, neither Subrecipient nor anyone working on its behalf is not entitled to any benefit typically associated with an employee such as medical, sick- leave, or vacation benefits. 9.13. Authority. The persons executing this MOU on behalf of the Parties hereto warrant that they are duly authorized to execute this MOU on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this MOU. 9.14. Electronic Signature. Each Party acknowledges and agrees that this MOU may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature       Packet Pg. 347 16 2 9 7 7 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SUBRECIPIENT University Enterprises Corporation at CSUSB Signature Name Title       Packet Pg. 348 17 2 9 7 7 EXHIBIT “A” ENTREPRENEURIAL DEVELOPMENT SERVICES The following programs and activities from the Inland Empire Center for Entrepreneurship (IECE) at California State University San Bernardino will provide resources and support for entrepreneurs and small business owners located in the City of San Bernardino. The goal is to aid aspiring and existing small business owners through business counseling and specialized business assistance programs to help them recover from the ongoing and residual effects of the pandemic and build sustainable resilience to navigate and survive future economic challenges. The proposed activities and services will be delivered by our premier programs – the Inland Empire Small Business Development Center (SBDC) and Women’s Business Center (WBC) – and in addition to providing new services and programs, will leverage our existing infrastructure, staff, faculty and funding support. Thus, the City is investing in a well-established program and leveraging a wide range of State and Federal funds currently invested in the IECE. Total Project Cost: $3,843,138.77 (average annual cost - $1.28 million) Funding Needed: $1,873,699.97 Funding Proposed: $2,000,000.00 Funding period: 3 years 1. Entrepreneurial Resource Center (ERC) Project Overview Historically there has been a lack of coordination among the roughly two dozen organizations working to support entrepreneurship in the Inland Empire. While some of the smaller entities leverage the programs and resources of larger, better-established organizations, most work in relative isolation and lack the capacity to meet the changing needs of entrepreneurs as they move from initial idea to business launch. These coordination deficits result in duplicative efforts and disjointed programming that can be difficult to access and navigate. The Entrepreneurial Resource Center (ERC) will provide a centrally located and easily accessible hub for small business training and technical assistance. The ERC will bring together a wide range of entrepreneurial support organizations to provide a complete set of training, technical assistance, and access to resources for small business owners and       Packet Pg. 349 18 2 9 7 7 entrepreneurs in the general service area of the location. It will improve access to resources for all aspiring and existing entrepreneurs, increase the rate of business creation, and foster greater success and long-term sustainability for local small businesses. The ERC will be anchored by the IECE—one of the largest university-based Centers for Entrepreneurship in the world and the most experienced and comprehensive entrepreneurial technical assistance provider in the Inland Empire —and the globally recognized School of Entrepreneurship (SoE), which remains the first and only school of its kind in the state. The extensive array of entrepreneurial support programs offered by the IECE and SoE encompasses every stage of company formation and growth. Together the IECE and SoE will work with partner entrepreneurial support organizations to set clear objectives, develop programming, and deliver services with tangible results. Historically entrepreneurial support organizations in the region have worked largely in isolation, though a small number have focused on leveraging the programming and resources of larger, more established organizations. The ERC will convene these actors in order to create a well-defined and well- coordinated continuum of services capable of supporting businesses across their entire lifecycle. It will also work with the potential Supply SB supplier (part of the San Bernardino Investment Playbook) diversity initiative to connect local Latino and Black vendors to contract-readiness programming and procurement-focused sales opportunities. Key Objectives of the ERC •Ensure that all current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses. •Provide long-term small business support that ensures sustainable success. •Address disparities in small business ownership and entrepreneurship through a deliberate focus underrepresented groups in the city, and as appropriate, surrounding communities (e.g., Rialto, Highland, Colton, Redlands). •Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to-access continuum of support for entrepreneurs and small business owners.       Packet Pg. 350 19 2 9 7 7 Location, Size, and Scope The target location for the ERC is the Chase Building in downtown San Bernardino at Studio D. Facility size: approximately 5,000 square feet, to include: Private office space: 9 offices for IECE and partner organizations Number of people working in the facility (including administrative staff): 10-15 Cohort-focused programs: 50 per cohort, offered quarterly in English and Spanish Foot traffic (drop-in public events, use of meeting space, etc.): 2,500 served each year, 10 percent of which will be drop-in traffic. Program Components The ERC, at its core, will provide both short and long-term business counseling and training services from programs such as the Inland Empire Small Business Development Center (IESBDC), Inland Empire Women’s Business Center (IEWBC) that will assist business owners at every stage of development, from startup to growth. In addition, we plan to provide a range of specialized programs and services (based on need and demand) such as: •Marketplace Program – Assists entrepreneurs as they move from initial idea to microbusiness launch with tracks for farmers market / craft fair sales (IE Made), e-commerce (California Shop Small-Amazon), wholesale (procurement network), and exports. •SBDC Eats Program – Six-week program that prepares participants to start and run a food-based business (includes follow-on counseling). •Catapult Business Growth Network – 50-hour intensive for small business owners focused on key concepts and tools proven to drive and manage business growth (includes peer mentoring network). •Financial Fitness Boot Camp – Four-day workshop for small business owners focused on financial literacy and financial management basics. •Main Street Digital Program – Assists brick-and-mortar businesses interested in having an online presence. •SBDC Center for Contracting – Helps small businesses with contract readiness and securing contracts. •UpStarters Discovery Program – Introduces middle and high school students to entrepreneurship fundamentals. •Startup programs and workshops delivered in Spanish – like ones delivered by Association de Emprendedor@s. •Other entrepreneurial support programs and services based on need/demand. IECE estimates that more than 2,500 small businesses will be served annually through the ERC, with small business owners receiving access to free business counseling, training and mentoring programs.       Packet Pg. 351 20 2 9 7 7 Cost To create the ERC and ensure a minimum operating period of 3 years will require an investment of approximately $3.84 million (approximately $1.28 million per year). This will leverage the IECE and SoE current annual investment of over $600,000 in small business technical assistance resources (staff and programs) in addition to the City contribution as provided for in this MOU, and allow for establishment of the location, performing necessary facility improvements, and ongoing space costs, deploying additional staff resources necessary, and support for partner organizations. A sustainability plan is in place that will allow the ERC to operate indefinitely. In addition to seeking ongoing funding through various grants, the intent is to have the planned farmers market; co-working space, incubator and commercial food kitchen/food lab (if applicable) generate sufficient revenue at maturity to cover the annual operating costs. Reporting The IECE will report to the City the following key program metrics on a quarterly basis: •Clients counseled •Clients trained •Jobs supported •Investment capital received •Government contracts and certifications received •Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients) •Aggregate business demographic data – industry type (as reported by clients) •Client success stories •Additional data, as agreed upon by the IECE and the City of San Bernardino       Packet Pg. 352 21 2 9 7 7       Packet Pg. 353 22 2 9 7 7 EXHIBIT B ARPA CONTRACT REQUIREMENTS 1. COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS 1.1 Subrecipient agrees that it undertakes hereby the same obligations to City that City has undertaken to Treasury by way of City's acceptance of ARPA funds. The obligations thus undertaken by Subrecipient include, but are not limited to, the obligation to comply with Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions, the Rule, and the following federal laws and regulations: (A) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to ARPA and subject to such exceptions as may be otherwise provided by Treasury. This includes ensuring that any procurements using ARPA funds are consistent with the procurement standards in the Uniform Guidance at 2 CFR 200.317 through CFR 200.327, as applicable; (B) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, including Appendix A to 2 C.F.R. Part 25; (C) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, including Appendix A to 2 C.F.R. Part 170; (D) United States Office of Management and Budget (“OMB”) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19; (E) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20; (F) New Restrictions on Lobbying, 31 C.F.R. Part 21; (G) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655) and implementing regulations;       Packet Pg. 354 23 2 9 7 7 (H) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; (I) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), 4 which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; (J) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibit discrimination on the basis of disability under any program or activity receiving federal financial assistance; (K) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and (L) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 1.2 Subrecipient further agrees to comply with all environmental, procurement, construction, and other guidelines provided by City. 1.3 Subrecipient will obtain all necessary permits and licenses that are necessary for its performance under this MOU. 1.4 Failure to meet established performance goals and standards or non-compliance with applicable rules and regulations constitutes non-compliance with the terms of this MOU. City is entitled to avail itself of one or more of the following remedies to address noncompliance: (A) Temporarily withhold cash payments pending correction of deficiencies by Subrecipient; (B) Disallow all or part of the cost of the activity or action not in compliance (C) Wholly or partly suspend or terminate the current award for Subrecipient's program; (D) Withhold further awards for the program; or (E) Take other remedies that may be legally available.       Packet Pg. 355 24 2 9 7 7 2. SUBCONTRACTS Subrecipient will incorporate the same or substantially equivalent requirements as are contained in this MOU (with exception for Commercial General Liability coverage which may be satisfied with $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage) in many subcontracts that utilize any ARPA funds or that support any ARPA funded project covered by this MOU. Notwithstanding the requirements of this Agreement, some subcontractors may be small, disadvantaged businesses and unable to meet the insurance requirements as defined above. In the event a potential subcontractor cannot meet the insurance requirements contained in this MOU, Subrecipient shall seek City’s consent to allow deviation from the standard insurance requirements. All subcontractors will meet the minimum statutory requirements necessary to conduct business in the state of California. When a project utilizes ARPA funds and funds from other sources, all funds are subject to ARPA regulations. Subrecipient, by entering into a subcontract for performance of any portion of its ARPA funded program, is not relieved of its responsibilities to City as set forth in this MOU. 3. NON-DISCRIMINATION/GRIEVANCE PROCEDURES 3.1 No person with responsibilities in the operation of any project under this MOU may discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status. 3.2 Subrecipient will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor, and subcontractor. 4. STANDARD OF CONDUCT/CONFLICT OF INTEREST AND LOBBYING 4.1 No member, officer or employee of Subrecipient or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibility with respect to the program during that person’s tenure, may have any direct interest, in any contract or subcontract, or the process thereof which conflicts with the work to be performed in connection with the programs activities assigned under this MOU. 4.2 By entering into this MOU, Subrecipient certifies that: (A) No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal       Packet Pg. 356 25 2 9 7 7 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement. (B) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Subrecipient must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested. (C) Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients certify and disclose accordingly. 4.3 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 5. FISCAL CONTROL 5.1 Subrecipient is responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. Subrecipient will establish such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the City to assure the proper disbursal of, and accounting for, funds paid to Subrecipient under this MOU. Subrecipient must maintain separate accounts within established bookkeeping systems for ARPA funds. 5.2 Subrecipients subject to Title 2 CFR Part 200 must deposit funds in an account requiring two signatures for disbursement and submit to City specimen signatures for all authorized signatories prior to receipt of funds. 5.3 City will pay Subrecipient progress payments at the time and in the manner set forth in the MOU. Payment by City is not to be construed as final in the event that Treasury disallows reimbursement for the Project or any portion thereof. Subrecipient will submit reasonable back-up documentation as specified by City with request for payment.       Packet Pg. 357 26 2 9 7 7 5.4 Subrecipient is liable for all amounts that are determined to be due by Treasury including, but not limited to, disallowed costs that are the result of Subrecipient's or its contractor's conduct under this MOU. 5.5 City will notify Subrecipient in writing regarding any controversy or proceeding between City and Treasury arising from this MOU. Subrecipient will be permitted to respond regarding the controversy or proceeding. 5.6 All financial transactions must be supported by complete and verifiable source documents. Records must provide a clear audit trail. 6. REVERSION OF ASSETS 6.1 Funds. Upon expiration of this MOU, Subrecipient will transfer to City any remaining ARPA funds in Subrecipient's control at the time of expiration of this MOU. 6.2 Equipment. If Subrecipient has used ARPA funds to purchase tangible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit, Subrecipient may use such equipment for the purpose for which it was acquired as long as needed for the program or project described in this MOU. When no longer needed for the original program or project, the equipment must be returned to the City. 6.3 Real Property. If Subrecipient has used ARPA funds to purchase real property, and Subrecipient sells or otherwise disposes of such real property, Subrecipient shall return the ARPA-share of the purchase to City. The ARPA-share shall be computed by applying the percentage of ARPA funds that went toward the cost of the original purchase (and costs of any improvements) multiplied by the fair market value of the property at the time of sale by the Subrecipient. 7. REQUESTS FOR TECHNICAL ASSISTANCE Subrecipient will refer to the City any regulatory or procedural questions regarding operation of its ARPA-funded Services. All formal requests for technical assistance must be submitted in writing. Requests should specify the problem area, particular assistance being requested and proposed solution if applicable. Informal questions regarding day-to-day program operation may be directed to the designated City representative. 8. RECORDS AND REPORTS 8.1 Subrecipient understands and agrees that City may, at any time, request additional information that may be required for the purpose of making       Packet Pg. 358 27 2 9 7 7 necessary reports to Treasury, or for otherwise evaluating Subrecipient's progress and performance under this MOU. In the event of such requests, Subrecipient will comply by providing the appropriate data within 10 working days from the date of any such request. 8.2 Subrecipient further understands and agrees that the records and additional information described in this section must be retained on a continuing basis for a period of five (5) years after this MOU has expired. 9. CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS 9.1 City, designated representatives of City, and other appropriate officials must have access to all personnel records, management information, and fiscal data of Subrecipient and any agency or contractor with whom Subrecipient executes a subcontract necessary to carry out any ARPA-funded Services for monitoring purposes. Subrecipient will respond in a timely manner to all identified corrective actions Subrecipient will submit to City all required reports and monitoring corrective action plans on a timely basis, as delineated by City. Records must be maintained as follows: 9.2 Subrecipient agrees to retain all pertinent records under ARPA, including financial records, until advised by City that further retention is unnecessary. Records must be open and available for inspection by auditors and other staff assigned by City during the normal business hours of Subrecipient.       Packet Pg. 359       Packet Pg. 360       Packet Pg. 361       Packet Pg. 362       Packet Pg. 363 21 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Assistance to Small Businesses Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects. Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically: 1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and 2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation). Impacted Small Businesses Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: ✓ Decreased revenue or gross receipts ✓ Financial insecurity ✓ Increased costs ✓ Capacity to weather financial hardship ✓ Challenges covering payroll, rent or mortgage, and other operating costs Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs ✓ Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses Treasury presumes that the following small businesses are disproportionately impacted by the pandemic: 8 15 U.S.C. 632.       Packet Pg. 364 22 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ Small businesses operating in Qualified Census Tracts ✓ Small businesses operated by Tribal governments or on Tribal lands ✓ Small businesses operating in the U.S. territories Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule: ✓ Rehabilitation of commercial properties, storefront improvements & façade improvements ✓ Technical assistance, business incubators & grants for start-up or expansion costs for small businesses ✓ Support for microbusinesses, including financial, childcare, and transportation costs       Packet Pg. 365 San Bernardino Investment Playbook Transformative investments to catalyze sustainable and equitable economic growth N E W L O C A L I S M A S S O C I A T E SLIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Made possible with the support of The James Irvine Foundation San Bernardino Community Stakeholders       Packet Pg. 366 Contents Summary Context Playbook Vision Playbook Projects Next Steps       Packet Pg. 367 N E W L O C A L I S M A S S O C I A T E S | 3LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Executive summary 36 investments selected with community input More than $1 billion total cost of projects that are ready-to-go Focus on Downtown a small geography with outsized impact       Packet Pg. 368 N E W L O C A L I S M A S S O C I A T E S | 4LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 This Playbook will catalyze investment in the building blocks of an equitable, sustainable, and prosperous San Bernardino Infrastructure Create a sustainable and connected platform for equitable growth Housing Increase housing density near multimodal transit Innovation Invest in key drivers of the Inland Empire economy Entrepreneurship Support startup activity and small business success Community Expand opportunities and improve outcomes for all residents Capacity Ensure that stakeholders have the capacity to design and implement projects       Packet Pg. 369 N E W L O C A L I S M A S S O C I A T E S | 5LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Proposed ready-to-go projects total roughly $1 billion Given that only 20 of the 36 projects have been costed out thus far (in bold below), we expect that the total cost of implementing the entire Playbook will exceed $1 billion. Community Cybersecurity Tech Workforce Hub El Sol Holistic Campus Community Leadership Empowerment Workshop Olympic Aquatic Center Institute for Child Development and Family Relations – Downtown Economic Opportunity Center E Street Arts Corridor Inland Port Career Resource Center Purposeful Pathways Infrastructure Zero-Emission Buses Complete Streets Fiber Network Installation Enhanced Infrastructure Financing District City Hall Renovation Climate-Ready SB Housing Carousel Mall Heart of Mobility Homelessness initiative Homeownership initiative Downtown Habitat for Humanity Project Permanent Residential Real Estate Cooperative Innovation Sustainable Mobility Hub National Security Innovation Ecosystem Enterprise District Sustainable Logistics Center of Excellence Downtown Satellite Campuses Annual Climate Readiness Summit Entrepreneurship Entrepreneurial Resource Center Food Entrepreneurship Hub Supply SB Local Small Business Retail Plaza Center for Youth Financial Literacy and Entrepreneurship Capacity Nerve Center City Staffing Surge Climate Solutions Team Technical Assistance for Community Organizations       Packet Pg. 370 Contents Summary Context Playbook Vision Playbook Projects Next Steps       Packet Pg. 371 N E W L O C A L I S M A S S O C I A T E S | 7LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Local leaders need to organize to make the most of this unprecedented funding Federal investments American Rescue Plan Act ($1.9T) enacted March 2021 Infrastructure Investment & Jobs Act ($1.2T, of which $549B is new spend) enacted November 2021 CHIPS and Science Act ($280B) enacted August 2022 Inflation Reduction Act ($490B) enacted August 2022 CA state investments General Fund Surplus ($47.7B) Community Economic Resilience Fund ($600M) SB 156 funds for broadband ($6B) Other funds TBD A historic sequence of federal and state investments       Packet Pg. 372 N E W L O C A L I S M A S S O C I A T E S | 8LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Cities must align disjointed federal and state funding sources with specific local projects This alignment process will require careful planning, thoughtful engagement, and increased capacity within local government as well as nonprofit and civic organizations EDA competitive grant State non- competitive grant Local investors DoD grant Federal and state tax incentives Private sector debt HUD block grant Low-interest loan from local philanthropy DOT competitive grant       Packet Pg. 373 N E W L O C A L I S M A S S O C I A T E S | 9LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 An Investment Playbook helps match local projects to federal and state funds Community 1. DEFINE PRIORITIES Infrastructure Housing 2. IDENTIFY PROJECTS Project 1 Project 2 3. SECURE FUNDING Civic & Philanthropic Private Sector State Government Federal Government Innovation Entrepreneurship Project 3 Project 4 Project 5 Project 6 Project 7 Project 8 Project 9 Project 10 Capacity Project 11 Project 12       Packet Pg. 374 N E W L O C A L I S M A S S O C I A T E S | 10LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Playbooks evolve over time as new funds come available and new projects emerge Identify local projects and available funds Design and cost out projects Secure funds Launch projects and adapt as needed Track progress over time Investment Playbook Lifecycle       Packet Pg. 375 N E W L O C A L I S M A S S O C I A T E S | 11LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 A growing number of cities are using Investment Playbooks to organize themselves for action San Bernardino Phoenix El Paso San Antonio Rochester Buffalo PhiladelphiaPittsburgh Dayton Greensboro ErieFlint       Packet Pg. 376 The Buffalo East Side Avenues Initiative is one of the most ambitious community wealth building efforts in the country. After a successful initial phase of investments in small business, placemaking, and workforce development along four historically disinvested commercial corridors, the project team assembled an Investment Playbook to map out its next phase of work. This Playbook has helped the Buffalo East Side Avenues Initiative secure $200M in federal, state, private, and philanthropic support. N E W L O C A L I S M A S S O C I A T E S | 12LIVING DOCUMENT –UPDATED SEPTEMBER 4, 2022 Investment Playbook: Buffalo, NY       Packet Pg. 377 N E W L O C A L I S M A S S O C I A T E S | 13LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 This Playbook focuses on Downtown San Bernardino A small geography with outsized impact Located in the Inland Empire some 60 miles east of Los Angeles, it is part of the Riverside -San Bernardino-Ontario MSA, which is the largest MSA by size and 13th largest by population.       Packet Pg. 378 N E W L O C A L I S M A S S O C I A T E S | 14LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 The nation’s first 21st-century city With inexpensive city-owned land, historic buildings, and close proximity to multimodal transit and innovation-intensive institutions of higher education, downtown San Bernardino has an opportunity to reclaim its position as one of the crown jewels of the Inland Empire. Low density, high potential Underpopulated and underinvested today, downtown San Bernardino holds out the prospect of sustainable urban living in a suburban setting. The public face of San Bernardino A reinvigorated, climate-ready urban core will improve quality of life throughout the city, making it more attractive for current and prospective residents and businesses alike. Key to solving the climate crisis From transit-oriented development and housing density to electric vehicle (EV) infrastructure and energy-efficient buildings, downtowns have an outsized role to play in the race for climate readiness. Why Downtown San Bernardino?       Packet Pg. 379 N E W L O C A L I S M A S S O C I A T E S | 15LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Local knowledge and expertise form the backbone of the San Bernardino Investment Playbook Dozens of in-depth individual and group interviews with community stakeholders surfaced invaluable information about the concerns and aspirations of San Bernardino residents and provided context and inspiration for the Playbook as a whole. These conversations identified six priority areas—Capacity, Infrastructure, Housing, Innovation, Entrepreneurship, and Community—as well as the individual projects within each category. Specific projects were developed in close collaboration with key community partners, including El Sol Neighborhood Educational Center, Just SB and its member organizations, and Uplift SB.       Packet Pg. 380 N E W L O C A L I S M A S S O C I A T E S | 16LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 1Build on San Bernardino’s strengths Leverage market momentum2 Unlock federal, state, and local resources 3 Drive equitable growth4 Each project was selected based on its ability to       Packet Pg. 381 N E W L O C A L I S M A S S O C I A T E S | 17LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Projects that made the cut took one of three forms Ready-to-go: Project design largely complete, with components costed out Last-mile: Additional support needed to get specific on design and cost Exploratory: Early-stage and largely undeveloped       Packet Pg. 382 N E W L O C A L I S M A S S O C I A T E S | 18LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 A blank slate Downtown San Bernardino is a space of possibility, with inexpensive land, historic buildings, solid access to multimodal transportation, and close proximity to world-class research capacity at CSUSB, UCR, and CARB Change is possible Many San Bernardino residents have deep faith that their city can finally turn the corner and achieve its promise Leapfrog effect Investment in a sustainable, accessible, well-connected downtown will give San Bernardino a chance to realize its full potential as an inland port In addition to surfacing projects, conversations with stakeholders revealed tremendous untapped potential Source: New Localism Associates interviews       Packet Pg. 383 N E W L O C A L I S M A S S O C I A T E S | 19LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Coordinated investments can benefit everyone Inland Empire San Bernardino County City of San Bernardino Downtown San Bernardino Place-based projects invest in a target geography, creating benefits that ripple out to the city, county, and region Cross-cutting projects provide far- reaching benefits such as climate readiness, workforce development, broadband, and entrepreneurial support Capacity-building investments ensure that local stakeholders are ready to design and implement projects       Packet Pg. 384 N E W L O C A L I S M A S S O C I A T E S | 20LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Conventional approaches will not lead to better outcomes One-and-done planning Top-down decision making Little coordination across siloes Investments don’t benefit everyone Longstanding disparities remain unresolved Equitable growth requires a different approach Iterative and continuously evolving Anchored in community needs and distinctive local strengths Investments coordinated for maximum impact Designed to address disparities and improve quality of life for all residents Successful Playbooks require a new way of working       Packet Pg. 385 N E W L O C A L I S M A S S O C I A T E S | 21LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Identify local projects and available funds Design and cost out projects Secure funds Launch projects and adapt as needed Track progress over time Investment Playbook Lifecycle This Playbook marks the first stage of an iterative approach to ongoing transformational investment in equitable growth       Packet Pg. 386 N E W L O C A L I S M A S S O C I A T E S | 22LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Continued Playbook iteration will be needed Federal funding as impetus This Investment Playbook was developed in response to the American Rescue Plan and the Infrastructure Investment and Jobs Act. Stakeholders identified relevant projects based on local needs •Ready-to-go: Design largely complete, components costed out •Last-mile: Additional work needed on design and costs •Exploratory: Early-stage and largely undeveloped First phase of projects New funding creates new possibilities A more extensive design process will be needed to make the most of the recent influx of federal and state funding (e.g., CHIPS and Science Act, Inflation Reduction Action, CA climate and housing legislation). A six-month design sprint will allow San Bernardino to identify new opportunities and get projects ready to go.       Packet Pg. 387 Contents N E W L O C A L I S M A SS O C I A T E S Summary Context Playbook Vision Playbook Projects Next Steps       Packet Pg. 388 N E W L O C A L I S M A S S O C I A T E S | 24LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 This Investment Playbook brings together big moves that will benefit all residents Community Cybersecurity Tech Workforce Hub El Sol Holistic Campus Community Leadership Empowerment Workshop Olympic Aquatic Center Institute for Child Development and Family Relations – Downtown Economic Opportunity Center E Street Arts Corridor Inland Port Career Resource Center Purposeful Pathways Infrastructure Zero-Emission Buses Complete Streets Fiber Network Installation Enhanced Infrastructure Financing District City Hall Renovation Climate-Ready SB Housing Carousel Mall Heart of Mobility Homelessness initiative Homeownership initiative Downtown Habitat for Humanity Project Permanent Residential Real Estate Cooperative Innovation Sustainable Mobility Hub National Security Innovation Ecosystem Enterprise District Sustainable Logistics Center of Excellence Downtown Satellite Campuses Annual Climate Readiness Summit Entrepreneurship Entrepreneurial Resource Center Food Entrepreneurship Hub Supply SB Local Small Business Retail Plaza Center for Youth Financial Literacy and Entrepreneurship Capacity Nerve Center City Staffing Surge Climate Solutions Team Technical Assistance for Community Organizations       Packet Pg. 389 N E W L O C A L I S M A S S O C I A T E S | 25LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Proposed ready-to-go projects total roughly $1 billion Given that only 20 of the 36 projects have been costed out thus far (in bold below), we expect that the total cost of implementing the entire Playbook will exceed $1 billion. Community Cybersecurity Tech Workforce Hub El Sol Holistic Campus Community Leadership Empowerment Workshop Olympic Aquatic Center Institute for Child Development and Family Relations – Downtown Economic Opportunity Center E Street Arts Corridor Inland Port Career Resource Center Purposeful Pathways Infrastructure Zero-Emission Buses Complete Streets Fiber Network Installation Enhanced Infrastructure Financing District City Hall Renovation Climate-Ready SB Housing Carousel Mall Heart of Mobility Homelessness initiative Homeownership initiative Downtown Habitat for Humanity Project Permanent Residential Real Estate Cooperative Innovation Sustainable Mobility Hub National Security Innovation Ecosystem Enterprise District Sustainable Logistics Center of Excellence Downtown Satellite Campuses Annual Climate Readiness Summit Entrepreneurship Entrepreneurial Resource Center Food Entrepreneurship Hub Supply SB Local Small Business Retail Plaza Center for Youth Financial Literacy and Entrepreneurship Capacity Nerve Center City Staffing Surge Climate Solutions Team Technical Assistance for Community Organizations       Packet Pg. 390 Contents N E W L O C A L I S M A SS O C I A T E S Summary Context Playbook Vision Playbook Projects Next Steps       Packet Pg. 391 N E W L O C A L I S M A S S O C I A T E S | 27LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Capacity Implementing the Investment Playbook will require thoughtful collaboration and coordination across the public, private, civic, philanthropic, and nonprofit sectors. These investments will ensure that local stakeholders have the capacity to design and implement projects and drive Playbook evolution. Ready-to-go: •Nerve Center ($3M) Last-mile: •Staffing Surge Exploratory: •Climate Action Team •Technical Assistance for Community Organizations       Packet Pg. 392 N E W L O C A L I S M A S S O C I A T E S | 28LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Capacity: Nerve Center Cost $3M Staffing, overhead Total: $3M Ready-To-Go The Nerve Center will oversee Playbook implementation and help ensure that all activities are well coordinated and aligned with identified priorities. This entity will not replace the efforts of those organizations that are implementing the work. Rather, the Nerve Center will coordinate among all stakeholders to ensure consistent communication, drive collaboration, and reduce duplicative efforts. Objectives •Ensure a bias for action and coordination across investments •Keep Playbook on schedule and on budget •Support Playbook evolution as new projects and priorities emerge       Packet Pg. 393 N E W L O C A L I S M A S S O C I A T E S | 29LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Capacity: Staffing Surge Last-Mile The number and complexity of projects proposed in the Investment Playbook exceed the current capacity of city staff. A temporary staffing surge (whether within or alongside City Hall) will help ensure that projects are implemented on time, on budget, and with fidelity. This surge will include specialists in infrastructure, housing, sustainability, and transportation as well as analysts with skills in GIS, policy, and fiscal support. The surge period could be extended depending on how staffing needs evolve. Objectives •Increase capacity for project development and implementation •Ensure access to subject matter expertise •Identify opportunities for accelerated Playbook implementation       Packet Pg. 394 N E W L O C A L I S M A S S O C I A T E S | 30LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Capacity: Technical Assistance for Community Organizations Exploratory A technical assistance program for community organizations will help local nonprofits play an active role in Playbook project design and implementation. Eligible nonprofits will receive ten hours of one-on-one consulting tailored to their most pressing concerns (e.g., accounting, internal controls, grant writing and management, data collection and analysis, strategic planning, long-term budget development, governance structures, staffing, technological solutions). Group trainings and peer learning opportunities will complement one-on-one support and create opportunities for local organizations to build connections, share lessons learned, and engage in collaborative problem solving. A delivery team will determine the scale and specific components of this initiative, develop cost estimates, establish eligibility criteria, conduct an RFP process to secure consultants, and devise a roadmap for securing funds and phased implementation. Objectives •Increase nonprofits’ capacity for service delivery, strategic planning, fundraising, and other core functions •Enhance capabilities of community-based organizations •Support development and implementation of Playbook projects       Packet Pg. 395 N E W L O C A L I S M A S S O C I A T E S | 31LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Capacity: Climate Solutions Team Exploratory A 3-to-4-person Climate Solutions Team (CST) will provide leadership, coordination, and support for the Climate Ready SB initiative (see Infrastructure section for detail). Working with local stakeholders and subject matter experts, the CST will identify, design, and deliver a holistic suite of investments that advance the City’s climate goals. The CST will help stakeholders determine how best to coordinate action and contribute to this massive undertaking. It will oversee all investments related to climate readiness and will co-produce the Annual Climate Readiness Summit, a destination event with broad relevance for all working to address the climate crisis. Areas for action include active transportation investments, building electrification, energy efficiency retrofits, EV infrastructure, heat mitigation, power grid upgrades, renewable energy, urban greening, and ZE public transit. Objectives •Position San Bernardino in the vanguard of climate action •Improve health outcomes and quality of life for area residents •Significantly reduce the City’s reliance on carbon-based energy       Packet Pg. 396 N E W L O C A L I S M A S S O C I A T E S | 32LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure Ready-to-go: •Zero-Emission Buses ($400.5M) •Complete Streets ($28.9M) •Fiber Network Installation ($166M) •City Hall Renovation ($93M) •Enhanced Infrastructure Financing District (n/a) Exploratory: •Climate-Ready SB Climate action has become an existential imperative. These investments will ensure that San Bernardino is climate-ready by creating a platform for resilient and connected growth       Packet Pg. 397 N E W L O C A L I S M A S S O C I A T E S | 33LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: Zero-Emission Buses Ready-To-Go Cost $200M Vehicles $45M Charging/fueling infrastructure $155M Operations and maintenance $500K Apprenticeship program Total: $400.5M Omnitrans will transition to an all-zero-emission bus fleet for its 40-foot buses by 2040.This multi-stage effort will require extensive investment across several domains, including fleet acquisition, maintenance facility upgrades, design and construction of fueling stations, operation and maintenance of fueling/charging stations, and hydrogen fuel (liquid or gas). A new last-mile shuttle service will encourage ridership by improving connections to downtown employment hubs. Omnitrans will also work to prepare workers to operate and maintain zero-emission vehicles, with training for incumbent workers and a new paid apprenticeship program in collaboration with San Bernardino Valley College. Objectives •Position San Bernardino in the vanguard of climate action •Significantly reduce the City’s reliance on carbon-based energy •Improve health outcomes and quality of life for area residents       Packet Pg. 398 N E W L O C A L I S M A S S O C I A T E S | 34LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: Complete Streets Ready-To-Go Investment in street improvements, street signage and striping, street trees, and transit signal prioritization for the sbX Green Line will help make downtown San Bernardino a more inviting urban environment for those traveling on foot, by bicycle, and via public transit. These measures will enhance beautification and implement design standards informed by community needs and local culture. Objectives •Create a safe, accessible, walkable downtown that supports a variety of multimodal transportation options •Mitigate heat downtown by expanding the urban tree canopy •Enhance the visual appeal of downtown streets Cost $18.2M Street improvements, signage, striping, etc. $3.2M Street tree planting $7.5M sbX transit signal prioritization Total cost: $28.9 M       Packet Pg. 399 N E W L O C A L I S M A S S O C I A T E S | 35LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: Fiber Network Installation Ready-To-Go Cost $150M Installation $16M Digital Inclusion Initiative Total: $166M Installation of a citywide fiber network will ensure that San Bernardino residents, businesses, and organizations have the connectivity they need. A companion Digital Inclusion Initiative led by an organization with community standing will conduct outreach and provide equipment and training to residents from historically disadvantaged and disinvested communities so that all can benefit from this investment. Objectives •Expand access to high-speed Internet citywide •Establish San Bernardino as an attractive location for innovation-intensive companies and research institutions •Address racial and ethnic disparities in high-speed Internet access and usage       Packet Pg. 400 N E W L O C A L I S M A S S O C I A T E S | 36LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: City Hall Renovation Ready-To-Go San Bernardino’s seven-story, 105,000 square-foot City Hall opened in 1974 as part of a centralized public- sector campus in the heart of downtown. In order to bring this facility back to full use, the now-unoccupied building will undergo a wholesale renovation that will include seismic retrofitting and removal and replacement of all core systems and components (e.g., HVAC, electrical, plumbing, ADA accessibility, fire protection, telecom, windows). Objectives •Modernize City Hall so that the building better serves City staff, residents, and visitors •Create a revitalized center of civic activity that inspires community pride Cost $25 M Architectural work $20 M Seismic retrofit $15 M HVAC $10 M Fire protection $10 M Site improvements $8 M Plumbing $5 M Electrical Total: $93 M       Packet Pg. 401 N E W L O C A L I S M A S S O C I A T E S | 37LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: Enhanced Infrastructure Financing District Ready-To-Go The City of San Bernardino will establish a citywide Enhanced Infrastructure Financing District (EIFD) in order to raise funds for needed public improvements. EIFD funding can be used for public improvements that provide community benefit and have an expected useful life of 15 years or more. Improvements under consideration include street improvements (e.g., re-paving, replacement of curbs, gutters, and sidewalks), park improvements (e.g., landscaping and irrigation system improvements, playground equipment), and improvements for public libraries, community centers, public safety facilities, and other city-owned facilities. Objectives •Address longstanding and future infrastructure needs •Improve public perception and quality of life for current and prospective residents and businesses Cost The cost to establish a citywide EIFD is minimal and will primarily consist of city staff time.       Packet Pg. 402 N E W L O C A L I S M A S S O C I A T E S | 38LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Infrastructure: Climate-Ready SB Exploratory Over the next five years, the City will embark on an extensive suite of investments that will together position San Bernardino as a leader on climate action. Investments in EV infrastructure, heat mitigation, transit decarbonization, community solar, and other climate-relevant areas will create a downtown that is powered by clean, renewable energy. The Climate Solutions Team (CST) will oversee these investments with an eye toward leveraging existing efforts and encouraging cross-sector collaboration to accelerate decarbonization. The CST will also work with stakeholders to ensure a just transition to carbon zero that sparks equitable economic growth and improves quality of life for all area residents. The CST will serve as the delivery team for Climate Ready SB. It will seek out subject matter experts and local stakeholders, identify needed investments, develop cost estimates, and devise a roadmap that stages and sequences investments for effective implementation. Total cost cannot be estimated until the specific elements of the roadmap are identified but given the number of infrastructure-related projects involved, the level of investment will be substantial. Objectives •Position San Bernardino as a leader on climate action and decarbonization •Create a cleaner and healthier environment for San Bernardino residents and businesses       Packet Pg. 403 N E W L O C A L I S M A S S O C I A T E S | 39LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Housing Ready-to-go: •Carousel Mall Redevelopment ($37M) •Heart Of Mobility TOD Project ($22M –30M) •Homelessness Initiative ($52.5M –72.5M) •Homeownership Initiative ($15M) •Downtown Habitat for Humanity Project ($750K) Exploratory: •Permanent Residential Real Estate Cooperative Though hollowed out today, the downtown core has a number of attributes that make it an attractive geography for transit-oriented redevelopment. By increasing housing density downtown and improving access to affordable housing, these investments will spark market interest and provide attractive options for area residents seeking an affordable, walkable, urban way of life.       Packet Pg. 404 N E W L O C A L I S M A S S O C I A T E S | 40LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoHousing: Carousel Mall Redevelopment Cost $5M Planning $12M Site preparation / demo $5M Labor $5M Streetscaping and urban greening $10M Workforce development Total: $37M Redevelopment of this long-vacant 43-acre property will send a clear signal that downtown San Bernardino is poised for a comeback. The project will bring new life downtown by creating space for academic and research institutions, industry, small businesses, workforce development, and other key contributors to the local innovation ecosystem. In addition, it will re-establish the historic street grid, expand workforce housing, and implement urban forestry and placemaking measures to enhance sustainability and walkability downtown. Objectives •Jumpstart sustainable development and expand accessible workforce housing downtown •Boost employment among San Bernardino residents through quality job creation and clear, well supported career pathways •Advance equitable economic development in the city via local hire and local procurement provisions       Packet Pg. 405 N E W L O C A L I S M A S S O C I A T E S | 41LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoHousing: Heart of Mobility Cost $10M Active Transportation Plan $6M-10M Seccombe Lake workforce housing $6M-10M Transit Center/San Manuel Stadium workforce housing Total: $22M –30M This transit-oriented development project will complement the Carousel Mall redevelopment and catalyze investment and increased housing density near the transit center, which sits at the south end of downtown. This initiative will work to impr ove resident health and reduce pollution and greenhouse gas emissions by diversifying transportation options in underserved communities and encouraging construction of walkable workforce and student housing in and around the downtown (including the Seccombe Lake inclusionary housing project, which will be led by a public-private partnership). The project will incorporate a wide range of climate-friendly measures, including energy-efficiency improvements for low-income residents, parking lot solar canopies, residential and commercial renewable energy, urban greening collaborations with local community college and elementary schools. Objectives •Create a vibrant, walkable, transit-oriented downtown •Enhance quality of life for all who frequent the core •Improve climate readiness in and around downtown •Mitigate the ongoing housing crisis       Packet Pg. 406 N E W L O C A L I S M A S S O C I A T E S | 42LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoHousing: Homelessness Initiative Cost 200-bed interim housing $26M-30M Construction $15M-20M Operations (5 years) 60-100-unit student housing $10M-20M Construction $1.5M-2.5M Operations (5 years) Total: $52.5M -72.5M over 5 years In order to meet rising demand among unhoused San Bernardino residents, the City is partnering with local stakeholders and nonprofits to expand interim / transitional housing options. Two projects —a 200-bed interim housing facility for men and men with children and a 60-100-unit transitional / permanent student housing complex—will provide additional shelter capacity and improve access to supportive services (e.g., substance abuse counseling, behavioral health, medical care, workforce training, assistance with entitlement benefits) in order to help homeless individuals successfully exit homelessness. Objectives •Expand availability of supportive housing for individuals experiencing homelessness •Improve student success by ensuring that homeless San Bernardino Valley College students have access to stable housing and wraparound support services       Packet Pg. 407 N E W L O C A L I S M A S S O C I A T E S | 43LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoHousing: Homeownership Initiative Cost $5M Down payment assistance loans $4M Revolving loan fund $4M Housing trust fund $2M Homeownership counseling and credit repair Total cost: $15M Increased homeownership can transform the lives of many San Bernardino residents by promoting stability and helping households build wealth over time. The City’s Homeownership Initiative will invest in programs to help prospective homebuyers overcome barriers to homeownership. These efforts will connect potential homeowners to financial assistance (e.g., grants and loans to help with down payments and/or closing costs) and buyer readiness programming (e.g., credit repair, education, counseling). It will also secure funds (including gap financing) to develop additional workforce housing that can be sold to low-to moderate-income residents. Objectives •Expand access to affordable workforce housing •Reduce housing cost burden on San Bernardino households •Increase the number of San Bernardino residents who own their homes       Packet Pg. 408 N E W L O C A L I S M A S S O C I A T E S | 44LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoHousing: Downtown Habitat for Humanity Project Habitat for Humanity San Bernardino will construct three four-bedroom houses in the northwest corner of downtown San Bernardino as part of its well-established Homeownership program. These three houses will enable three local low-income households to become first-time home-buyers. Objectives •Expand availability of affordable workforce housing •Reduce cost burden on San Bernardino households •Increase homeownership among San Bernardino residents Cost $750K Total development costs Total: $750K       Packet Pg. 409 N E W L O C A L I S M A S S O C I A T E S | 45LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryHousing: Permanent Residential Real Estate Cooperative The Uplift SB Housing Working Group will work with relevant stakeholders to establish the City’s first Permanent Residential Real Estate Cooperative (PRREC). Unlike a traditional housing cooperative made up of those living in a particular building, the PRREC will sell individual shares to community members interested in local control of and investment in San Bernardino’s neighborhoods. Members who live on the PRREC’s properties “will have [a] long-term renewable ‘diminishing rent lease’…[that] simulate[s] direct homeownership in many ways: tenants build equity and payments lessen over time as the building is paid off.” If a member-tenant decides to move out, they “sell” their lease in exchange for “a pre- determined price based on their equity contributions to date,” which will ensure “a modest return…as well as compensation for improvements.” Uplift SB will also work with the PRREC to connect local community members to programs and services that can increase homeownership readiness, avoid displacement, and support community wealth-building. The Uplift SB Housing Working Group will identify specific project elements, develop cost estimates, determine the appropriate ownership model, and devise a roadmap for securing funding, property acquisition, and phased implementation. Objectives •Preserve and expand the inventory of affordable housing in the City of San Bernardino •Increase lower-income residents’ access to wealth-building mechanisms •Encourage local investment in and control of residential real estate       Packet Pg. 410 N E W L O C A L I S M A S S O C I A T E S | 46LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Innovation Ready-to-go: •Sustainable Mobility Hub ($36.5M) •National Security Innovation Ecosystem ($161M) Last-mile: •Enterprise District •Downtown Satellite Campuses Exploratory: •Sustainable Logistics Center of Excellence •Annual Climate Readiness Summit Today’s economy is powered by innovation. From the latest in clean tech to that new small business down the block, innovators develop ideas, create jobs, and help regional economies grow. These investments will strengthen key drivers of the area economy in order to produce more competitive sectors, a stronger entrepreneurial culture, and a greater number of quality jobs.       Packet Pg. 411 N E W L O C A L I S M A S S O C I A T E S | 47LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoInnovation: Sustainable Mobility Hub Cost $25M Facilities $2.5M Staff (5 years) $2.5M Operations (5 years) $0.5M Programming (5 years) $5M Research funding $1M Leadership development program Total : $36.5M over five years Located in the heart of downtown, this hub will serve as a central location for interdisciplinary collaboration and innovatio n in the sustainable movement of people and goods, with ample space for meetings, workshops, and public events. CSUSB and UCR researchers, visiting scholars, private-sector leaders, public-sector actors, and local communities will come together to understand the current state of regional mobility and supply chain systems and develop a new vision for sustainable mobility that is grounded in a community-based perspective. It will house a leadership training program for business, government, and community-based organization stakeholders interested in sustainable practices. It will also encourage technology commercialization and company formation with help from the nearby Entrepreneurial Resource Center and will connect early - stage firms with opportunities to test and implement solutions that benefit area residents. Objectives •Establish the Inland Empire as a leader in sustainable mobility solutions •Conduct community-informed research in order to advance clean tech, sustainable growth, and job quality in logistics •Improve quality of life and health outcomes for area residents by implementing sustainable logistics and transportation       Packet Pg. 412 N E W L O C A L I S M A S S O C I A T E S | 48LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoInnovation: National Security Innovation Ecosystem Cost $1M Phase 1 (24 months) $160M Phase 2 (10 years) Total: $161M The NSF Regional Innovation Engines Project will build a coalition of academic institutions, nonprofits, companies, government entities, and others intent on creating a model regional innovation ecosystem. Led by the Inland Empire Center for Entrepreneurship (IECE) and School of Entrepreneurship (SoE) at CSUSB, this effort will galvanize user-inspired research, technology translation, and workforce development throughout the Inland Empire. Commercialization of national security innovations will be a central focus of this project. The ecosystem will identify new ways to connect innovations with a risk-taking entrepreneurial culture in order to drive user- inspired research and development and increase the translation of innovation to practice, which will in turn strengthen the regional economy. Objectives •Develop an effective ecosystem to support innovation-based economic development •Commercialize novel technologies and support entrepreneurship •Build a platform for regional innovation •Ensure underrepresented inventors and founders have equal access to defense-related innovation, intellectual property, commercialization support, and funding       Packet Pg. 413 N E W L O C A L I S M A S S O C I A T E S | 49LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Last-MileInnovation: Enterprise District An Enterprise District along E Street will re-establish downtown San Bernardino as a landmark destination in the Inland Empire. Building on the heroic revitalization efforts underway at the historic Enterprise Building (320 North E St), the District will bring new life to this once-vibrant commercial corridor. Thoughtful rehabilitation of the iconic Enterprise, Harris, Heritage, and Woolworth Buildings will provide ample transit-accessible space for a number of Playbook projects. When combined with space for private-sector firms, this concentration of economy-shaping assets will boost innovation activity and encourage entrepreneurship, small business growth, and job creation in and around the downtown core. With close proximity to the San Bernardino Transit Center and sbX bus line as well as the E Street Arts Corridor, Carousel Mall redevelopment, and Heart of Mobility project, the Enterprise District will provide an ideal environment for workforce housing and local-serving businesses of all kinds, including restaurants, bars, coffeeshops, and boutiques. A delivery team composed of decisionmakers from the Enterprise Building, the City of San Bernardino, CSUSB, Uplift SB, and other relevant stakeholders will identify specific project elements, develop cost estimates, and devise a roadmap for securing funds and phased implementation. Objectives •Cultivate a vibrant, amenity-filled downtown that encourages innovation, entrepreneurship, and small business growth •Reestablish E Street as a dynamic commercial corridor and popular Inland Empire destination •Boost activity in downtown San Bernardino during and after workday hours       Packet Pg. 414 N E W L O C A L I S M A S S O C I A T E S | 50LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Innovation: Downtown Satellite Campuses Last Mile The high level of transit accessibility in Downtown San Bernardino makes it an ideal location for satellite branches of regional academic institutions. Whether independently or as part of a larger shared facility, California State University San Bernardino; California Baptist University; San Bernardino Community College District; and the University of California, Riverside will establish a physical presence in the downtown core in order to expand access to higher education and pathways into quality jobs. A delivery team composed of stakeholders from participating academic institutions and city government will determine the size and scope of facilities needed, develop cost estimates, and devise a roadmap for securing funds and phased implementation. Objectives •Expand access to training, services, and resources provided by area academic institutions •Establish a physical presence for regional academic institutions in downtown San Bernardino       Packet Pg. 415 N E W L O C A L I S M A S S O C I A T E S | 51LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Innovation: Sustainable Logistics Center of Excellence Exploratory A California Sustainable Logistics Center of Excellence in downtown San Bernardino will accelerate multidisciplinary, cross-sector innovation in order to address pressing challenges facing the logistics sector, including decarbonization and climate adaptation, skilled workforce development, and economic competitiveness and resilience. This 20,000 ft 2 facility will bring together key stakeholders from industry, academia, and government in order to establish the Inland Empire as a global exemplar of next-generation sustainable logistics. Special emphasis will be placed on building capacity to deliver educational programs and experiential learning opportunities to students from high school to PhD. The Center will provide access to facilities where academic and industry partners can conduct demonstration projects on innovative new technologies. Partners will be able to use onsite facilities as well as a network of testbeds and specialized equipment located throughout the region. UCR’s Entrepreneurial Proof of Concept and Innovation Center (EPIC) and CSUSB’s Entrepreneurial Resource Center (ERC) will help technology startups access specialized mentorship and seed capital for proof-of-concept demonstrations. It will also support the formation of employer-led workforce development partnerships as well as collaborations among logistics companies on workforce development, decarbonization, and hyperconnected logistics models powered by multiparty networks and open synchromodal technologies. Other participating academic institutions will include the San Bernardino Community College District, the Riverside Community College District, Chaffey College, Cal Poly Pomona, CSU Long Beach, and CSU Fullerton. Objectives •Establish the Inland Empire as a global leader in sustainable logistics and supply chain innovation •Expedite decarbonization at scale in the logistics sector •Increase collaboration among industry employers, higher education, and other relevant stakeholders •Strengthen career pathways into quality jobs within the sustainable logistics sector       Packet Pg. 416 N E W L O C A L I S M A S S O C I A T E S | 52LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Innovation: Annual Climate Readiness Summit Exploratory The City of San Bernardino and Inland Economic Growth and Opportunity (IEGO) in conjunction with the California Air Resource Board (CARB), California State University San Bernardino (CSUSB), and University of California Riverside (UCR), will host an Annual Climate Readiness Summit for those working to end reliance on carbon-based fuels throughout the world. Each year, industry leaders in logistics, transportation, manufacturing, and materials science; subject matter experts; K-16 education and workforce development; state and local government; Tribal representatives; community-based organizations; private-sector investors; and philanthropies will convene to set goals and priorities, share solutions and lessons learned, and identify next steps. This destination event will attract global thought leaders and key actors in the fight for carbon zero. IEGO and the Climate Solutions Team will serve as the delivery team for this annual event. They will design the program, identify speakers and workshop facilitators, develop cost estimates, secure funding, and oversee event production. Objectives •Position San Bernardino in the vanguard of climate action •Provide a venue for sharing novel climate solutions and lessons learned •Build community and encourage collaboration among those involved in the rapid decarbonization effort       Packet Pg. 417 N E W L O C A L I S M A S S O C I A T E S | 53LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Entrepreneurship Ready-to-go: •Entrepreneurial Resource Center ($5M –7.5M) •Food Entrepreneurship Hub ($3.9M) •Supply SB ($19M) •Center for Youth Financial Literacy and Entrepreneurship Exploratory: •Local Small Business Retail Plaza Entrepreneurship and small business activity are important drivers of job growth, wealth creation, and economic resilience—provided that company founders and would-be entrepreneurs have ready access to support services, mentorship, and capital. The investments in this section will make the most of San Bernardino’s existing entrepreneurial assets in order to support startup activity and small business success       Packet Pg. 418 N E W L O C A L I S M A S S O C I A T E S | 54LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoEntrepreneurship: Entrepreneurial Resource Center Cost $5M-7.5M Facilities, staff, programming, and services Total: $5 M –7.5M The Entrepreneurial Resource Center (ERC) will provide a centrally located, transit-accessible downtown hub for small business resources and support. It will bring together a wide range of entrepreneurial support organizations to provide a full spectrum of training, technical assistance, and access to resources for small business owners and entrepreneurs in the area. The ERC will work with both aspiring and existing entrepreneurs to increase the rate of business creation and foster greater success and long-term sustainability for local small businesses. Anchored by the Inland Empire Center for Entrepreneurship and CSUSB’s School of Entrepreneurship, the ERC will provide support for every stage of company formation. It will also work with the Supply SB supplier diversity initiative to connect local small businesses to contract-readiness programming and sales opportunities. Objectives •Establish a continuum of support for local entrepreneurs and small business owners •Provide long-term support in order to ensure small business success •Address disparities in small business ownership and entrepreneurship •Increase coordination and collaboration among entrepreneurial support organizations in the region       Packet Pg. 419 N E W L O C A L I S M A S S O C I A T E S | 55LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoEntrepreneurship: Food Entrepreneurship Hub Cost $ 1.5M Commissary kitchen $ 750K SBDC Eats $ 625K Market program $ 500K Technical assistance $ 500K Food hall Total : $3.875M over five years The Downtown Food Entrepreneurship Hub will provide much-needed assistance and resources for area residents interested in opening a food-based business. The Hub will connect entrepreneurs with comprehensive programming and support aligned to the particular needs of food-based companies. Local community organizations will provide technical assistance and programs in English and Spanish for food entrepreneurs in the region. The Hub will either be integrated into the Entrepreneurial Resource Center or will remain a standalone project nearby. It will feature a commercial kitchen that can be rented by the hour or by the day on a sliding-scale basis to ensure access for economically disadvantaged entrepreneurs. This affordable production space will help food entrepreneurs expand their businesses. A temporary food hall nearby (e.g., container park, designated food truck parking lot) will provide low-cost retail space for new food businesses as the Hub is built. Objectives •Support the success of local food-based businesses •Boost entrepreneurship by leveraging and encouraging collaboration among existing program offerings •Expand retail and dining options in downtown San Bernardino       Packet Pg. 420 N E W L O C A L I S M A S S O C I A T E S | 56LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Entrepreneurship: Supply SB Ready-to-go Supply SB will organize and leverage anchor institutions’ purchasing power to grow locally owned small businesses and advance supplier diversity in San Bernardino. The Inland Empire Center for Entrepreneurship (IECE) and its Procurement Center program (which is run through the Inland Empire Small Business Development Center) will head up this initiative. IECE will develop and implement a comprehensive array of programs aimed at aligning member anchors’ procurement processes and engaging minority-and women-owned small businesses in the local contracting process. A staff of 3-4 FTEs will work with local anchors to assess purchasing demand, improve procurement policies and practices, and inventory local vendors —all with an eye toward matching member anchors with area firms that can meet their procurement needs. Supply SB will also work to expand the capacity of local small businesses, with particular emphasis on minority-and/or women-owned vendors. As a key component of the proposed downtown Entrepreneurial Resource Center (ERC), it will connect local business owners to the programming, resources, and expertise they need to compete successfully for anchor contracts. Objectives •Leverage anchor purchasing power in support of local small businesses (with a focus on Latino -, Black-, and/or woman- owned firms) •Increase diversity of vendors winning anchor procurement contracts •Promote wealth-building by accelerating sustainable growth among local Brown-and Black-owned small businesses Cost $19M Facilities, staff, programming, and services (seven years) Total: $19M over seven years       Packet Pg. 421 N E W L O C A L I S M A S S O C I A T E S | 57LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryEntrepreneurship: Center for Youth Financial Literacy and Entrepreneurship The Center for Youth Financial Literacy and Entrepreneurship (CYFLE) will provide a transit-accessible hub that connects young people to relevant programs and resources offered by Uplift SB and other stakeholders. Situated in the downtown Enterprise District, the CYFLE office will match San Bernardino youth to educational programming, coaching, and mentorship so that they can acquire financial management know-how and engage in entrepreneurial activity. Co-location with the Entrepreneurial Resource Center and the Food Entrepreneurship Hub will create opportunities to leverage resources, space, and programming across all three initiatives. Uplift SB will work with relevant stakeholders to develop this project and devise a roadmap for securing funding and phased implementation. Objectives •Increase the financial literacy of young people in San Bernardino •Encourage entrepreneurial activity among San Bernardino youth Cost $ 1.25M Programming ($250K per year) $ 750K Operations, staffing, physical space ($150K per year) $ 250K Marketing and outreach ($50K per year) Total : $2.25M over five years       Packet Pg. 422 N E W L O C A L I S M A S S O C I A T E S | 58LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryEntrepreneurship: Local Small Business Retail Plaza In order to expand local entrepreneurs’ access to affordable retail space, Uplift SB will work with a coalition of local partners to acquire a transit-accessible multi-unit retail plaza within walking distance of downtown. After acquiring the property, this coalition will make needed building and grounds improvements and work with the Entrepreneurial Resource Center and other community actors to rent vacant units to local small business owners in need of affordable commercial leases. Uplift SB and coalition partners will be able to connect tenants to small business resources in the city and guarantee that these commercial spaces remain permanently affordable, with a sliding rent scale to accommodate a broader range of entrepreneurs. Uplift SB’s Small Business Resource Group will identify specific project elements, develop cost estimates, determine the appropriate ownership model for the plaza, and devise a roadmap for securing funding, property acquisition, and phased implementation. Objectives •Support local entrepreneurs working to grow their businesses •Increase the inventory of affordable commercial space for local small businesses •Use colocation to encourage peer learning and collaboration among local small business owners       Packet Pg. 423 N E W L O C A L I S M A S S O C I A T E S | 59LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Community Ready-to-go: •Cybersecurity Workforce Tech Hub ($6.75M) •El Sol Holistic Center ($1.5M) •Community Leadership Empowerment Workshop ($0.5M) •Olympic Aquatic Center ($43M) Last-mile: •Institute for Child Development and Family Relations –Downtown ($20.5M) •Economic Opportunity Center Exploratory: •E Street Arts Corridor •Inland Port Career Resource Center •Purposeful Pathways Initiative Investments in economic development have all too often accelerated gentrification, alienating long-time residents and increasing displacement in job and housing markets. These investments will expand opportunities, improve outcomes for all residents, and keep the wealth and prosperity generated by Playbook investments in the community.       Packet Pg. 424 N E W L O C A L I S M A S S O C I A T E S | 60LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoCommunity: Cybersecurity Workforce Tech Hub This new workforce and apprenticeship hub in downtown San Bernardino will address rising demand for skilled cybersecurity professionals by providing a well-coordinated combination of career exploration, classroom instruction, mentorship, and experien tial learning opportunities. As part of the Inland Empire Cybersecurity Initiative (IECI), this proven model for cyber workforce d evelopment will build on the nationally recognized cybersecurity program at CSUSB, with active collaboration from area community college s and K- 12 schools as well as private -and public-sector employers. Given that CSUSB and its community college partners are Hispanic -Serving Institutions with large numbers of students of color (including many who are economically disadvantaged and/or first -generation), Hub programming will boost student economic mobility and help rectify racial and ethnic disparities in the region. Objectives •Establish a transit-accessible downtown hub for workforce development in cybersecurity •Develop clear, well-supported pathways into quality cybersecurity careers •Strengthen collaboration among area K-12, community colleges, universities, and public-and private-sector employers •Boost economic mobility for economically disadvantaged students, students of color, and first -generation students Cost $2M Staff (five years) $1.5M Facilities $1M Sensitive Compartmented Information Facility (SCIF) $1M Hub management (five years) $750K Hardware, software, equipment $250K Marketing and outreach $250K Programming and expert stipends Total: $6.75M over five years       Packet Pg. 425 N E W L O C A L I S M A S S O C I A T E S | 61LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoCommunity: El Sol Holistic Campus Cost $2M Gap funding Total: $2M An expansion of this established community transformation hub on a 1.9-acre parcel northeast of Seccombe Lake will provide additional space for culturally specific health education, basic health screenings, wellness classes, peer-to-peer counseling, and educational services for vulnerable San Bernardino residents. Designed in collaboration with community members, the El Sol Holistic Campus will provide space for service provision alongside gardens for food and healing, a playground, a children’s amphitheater, a basketball court, a turf play area, and a two-story Learning and Community Center. This new facility will include space for recreational activities and cultural pursuits, children’s playroom, library,art gallery, cafeteria,and a commercial kitchen for onsite food preparation. Flexible multipurpose space will be available for events, meetings, workshops, and other community uses, with sliding-scale rental fees to ensure accessibility. Objectives •Strengthen an established community organization that has a proven track record working with San Bernardino’s most vulnerable communities •Increase access to health care, education, recreation, and social services in the downtown core       Packet Pg. 426 N E W L O C A L I S M A S S O C I A T E S | 62LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoCommunity: Community Leadership Empowerment Workshop Cost $500K Workshop costs (over five years) $100K Coordination across existing programs Total: $600K over five years The nine-session Community Leadership Empowerment Workshop (CLEW) program builds leadership skills, community empowerment, and urban planning know-how among cohorts of area residents. Designed to support inclusive community and economic development, this program will act as a safeguard against gentrification, displacement, and community disinvestment. Each 15-20-person cohort costs less than $50K to run. CLEW graduates have gone on to work in their communities at all levels, ranging from neighborhood projects to local elected office. Adoption of the CLEW model—possibly as part of Uplift SB programming—will provide a clear signal that San Bernardino is embracing an equitable, community-informed approach to economic development. Objectives •Build leadership skills, empowerment, and urban planning know-how among community residents •Guard against displacement and disinvestment •Ensure economic development is responsive and authentic to the local community       Packet Pg. 427 N E W L O C A L I S M A S S O C I A T E S | 63LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoCommunity: Olympic Aquatic Center Cost $20M Infrastructure / construction $8.6M Pools $4.4M Additional project costs $10M Annual operating costs (five years) Total: $43M An Olympic aquatic center in Ward 5 will boost quality of life, improve access to exercise options, and establish San Bernardino as a destination location for aquatics competitions. This 65,000 square foot state-of-the-art facility will be composed of three swimming pools with space for spectators; a building for platform diving; non-aquatic exercise areas; meeting rooms; event space; party rental gazebos; and a playground. Core activities will include swimming activities for all ages, competitions and other large aquatic events, aerobics and other exercise training in an aquatic environment, and weekend facility rentals. Free water safety workshops and sliding-scale swimming lessons will ensure that area residents have the skills and knowledge needed to prevent drowning accidents. Objectives •Promote healthy living in San Bernardino by expanding the range of exercise opportunities •Provide needed water safety education and swimming lessons for area residents •Boost tourism by attracting major aquatics competitions to San Bernardino       Packet Pg. 428 N E W L O C A L I S M A S S O C I A T E S | 64LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Ready-To-GoCommunity: Institute for Child Development and Family Relations –Downtown Cost $12M Facilities construction $7.5M Operations (five years) $1M Startup costs Total: $20.5M The Institute for Child Development and Family Relations –Downtown (ICDFR –Downtown) will serve as a community hub committed to the well- being of parents, children, and families in the San Bernardino community through a combination of education, direct services,and research. This centrally located, transit-accessible facility will support delivery and expansion of the ICDFR Science of Parenting parent education program, offer child assessments and cognitive training through its Family Assessment Center in order to identify children with learning needs and enhance their success in school, and offer in-person courses and certificate programs for professionals who serve children and families in San Bernardino. The ICDFR –Downtown will also house the Child and Families Research Center, which will conduct and support community-university partnership- based research on child development, parenting, work-family balance, child mental health, and family well-being. To further extend its capacity, the ICDFR –Downtown will leverage existing relationships with community agencies and funding partners such as First 5 of San Bernardino County, San Bernardino County Superintendent of Schools, Children’s Network, Child Care Resource Center, San Bernardino County Sheriff’s Department, Community Action Partnership of San Bernardino County, and the Making Hope Happen Fou ndation. Working in collaboration with community partners, it will also serve as a Family Resource Hub for parents and families, offering after school programming with developmentally appropriate activities, education events, and access to child and family resources in the community. Objectives •Improve the long-term health and well-being of San Bernardino residents •Support healthy development of San Bernardino children and youth •Develop the workforce that will serve children and families in the future       Packet Pg. 429 N E W L O C A L I S M A S S O C I A T E S | 65LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Community: Economic Opportunity Center Last-Mile An Economic Opportunity Center constructed on land owned by the City of San Bernardino will provide needed physical infrastructure, programming, and staff support for local street vendors and day laborers. Classroom and conference space for tailored programming will support the success of area street vendors and day laborers. The Center will include a commercial kitchen that can be rented by the hour or by the day on a sliding-scale basis. This affordable production space will help food-based street vendors interested in expanding their businesses. The Center will also serve as a safe, well-regulated hiring hub for area day laborers seeking work. Objectives •Improve quality of life and reduce economic exploitation among local day laborers and street vendors •Expand access to city services for local street vendors and day laborers •Provide a central hub for area contractors seeking day laborers •Increase business activity near the proposed site       Packet Pg. 430 N E W L O C A L I S M A S S O C I A T E S | 66LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryCommunity: E Street Arts Corridor The E Street Arts Corridor will strengthen the San Bernardino creative economy by providing a designated geography for arts and cultural activities. This downtown arts district will extend from the Garcia Center for the Arts to West 2nd and West Rialto, encompassing the Stu rges Center for the Fine Arts and the California Theatre of the Performing Arts as well as two new facilities, Creativ.IE and the 440 Court Building. Creativ.IE: This mixed-use arts entrepreneurship lab will provide a hub for working artists and creative entrepreneurs, with free/low-cost artist studios and maker space, retail space for artists to sell their work, a digital media center, a photo lab, a recording studio , and a culinary arts kitchen and café. Creativ.IE will also feature a creative-in-residence program to support entrepreneurial working artists. Led by Arts Connection in partnership with other arts organizations, the San Bernardino City Unified School District, San Bernardino Valley College, CSUSB, and leaders in the creative economy, Creativ.IE will work to establish and promote strong, well-supported pathways into creative careers in the Inland Empire. 440 Court Building: Located in the heart of the Enterprise District, this historical building will complement existing arts assets by providing flexible, multipurpose space for large-scale events and exhibitions, performing arts rehearsals, classes, and conferences. It will also offer sliding-scale office space for local nonprofit organizations. Strong relationships with Creativ.IE, the Garcia Center for the Arts, and other local arts organizations will encourage collaborations within the local arts community while avoiding duplicative effort and invest ment. A delivery team composed of decisionmakers from Arts Connection, the Garcia Center for the Arts, and other local arts organiz ations; the City of San Bernardino; and other relevant stakeholders will identify specific project elements, delegate responsibilities, develop c ost estimates, and devise a roadmap for securing funds and phased implementation. Objectives •Cultivate an ecosystem to support working artists, creative workers, and arts -oriented entrepreneurs •Increase coordination and collaboration between local arts organizations and the City of San Bernardino •Provide support to strengthen and grow the arts community and increase revenues from arts-related activities •Build strong relationships between the arts community and area K-12 and higher education in order to support arts education and pathways into creative careers.       Packet Pg. 431 N E W L O C A L I S M A S S O C I A T E S | 67LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryCommunity: Inland Port Career Resource Center An Inland Port Career Resource Center (IPCRC) in San Bernardino will expand capacity for skilled workforce development by providing transit-accessible training for potential and incumbent workers in the region. Headed up by key stakeholders from Just SB and other relevant entities, the IPCRC will connect area residents with clear, well-supported pathways into high-demand careers that require some level of acquired skill (including those related to climate adaptation). Career pathways will emphasize work-based learning, using earn-and-learn apprenticeship and internship models whenever possible in order to give trainees real-world experience and reduce the likelihood that they will need an additional job in order to make ends meet. The IPCRC will improve collaboration and coordination within the area workforce development ecosystem by bringing together relevant stakeholders from the private sector, P-12 and postsecondary education, workforce training, state and local government, support services and community organizations in order to support worker success and align IPCRC offerings with employer demand. To maximize impact, the IPCRC will proactively recruit area residents, working with trusted community organizations to tailor outreach so that it speaks to the distinct needs, concerns, and priorities of each target audience. It will also connect trainees to needed wraparound supports as they move along their career pathways so that barriers such as unreliable transportation and lack of childcare, limited career awareness and guidance, and poor study skills do not stand in the way of their success. Objectives •Establish well-supported and easily navigated pathways into quality jobs in the IE •Increase the number and proportion of IE residents with quality jobs (particularly within disadvantaged and disinvested communities in the region) •Ensure that area employers have access to the skilled workers they need to grow       Packet Pg. 432 N E W L O C A L I S M A S S O C I A T E S | 68LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 ExploratoryCommunity: Purposeful Pathways The Purposeful Pathways initiative will strengthen career pathways relevant to the San Bernardino economy and community by improving outreach to students and families and expanding student access to programming and wraparound support. Special care will be taken to work with local communities in a supportive and culturally responsive manner. Outreach and engagement strategies will be tailored to the distinct needs, concerns, and priorities of each target audience. Mutually beneficial partnerships with community organizations that have earned the trust of target audiences will help connect with communities that historically have been harder to reach. In order to ensure maximum benefit to San Bernardino’s disadvantaged and disinvested communities, the initiative will also boost access to needed wraparound supports that will give students peace of mind and support their success as they pursue their passions and prepare for their careers. Decisionmakers from Just SB will work with relevant stakeholders to determine how best to boost awareness of career pathway options and support students as they select and pursue specific pathways. Objectives •Improve students’ ability to pursue well-supported and easily navigated pathways into quality jobs •Increase the number and proportion of San Bernardino students on pathways into quality jobs (particularly within disadvantaged and disinvested communities) •Ensure that area employers have access to the skilled workers they need to grow       Packet Pg. 433 Contents N E W L O C A L I S M A SS O C I A T E S Summary Context Playbook Vision Playbook Projects Next Steps       Packet Pg. 434 N E W L O C A L I S M A S S O C I A T E S | 70LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 San Bernardino has the opportunity to become a model 21st-century city Infrastructure Create a sustainable and connected platform for equitable growth Housing Increase housing density near multimodal transit Innovation Invest in key drivers of the Inland Empire economy Entrepreneurship Support startup activity and small business success Community Expand opportunities and improve outcomes for all residents Capacity Ensure that stakeholders have the capacity to design and implement projects       Packet Pg. 435 N E W L O C A L I S M A S S O C I A T E S | 71LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 These next steps will help San Bernardino harness the full potential of this Playbook 1.Confirm and launch Nerve Center. This entity will play a crucial role in virtually every aspect of Playbook development and implementation. 2.Raise local capital and grow local capacity first. In order to build momentum and capacity for these transformational projects, San Bernardino will need to raise considerable local capital, with soft commitments for additional support as other public and private funding is secured. 3.Match local uses with available funding sources. Once project specifics and costs are ironed out, the Nerve Center will work with local stakeholders to secure funding for projects. This work may involve road shows to present the Playbook to potential funders (e.g., state and federal policymakers, philanthropies, corporations). 4.Deploy Delivery Teams. Last-mile and Exploratory Playbook projects will need further development in order to move forward. Delivery Teams composed of local stakeholders can help ensure that these high-impact but less-concrete projects come to fruition. 5.Break ground on projects as soon as possible. All Playbook stakeholders should have a bias toward action and maintaining momentum.       Packet Pg. 436 N E W L O C A L I S M A S S O C I A T E S | 72LIVING DOCUMENT –UPDATED NOVEMBER 30, 2022 Three entities will help monitor and implement the San Bernardino Investment Playbook Nerve Center Steering Committee •Oversees Playbook execution •Provides guidance for local organizations implementing projects •Supports fundraising for Playbook projects Nerve Center Support Staff •Provides day-to-day support on project implementation •Helps organizations improve project design, expand capacity, and secure funding Delivery Teams •Get Last-Mile and Exploratory Playbook projects ready to go •Work with stakeholders to secure funds and implement projects       Packet Pg. 437 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAKING HOPE HAPPEN FOUNDATION This Agreement is made and entered into as of June 30, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Making Hope Happen Foundation, a Corporation, with its principal place of business at 599 N. E St, San Bernardino, CA. 92401 (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: 1. INVESTMENT PLAYBOOK NERVE CENTER (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Scope of Services set forth in Exhibit “A.”, Schedule of Charges set forth in Exhibit “B.”, and Project Cost Summary set forth in Exhibit C. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $700,000.00. This amount is to cover all related costs,       Packet Pg. 438 and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s so le discretion and approved (if needed) for budget funding by the City Council. 6. Term. This Agreement shall be from June 30, 2023 to June 30, 2024, unless the Agreement is previously terminated as provided for herein (“Term”). Upon approval by the Mayor and City Council, the City may execute an amendment to the original agreement extending the term for an additional year, with a maximum of three (3) calendar years total under this agreement. Consultant shall meet any other established schedules and deadlines set forth in the Schedule of Charges set forth in Exhibit “A.” 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.       Packet Pg. 439 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this sec tion, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. 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.       Packet Pg. 440 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has pr ovided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability       Packet Pg. 441 (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance 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       Packet Pg. 442 “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.       Packet Pg. 443 h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the locati on and operations to which the insurance applies, and the expiration date of such insurance. i. 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 claim s-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 here in shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s       Packet Pg. 444 indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium pa id 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. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification.       Packet Pg. 445 a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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       Packet Pg. 446 Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 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.       Packet Pg. 447 27. Organization. Consultant shall assign Karen Suarez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Cory Hodges With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Making Hope Happen Foundation 599 N. E St, San Bernardino, CA. 92401 Attn: Nikki Dettman, Executive Director 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       Packet Pg. 448 offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 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.       Packet Pg. 449 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 450 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MAKING HOPE HAPPEN FOUNDATION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney MAKING HOPE HAPPEN FOUNDATION Signature Niki Dettman Name Executive Director Title       Packet Pg. 451 EXHIBIT A SCOPE OF SERVICES At the direction of the City, the Nerve Center will assist in the proper execution of the City of San Bernardino Investment Playbook. To successfully carry out its objective, the Nerve Center will: 1. Establish a Steering Committee, composed of leaders from the public, civic, nonprofit, and private sectors, that will collaborate with, and provide strategic guidance to Investment Playbook implementation. 2. Ensure the Nerve Center is staffed by individuals who will support the Nerve Center, and the Director(s) in executing the projects in the Playbook. 3. Establish Delivery Teams, or small groups led by respected and experienced leaders from across sectors, that will work in close coordination with the support staff on project design, finance, delivery, organizational structure, and capacity building. 4. Identify and appoint a Nerve Center Director, or Co-Directors with the capability to spearhead the initiative. The Nerve Center will be responsible for carrying out a variety of activities that involve, but may not be limited to, the following: TASK 1: STRATEGIC RESEARCH AND ANALYSIS • Conduct background research on projects identified in the Investment Playbook; and • Evaluate existing research and propose cohesive strategy for moving the Investment Playbook forward. TASK 2: STAKEHOLDER ENGAGEMENT • Conduct multiple one-on-one visits with key stakeholders; and • Work with local stakeholders to ensure progress on all investments; and • Make connections and identify synergies with organizations and investments to streamline work; and • Build and maintain relationships with federal, state, and local funders; and • Collaborate on advocacy for key projects. TASK 3: PROJECT COORDINATION • Work with stakeholders to evaluate potential projects; and • Ensure investments stay aligned with the broader goals of the community; and • Step in to support specific investments when needed; and • Focus stakeholder attention and maintain a sense of urgency; and • Maintain a master list of projects and align it with allocations of federal and state funds; and • Track progress and hold organizations accountable; and • Help organizations improve project proposals and identify funding opportunities. TASK 4: SECURING PROJECT FUNDING       Packet Pg. 452 • Secure local philanthropic funding to implement the Playbook and ensure the success of projects; and • Improve state, federal, and national grant applications by identifying grant opportunities, vetting drafts, and providing research and writing support; and • Secure additional follow-on funding by helping to facilitate a ‘road show’ of the Playbook to private foundations and state and federal policymakers. As noted above, the Nerve Center will be expected to designate an individual or individuals to fulfill the role of the Program Director (Director) or Co-Directors, who will be responsible for operating and overseeing the Nerve Center, and supporting the Steering Committee and Delivery Teams. The Director(s) will work in a leadership role to identify, create, manage, and promote an inclusive, evolving local project pipeline; encourage aligned, complementary efforts; and aid in the areas of identifying potential funding resources, reviewing, and improving project grant applications, supporting organizational capacity gaps and identifying subject-matter experts to assist, when needed. The Director(s) will support the development of a common framework to inform the strategic Delivery Teams and communicate progress to the Steering Committee, Advisory Board, City, and other Stakeholders. This position will work collaboratively with the Steering Committee Chair. Essential Functions of Director(s): • Provide facilitation of and communication between and among the Steering Committee, Delivery Teams, and other Stakeholders; • Develop and update Project Pipeline tracking to include inventory, status, partners, and funding sources as informed by Steering Committee priorities and Delivery Team projects; • Catalogue funding opportunities/facilitate proposal development; • Develop and manage networks of relationships across projects; • Build and maintain relationships with local, state, and federal funders; • Convene and facilitate work sessions with Delivery Teams to ensure continual progress and successful project outcomes; • Identify project/organizational capacity gaps and provide support in those areas, coordinating with local and external subject-matter experts when appropriate; • Work with the Steering Committee to establish contractual terms and conditions and serves as primary liaison to other contractors (lobbying firm, etc.); • Prepare and maintain risk log to record risks and issues related to the Playbook implementation, particularly related to community-facing issues. Monitors resolution of each issue; • Work with the Steering Committee to help ensure investments stay aligned with the broader goals of the community as informed by community engagement as well as existing and future strategic planning efforts; • Create metrics to promote accountability and help inform prioritization efforts and identify investment opportunities; • Communicate the mission, goals, and progress of the Playbook’s implementation; and • Oversee day-to-day activities and perform other duties as needed or assigned.       Packet Pg. 453 EXHIBIT B SCHEDULE OF CHARGES       Packet Pg. 454       Packet Pg. 455       Packet Pg. 456       Packet Pg. 457       Packet Pg. 458       Packet Pg. 459 EXHIBIT C PROJECT COST SUMMARY       Packet Pg. 460       Packet Pg. 461       Packet Pg. 462       Packet Pg. 463 EXHIBIT D KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS 1. Performance Expectations • A Performance Measurement Plan (“Performance Plan”) will be developed by the City Manager’s Office and the Community and Economic Development Department and will be reviewed on a monthly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below: • Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City Office of the City Manager and present and discuss performance measures, if requested. • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis 2. Performance Measures 1. Safety: a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility 2. Quality: a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something. b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete. 3. Cost Savings: a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the City. 4. On-Time Delivery: a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier. b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous sample       Packet Pg. 464 DISCUSSION City of San Bernardino Request for Council Action Date:June 30, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Bottom Line: Fiscal Impact Presentation and Discussion (All Wards) Recommendation: No action will be taken at the June 30, 2023, Mayor and City Council Workshop. Staff will bring back recommendations for the Mayor and City Council to further discuss and consider at a future meeting.       Packet Pg. 465 The Bottom Line: Fiscal Impact City-Wide Initiatives and Staffing Realignment to Reach Goals Presented by: Suzie H. Soren, Director of Human Resources Barbara G. Whitehorn, Agency Director of Administrative Services 1       Packet Pg. 466 •Strategic Reserve Overview •Staffing Comparison Over Time •2007/08 to Current •Strategic Staffing and Alignment •Community, Housing and Economic Development •Housing & Homelessness •Economic Development •Planning Presentation Overview 2       Packet Pg. 467 •Strategic Staffing and Alignment (cont.) •Parks & Recreation •Animal Services •Public Works / Project Management •City Manager’s Office •Department Realignments and Title Changes •Bottom Line •Cost of Strategic Initiatives •Cost of Strategic Staffing Realignments Presentation Overview 3       Packet Pg. 468 4 Strategic Reserve Items Included in Strategic Reserve: Department/Division Item Amount Included Housing Housing Compliance Specialist $ 117,021 Housing Housing Project Assistant 79,834 Economic Development Economic Development Director 280,376 Economic Development Administrative Assistant 80,549 Economic Development Economic Development Managers (3)558,654 Planning Administrative Assistant 80,549 Planning Associate Planner 126,823 Planning Planner Technician 81,025 Planning Reclassify Planning Aide to Planner Tech.11,265 One Stop Shop Bi-Lingual Senior Customer Service Rep.95,987 One Stop Shop Ombudsperson 138,122       Packet Pg. 469 5 Strategic Reserve Items Included in Strategic Reserve: Department/Division Item Amount Included Parks, Rec. & Comm. Srvcs.Deputy Director $ 204,001 Animal Services Deputy Director 204,001 Animal Services Registered Veterinary Technician 81,259 Animal Services Veterinary Assistant 66,554 Public Works – Capital Projects Project Managers (3)514,839 Public Works – Land Development Land Development Engineer 171,613 City Manager’s Office Legislative & Gov’t Affairs Mgr.173,873 City Manager’s Office Assistant City Manager 297,175 City Manager’s Office Advocacy Contracts – State & Federal 250,000 Planning Savings from reclassifications (81,591) TOTAL $ 3,531,929       Packet Pg. 470 6 Additional Priorities Items “In the Hopper,” unfunded, and anticipated in FY 2023/24 or 2024/25 Item Amount Timing Park Ranger Program 505,900 FY 2024/25 Additional Security Costs – Estimate 1,256,000 FY 2023/24 One Stop Shop – Additional Cost of Buildout 400,000 Mid-Year ADA Master Plan, Phase 1 500,000 Mid-Year Bridge Master Plan 500,000 Mid-Year Preliminary Engineering and Space Study – City Hall 300,000 FY 2023/24 TOTAL $ 3,461,900       Packet Pg. 471 Staffing Comparison Over Time 7       Packet Pg. 472 Departments and Divisions Staffing Levels pre-bankruptcy (FY 2007/08) and current Department / Division Pre-Bankruptcy (FTE) Current Staffing (FTE)Current as % CED Planning Division 14 10 71% CED Economic Development Division 6 3 50% CED Code Enforcement Division 32 21 66% Parks & Recreation Department (all positions)32 23 72% Police Department (all positions)516 421 82% PW Project Management/Capital Projects Division 14 3 21% Human Resources Department 16 14 88% Animal Services Department 25 27 108%Current staff inadequate to current needs Percentages don’t tell the whole story! 8       Packet Pg. 473 Departments and Divisions Staffing Levels pre-bankruptcy (FY 2007/08) and current Department / Division Pre-Bankruptcy (FTE) Current Staffing (FTE)Current as % Information Technology Department 25 15 68% Finance Department (includes Bus. Reg. & Purch.)31 33 107% Finance – Purchasing Division 2 4 200% Finance – Business Registration Division*10 10 100% Library (all positions)27 16 59% City Manager’s Office (excluding Grants, VIP)7 11 157% City Clerk (includes Passport Srvcs. & Records)7 8 115% Legal Services 24 1 (+BBK)4% 9 *Business Registration has moved between Finance and the City Clerk’s Office several times since 2007/2008       Packet Pg. 474 Proposed Structure Change •Break into Two Department: •Economic Development Department •Community Development Department Community, Housing and Economic Development 10       Packet Pg. 475 •Strategic Staffing and Alignment •Housing & Homelessness Division 11       Packet Pg. 476 Housing & Homelessness Division Current Structure 8.25 positions ¼ of Director time dedicated to Housing and Homelessness Division Agency Director of Community, Housing & Economic Development Deputy Director of Housing & Homelessness Housing Manager CDBG Specialist Grants Assistant Senior Management Analyst Management Analyst Administrative Assistant Housing Compliance Specialist 12       Packet Pg. 477 Current: 8.25 FY 2024: 10.25 FY 2025: TBD FY 2026: TBD FY 2027: TBD Housing & Homelessness Division Staffing in 2007/08 Unknown 13       Packet Pg. 478 FY 2023/24 •Housing Compliance Specialist •Project Assistant Proposed New Positions 14 Cost in FY 2023/24: $196,855 Included in Strategic Reserve       Packet Pg. 479 Housing & Homelessness Division Potential Structure FY 2023/24 NEW NEW 15       Packet Pg. 480 •Strategic Staffing and Alignment •Economic Development 16       Packet Pg. 481 Agency Director of Housing, Community, and Economic Development Economic Development Division Manager Economic Development Project Manager Economic Development Specialist Economic Development Division/Department Current Structure 3.25 positions ¼ of Director time dedicated to Economic Development Division 17       Packet Pg. 482 Current: 3.25 FY 2024: 8 FY 2025: 9 FY 2026: 10 FY 2027: 11 Economic Development Division/Department Staffing in 2007/08 6 positions 18       Packet Pg. 483 FY 2023/24 •Director of Economic Development •Business Recruitment Manager •Business Retention Manager •Special Events Manager •Administrative Assistant FY 2024/25 •Economic Development Specialist Proposed New Positions by Year FY 2025/26 •Economic Development Specialist FY 2026/27 •Deputy Director of Economic Development 19 Cost in FY 2023/24: $919,579 Included in Strategic Reserve       Packet Pg. 484 Economic Development Department Potential Structure FY 2023/24 NEW NEWNEW NEW NEW 20       Packet Pg. 485 Benefits of Proposed Structure •Industry Diversification •Business Retention and Expansion •Improved Response Times •Liaisons to Recruit and Retain Businesses Cities with Separate Economic Development Departments: - Corona - Santa Clarita - Ontario - Fremont Economic Development Department 21       Packet Pg. 486 •Strategic Staffing and Alignment •Planning 22       Packet Pg. 487 Agency Director of Housing, Community, and Economic Development Deputy Director/ City Planner Planning Division Manager Senior Planner (3) Associate Planner (2) Assistant Planner (2)Planning Aide Planning Division Current Structure 10.25 positions ¼ of Director time dedicated to Planning Division 23       Packet Pg. 488 Current: 10.25 FY 2024: 13 FY 2025: TBD FY 2026: TBD FY 2027: TBD Planning Division Staffing in 2007/08 14 positions 24       Packet Pg. 489 •Reclassify Deputy Director/City Planner to City Planner/Planning Manager (lower) •Reclassify Planning Division Manager to Principal Planner (lower) •Reclassify Planning Aide to Planner Technician (higher) •Reclassify (2) Assistant Planners to Planner Technicians (equivalent) •Reclassify Senior Planner to Associate Planner (lower) •Add Associate Planner •Add Planner Technician •Add Administrative Assistant Proposed Positions and Changes 25 Cost in FY 2023/24: $218,071 Included in Strategic Reserve       Packet Pg. 490 Planning Division Potential Structure FY 2023/24 NE W 26 Reclass. Reclass. Reclass. Reclass.Reclass.Reclass. NE W NE W       Packet Pg. 491 •Strategic Staffing •SB Police Department Quality of Life 27       Packet Pg. 492 28 Quality of Life Team •Quality of Life focus •Downtown area •Police Coordinating with Homeless Outreach Team, Public Works, Parks & Recreation •Requires ongoing funding to avoid pulling resources from other areas of the City •NO ADDITIONAL OPERATING FUNDING necessary for FY 2023/24 Enforcement Type Results/Quantity Felony Arrests 7 Misdemeanor Arrests 161 Infractions 154 Parking Citations 94 Tows/Impounds 24 FI Cards 23 Narcotics (MJ)62.2 lbs. Cash Seized $3,354 Shopping Carts Recovered 34 Results from one-month of operations:       Packet Pg. 493 •1 Sergeant •1 Detective/Corporal •6 Patrol Officers •Positions will be posted and hired in FY 2023/24 to be in place for FY 2024/25. NO ADDITIONAL OPERATING FUNDING necessary for FY 2023/24 Proposed New Positions 29 Cost in FY 2023/24: $170,000 for vehicles; will be covered within existing vehicle replacement budget.       Packet Pg. 494 30 Potential Structure FY 2024/25 NE W NE W NE W NE W NE W NE W NE W NE W Quality of Life PD Team       Packet Pg. 495 •Strategic Staffing •Parks & Recreation 31       Packet Pg. 496 Parks & Recreation Department Director of Parks & Recreation Community Services Manager Senior Services Senior Nutrition Program Adult Sports SCP/RSVP Aquatics Management Analyst Management Analyst Recreation Manager Delmann Heights Center Hernandez Center Ruben Campos Center Center for Individual Dev. Verdemont Center Lytle Creek Center Special Events Accounting Tech. Executive Assistant Reports to Accounting Manager - Finance Current Structure (Does not include all positions) 32       Packet Pg. 497 Parks & Recreation: Ranger Program Park Ranger Program Staffing Ideal, eventual goal: •18 Rangers •1 Supervisor and •1 Administrative Assistant •5 Vehicles, training, space, uniforms, technology and supplies Ramp-up over 5 years and include park fencing to minimize security needs 33       Packet Pg. 498 Current: 0 / 23 FY 2024: 0 / 24 FY 2025: 4 / 27 FY 2026: 7 / 30 FY 2027: 10 / 33 Parks & Recreation: Ranger Program / All Staff Parks & Recreation total Staffing in 2007/08 32 positions Current: 23 34       Packet Pg. 499 FY 2023/24 •Deputy Director of Parks & Rec. FY 2024/25 •Lead Park Ranger •(3) Park Rangers Proposed New Positions by Year FY 2025/26 •Reclass Lead Park Ranger to Park Ranger Supervisor •(2) Park Rangers •Administrative Assistant FY 2026/27 •(3) Park Rangers The number of parks, centers and the expanding programs and events makes more high-level support for the Director a necessity. 35 Launch Park Ranger Program in FY 2024/25 dependent on revenue at Mid-Year, FY 2023/24 Cost in FY 2023/24: $204,001 Included in Strategic Reserve       Packet Pg. 500 Parks, Recreation & Community Services Proposed Structure FY 2023/24 NE W 36       Packet Pg. 501 •Strategic Staffing •Animal Services 37       Packet Pg. 502 Animal Services Department Current Structure 38 Animal Service Director Shelter Manager Shelter Services Supervisor Shelter Attendants (8) + (4) grant funded Customer Services Supervisor Senior Animal Service Representatives (6) Volunteer Coordinator (grant funded) Foster Coordinator (grant funded) Field Services Supervisor Lead Animal Control Officer Animal Control Officer (6) Staff Veterinarian Registered Vet Technician Executive Assistant       Packet Pg. 503 Current: 27 FY 2024: 28 FY 2025: TBD FY 2026: TBD FY 2027: TBD Animal Services Positions in 2007/08 25 positions 39       Packet Pg. 504 FY 2023/24 •Deputy Director •Registered Veterinary Technician •Veterinary Assistant Proposed New Positions The Animal Services Department is significantly understaffed and continues to see increases in the number of animals at the shelter. There may be potential for regional partnerships; staff will bring more information forward as it becomes available. 40 Cost in FY 2023/24: $351,814 Included in Strategic Reserve       Packet Pg. 505 41 Animal Services Department Proposed Structure FY 2023/24       Packet Pg. 506 •Strategic Staffing •Public Works / Project Management 42       Packet Pg. 507 Public Works Department Agency Director of Public Works Deputy Director / City Engineer Principal Civil Engineer Project Manager Project Manager Engineers Project Manager Construction Manager Engineers Construction Inspectors Civil Engineering Div. Mgr. Engineers NPDES Facilities & Fleet Manager Deputy Director of Operations Senior Management Analyst Management Analyst Executive Assistant Current Structure (Does not include all positions) 43       Packet Pg. 508 44 Public Works: Project Management Projects per Project Manager Nearly 7x the average       Packet Pg. 509 Public Works: Project Management Project Management Staffing Industry standard: •7-10 Projects per Project Manager Eventual goal: •7-10 Projects per PM •If the City averages 100 active projects, minimum of 10 Project Managers; however, the City may consider a balance of staff PMs and contract PMs to avoid overstaffing. Ramp-up over 5 years using contract staff augmentation in the interim 45       Packet Pg. 510 Current: 3 FY 2024: 6 FY 2025: 8 FY 2026: TBD FY 2027: TBD Public Works Project Management Positions Identified as “Capital Projects” in 2007/08 (may not all have been Project Managers) 14 positions 46       Packet Pg. 511 FY 2023/24 •(3) Project Managers •Staff Augmentation - contract FY 2024/25 •(2) Project Managers •Staff Augmentation - contract Proposed New Positions by Year FY 2025/26 •TBD •Staff Augmentation - contract, as needed FY 2026/27 •TBD •Staff Augmentation - contract, as needed 47 Cost in FY 2023/24: $514,839 Included in Strategic Reserve       Packet Pg. 512 Proposed Structure FY 2023/24 NEW NEW 48 NEW       Packet Pg. 513 •Strategic Staffing •City Manager’s Office 49       Packet Pg. 514 City Manager’s Office / City Structure Current Structure 50       Packet Pg. 515 City Manager’s Office •Challenges •Span of Control for the City Manager is too Great •7 Departments •4 Divisions •4 Analysts •Larger, complex cities need more support at the top •Growing cities – economic development and expansion •Cities with multiple initiatives underway •Reliance on grants and outreach •Legislative initiatives need dedicated staff 51       Packet Pg. 516 Assistant / Deputy City Manager Comparison City Population Deputy/Assistant City Managers Pomona 148,000 1 Corona 157,000 2 Ontario 178,000 2 Moreno Valley 208,000 2 Fontana 210,000 2 Modesto 218,000 2 Fremont 224,000 2 Irvine 310,000 3 Riverside 320,000 3 Long Beach 467,000 5 52       Packet Pg. 517 Positions, 2023/24 •Assistant City Manager •Legislative & Governmental Affairs Manager •Realign departments and balance workload between two Assistant City Managers Enable the City to track legislative changes, manage lobbyist contracts and actively work to secure funding in Sacramento and Washington, D.C. Proposed Changes – City Structure 53       Packet Pg. 518 Retitle Departments: “Community, Housing and Economic Development Department” •Economic Development Department •Community Development & Housing Department Changing Community Development to Community Development & Housing is more reflective of the purpose of the divisions within the department. Proposed Changes – City Structure 54       Packet Pg. 519 Retitle Departments: “Human Resources Department” •Human Resources and Risk Management Department To reflect the departments functions beyond HR, including Risk Management. “Finance Department” •Finance and Management Services Department To reflect the departments functions beyond finance, including Purchasing and Business Registration. Proposed Changes – City Structure 55       Packet Pg. 520 Agency Directors Re-title Agency Directors: Agency Director of Community, Housing and Economic Development •Director of Economic Development •Director of Community Development & Housing Agency Director of Public Works, Operations and Maintenance •Director of Public Works, Operations and Maintenance Agency Director of Administrative Services •Director of Finance and Management Services •No longer directing Administrative Services (HR and IT) Proposed Changes – City Structure 56       Packet Pg. 521 City Manager’s Office / City Structure Proposed Structure FY 2023/24 57New Dept.       Packet Pg. 522 The Bottom Line: Cost Analysis 58 Presented by: Barbara Whitehorn, Agency Director of Administrative Services       Packet Pg. 523 •Cost of City Initiative Implementation •Cost of Staffing Realignments Presentation Overview 59       Packet Pg. 524 60 Strategic Reserve Items Included in Strategic Reserve: Department/Division Item Amount Included Housing Housing Compliance Specialist $ 117,021 Housing Housing Project Assistant 79,834 Economic Development Economic Development Director 280,376 Economic Development Administrative Assistant 80,549 Economic Development Economic Development Managers (3)558,654 Planning Administrative Assistant 80,549 Planning Associate Planner 126,823 Planning Planner Technician 81,025 Planning Reclassify Planning Aide to Planner Tech.11,265 One Stop Shop Bi-Lingual Senior Customer Service Rep.95,987 One Stop Shop Ombudsperson 138,122       Packet Pg. 525 61 Strategic Reserve Items Included in Strategic Reserve: Department/Division Item Amount Included Parks, Rec. & Comm. Srvcs.Deputy Director $ 204,001 Animal Services Deputy Director 204,001 Animal Services Registered Veterinary Technician 81,259 Animal Services Veterinary Assistant 66,554 Public Works – Capital Projects Project Managers (3)514,839 Public Works – Land Development Land Development Engineer 171,613 City Manager’s Office Legislative & Gov’t Affairs Mgr.173,873 City Manager’s Office Assistant City Manager 297,175 City Manager’s Office Advocacy Contracts – State & Federal 250,000 Planning Savings from reclassifications (81,591) TOTAL $ 3,531,929       Packet Pg. 526 62 Additional Priorities Items “In the Hopper,” unfunded, and anticipated in FY 2023/24 or 2024/25 Item Amount Timing Park Ranger Program 505,900 FY 2024/25 Additional Security Costs – Estimate 1,256,000 FY 2023/24 One Stop Shop – Additional Cost of Buildout 400,000 Mid-Year ADA Master Plan, Phase 1 500,000 Mid-Year Bridge Master Plan 500,000 Mid-Year Preliminary Engineering and Space Study – City Hall 300,000 FY 2023/24 TOTAL $ 3,461,900       Packet Pg. 527 Discussion 63       Packet Pg. 528