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HomeMy WebLinkAbout11-01-23 MCC Revised Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO REVISED AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 01, 2023 5:30 PM ­ CLOSED SESSION 7:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG COUNCIL MEMBER IBARRA WILL BE PARTICIPATING IN PERSON. Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles A. Montoya COUNCIL MEMBER, WARD 2 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. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodations To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. 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 City Manager Charles A. Montoya City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION p.11 A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)) : One Item C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 300 North E Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC City Negotiator: City Manager or Designee Negotiating Parties: El Corte Ingles Under Negotiations: Price and Terms of Exclusive Negotiating Agreement Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE PRESENTATIONS 1. Update to Council on Animal Services Programs and Initiatives p.12 CONSENT CALENDAR 2. Consideration of Supporting Federal “Supporting our Shelters” Act p.24 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act” 2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress 3. Award On­Call Professional Services Agreement with Eagle Eye Demolition, Inc. p.30 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on­call board­up and securement abatement services. 2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in total amount not to exceed $200,000. 4. Accept The Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant Funds from the County of San Bernardino in the amount of $808,358.87 p. 56 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023­160, to accept the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant funding awarded to the City of San Bernardino through the County of San Bernardino, Office of Homeless Services; 2. Approve the execution of the HHAP 3 Grant Agreement between the City of San Bernardino and the San Bernardino County Office of Homeless Services as the Administrative Entity authorized to act on behalf of the County; 3. Authorize the Director of Finance and Management Services to amend FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and 4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant. Mayor and City Council of the City of San Bernardino Page 4 5. Resolutions updating the Bank and Investment Account Signature Authority (All Wards) p. 101 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. 6. Professional Services Agreement with AdminSure for Workers' Compensation Third Party Administrator Services p. 131 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with AdminSure for workers’ compensation claims administrator services. 7. Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule p. 149 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023­170: 1. Establishing the Director of Economic Development (U) classification; 2. Establishing the Director of Community Development and Housing (U) classification; and 3. Amending the City­wide salary schedule for full­time, part­time, temporary, and seasonal positions. 8. Accept the Anonymous Donation of $40,000 for the Verdemont Community Center p. 164 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­171 to: 1. Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and 2. Authorize the Director of Finance and Management Services to amend the FY2023/24 General Fund Operating Budget in both revenue and expenditures by $40,000; and allocate the expenditures to the following, Senior Programming at the Verdemont Community Center ($10,000), Movies in the Parks at Verdemont ($10,000) and After School Homework Help ($20,000). 9. Amendment No. 1 to Agreement with Environmental Project Services, Inc. (All Wards) p. 170 Recommendation: 1. It is recommended that the Mayor and City Council of the City of San Bernardino, California: 2. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and 3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000. Mayor and City Council of the City of San Bernardino Page 5 10. Amendment No. 1 to Agreement with Horizons Construction Company International (All Wards) p. 194 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Horizons Construction Company International for Asphalt Maintenance and Repair Services; and 2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000. DISCUSSION 11. Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards) p. 228 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023­172 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 12. Consider the installation of a stop light on the corner of 35th Street and E street to enhance school safety (Wards 5, 7) ­ Council Member Reynoso p. 244 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS 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 November 15, 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. Mayor and City Council of the City of San Bernardino Page 6 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 1, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, October 27, 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 7 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 8 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 9 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 an 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) To call into the meeting and provide public comment via Zoom, register by clicking the following link before 4:00 p.m. on the day of the meeting: https://tinyurl.com/mccremotepubliccomments Any registrations received after 4:00 p.m. will not be approved. 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. Public Hearings: If you are commenting on a Public Hearing whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed. Mayor and City Council of the City of San Bernardino Page 10 THIS PAGE INTENTIONALLY LEFT BLANK CLOSED SESSION City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney's Office Subject:CLOSED SESSION Recommendation: A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 300 North E Street Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC City Negotiator: City Manager or Designee Negotiating Parties: El Corte Ingles Under Negotiations: Price and Terms of Exclusive Negotiating Agreement       Packet Page. 11 PRESENTATIONS City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles Montoya, City Manager Kris Watson, Director of Animal Services Department:Animal Services Subject:Update to Council on Animal Services Programs and Initiatives       Packet Page. 12 Department of Animal Services Update Presented by: Kris Watson, MPA Watson_kr@sbcity.org This Photo by Unknown Author is licensed under CC BY-NC-ND       Packet Page. 13 Department Facility and Program Updates Facility Updates •Industrial Dishwasher •Industrial Washer and Dryer •Cat Portals purchased and installed (With help from UC Davis) •Wrought Iron Fencing around shelter •Surveillance Video System •Increased Storage on Site Program Updates •Foster Program •Volunteer Program •Group and Individual •Monthly Pet Food Pantry •Partnerships with Loma Linda and Grand Terrace •Non-Profit Partnerships for Spay/Neuter       Packet Page. 14 Pending Facility & Program Updates ProgrammingProgramming •Mobile Spay Neuter/Clinic Vehicle) •Low cost spay/neuter for community members •Feral Cat Spay/Neuter •High-School Age Volunteer Program FacilityFacility •New Dog Kennel Building for Medical impounds at current site •Office revision to accommodate new staff       Packet Page. 15 2022 & 2023 Year to Date Animal Intake Totals       Packet Page. 16 Challenges to Animal Services in our Region •Aging Infrastructure •Population Increase (1% growth through 2060) •Lack of Veterinary Resources for the Community •1 Low Cost Spay/Neuter Clinic in San Bernardino Area •Housing Crisis •Inflation •Nationwide Trends in Animal Sheltering       Packet Page. 17 Regional Partnership Opportunities •Cities of Colton, Fontana and Rialto need shelter services beginning July 1, 2024 •Joint Powers Agreement/Participation Agreement •Costs shared among 6 cities based on their percentage of use (intake totals) •If agreed by the group, San Bernardino would be willing to maintain operational management of the shelter •Long-term agreement and commitments by participating cities would create stability for animal services in our region •Shelter capacity would be based on current combined annual intake numbers with room for population growth •Residents would have one address/location for services that would be easily accessible       Packet Page. 18 Additional Funding Possibilities ••Non-Profit “Friends of”Non-Profit “Friends of” ••Establish a non-profit that could actively raise funds for facilities, programs Establish a non-profit that could actively raise funds for facilities, programs and servicesand services ••Non-profit structure to places on the Board for appointees from each of the Non-profit structure to places on the Board for appointees from each of the participating citiesparticipating cities ••Grant Funding for Programs and ServicesGrant Funding for Programs and Services ••Request for State or Federal funding assistance based on regional service Request for State or Federal funding assistance based on regional service modelmodel ••BondsBonds ••Others as determinedOthers as determined       Packet Page. 19 Proposed New Shelter •Existing facilities are not compatible with long-term goals and animal housing needs •New shelter location identified on the southwest corner of E. Orange Show Road and S. Washington Ave •City-owned property •Close to major freeways and main thoroughfares •Location will be easy for residents to find and access our services •Low-cost clinic open to citizens from participating cities •Resource office to help citizens keep their pets in their homes and out of the shelter •Room for expansion on adjacent parcels •The shelter can act as a community center for the residents in our Region, offering obedience classes and a meeting location for people and their pets •Preliminary design has been completed; partners will be invited to participate in the final design of the new regional shelter       Packet Page. 20 Interim Solution for Housing of Animals •New shelter will not be ready for occupation for 2-3 years •Revisions will need to be made at current facility to accommodate temporary animal housing until we can move to the new shelter •Phased build approach to the new shelter will allow us to occupy both locations at the same time and meet the public’s needs •Clinic •Medical ward •Cats       Packet Page. 21 Beneficial Community Programs Programs •Expanded Community Outreach •Animal Behavior and Enrichment Unit •Vouchers for Veterinary Care Positions Needed for Programs •Dedicated Rescue Coordinator •Dedicated Community Outreach Coordinator •2 Lead Shelter Attendants •1 Additional Shelter Supervisor       Packet Page. 22 Questions       Packet Page. 23 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles Montoya, City Manager Kris Watson, Director of Animal Services Department:Animal Services Subject:Consideration of Supporting Federal “Supporting our Shelters” Act Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act” 2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress Executive Summary The Federal ”Supporting our Shelters Act”, proposed by Representative Pete Aguilar would establish a source of Federal Funding to support animal shelters. This funding would help all shelters provide programs and services for all animals in their care. Background The City of San Bernardino (City) is currently home to 223,230 persons and approximately 57% of households in the City own a pet. According to a Pew Research Center study released in July 2023, 97% of pet owners in the United States believe their pets are part of their family. Studies have proven pet ownership can have positive impacts on health for both pets and people. Discussion Pets are a vital part of our communities, however, funding for shelters is inconsistent throughout the country. Municipal shelters like the City’s rely on local funding, grant funding from private and public organizations as well as private donations to cover the       Packet Page. 24 cost of programs and services to the community. Having a source of federal funding to help local organizations support their residents and their pets is crucial to the continued health and wellbeing of our citizens and their companion animals. The legislation proposed by Representative Aguilar would establish Federal Grant Funding for Animal Shelter Programs like ours. If signed into law, we would be eligible to apply for and receive grant funding to support the pets and people in our City. This funding would be crucial in helping the City expand access to spay/neuter as well as other programs that would strengthen the human-animal bond in our region and lead to a healthier community for all. 2021-2025 Strategic Targets and Goals The request for support of this Act aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by documenting support for proposed Federal Legislation which could benefit our community. Fiscal Impact No Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act” 2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress Attachments Attachment 1 – “Support our Shelters” Act Attachment 2 – Draft Letter for Representative Aguilar Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 25 ..................................................................... (Original Signature of Member) 118TH CONGRESS 1ST SESSION H. R. ll To amend the Animal Welfare Act to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to entities for purposes of supporting the capability of such entities to provide care to animals in their care, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. AGUILAR introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To amend the Animal Welfare Act to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to entities for purposes of supporting the capability of such entities to provide care to animals in their care, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Our Shel-4 ters Act’’. 5 VerDate Nov 24 2008 10:38 Jun 08, 2023 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\MORSI\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\AGUILA_002.XM June 8, 2023 (10:38 a.m.) G:\M\18\AGUILA\AGUILA_002.XML g:\V\H\060823\H060823.008.xml (862446|5)       Packet Page. 26 2 SEC. 2. GRANTS TO SUPPORT ANIMAL SHELTERS. 1 Section 28 of the Animal Welfare Act (7 U.S.C. 2 2158) is amended by striking subsection (d) and inserting 3 the following: 4 ‘‘(d) GRANTS TO SUPPORT ANIMAL SHELTERS.— 5 ‘‘(1) IN GENERAL.—The Secretary shall estab-6 lish a program under which the Secretary will award 7 grants to entities described in subsection (a)(2) for 8 purposes of supporting the capability of such entities 9 to provide care to animals in their care, including 10 feeding, sheltering, veterinary care, recreational ac-11 tivities, and the hiring, training, and retention of 12 staff to provide such care. 13 ‘‘(2) TERM.—The term of a grant under this 14 subsection shall not exceed 3 years. Such term is re-15 newable if the grantee submits a report to the Sec-16 retary under paragraph (4) prior to the expiration of 17 the respective term. 18 ‘‘(3) REPORT TO SECRETARY.—Beginning not 19 later than 180 days after the date on which the first 20 grant is awarded under this subsection and each 21 year thereafter, each recipient of a grant under this 22 subsection shall submit to the Secretary a detailed 23 accounting of— 24 VerDate Nov 24 2008 10:38 Jun 08, 2023 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\MORSI\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\AGUILA_002.XM June 8, 2023 (10:38 a.m.) G:\M\18\AGUILA\AGUILA_002.XML g:\V\H\060823\H060823.008.xml (862446|5)       Packet Page. 27 3 ‘‘(A) the number of each species taken into 1 the shelter and the outcome for each species 2 during the period covered by the report; and 3 ‘‘(B) how the recipient of the grant used 4 grant funds during the period covered by the 5 report. 6 ‘‘(4) REPORT TO CONGRESS.—Beginning not 7 later than 180 days after the date of the enactment 8 of this subsection and each year thereafter, the Sec-9 retary shall submit to the Committee on Agriculture 10 of the House of Representatives and the Committee 11 on Agriculture, Nutrition, and Forestry of the Sen-12 ate a report on the program under paragraph (1), 13 including an accounting of how the funds made 14 available to carry out this subsection were used by 15 recipients of grants under this subsection to improve 16 animal care. 17 ‘‘(e) REGULATIONS.—The Secretary shall promulgate 18 regulations to carry out this section. Not later than 180 19 days after the date of the enactment of subsection (d), 20 the Secretary shall promulgate regulations to carry out 21 such subsection.’’. 22 VerDate Nov 24 2008 10:38 Jun 08, 2023 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MORSI\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\AGUILA_002.XM June 8, 2023 (10:38 a.m.) G:\M\18\AGUILA\AGUILA_002.XML g:\V\H\060823\H060823.008.xml (862446|5)       Packet Page. 28 290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org November 1, 2023 Honorable Pete Aguilar Member, U.S. House of Representatives 109 Cannon House Office Building Washington, DC 20515 RE: Supporting our Shelters Act Dear Representative Aguilar: On behalf of the City of San Bernardino, California we would like to voice our support for the Supporting our Shelters Act. This Act would establish grant funding for animal shelters throughout the Country, helping them expand their ability to offer care to animals in their jurisdictions. The City of San Bernardino is currently home to 223,230 persons, approximately 57% of households in our city own a pet. According to a Pew Research Center study released in July 2023, 97% of pet owners in the United States believe their pets are part of their family. Studies have proven pet ownership can have positive impacts on health for both pets and people. Pets are a vital part of our communities, however, funding for shelters is inconsistent throughout the Country. Municipal shelters like ours rely on local funding, grant funding from private and public organizations as well as private donations to cover the cost of programs and services to the community. Having a source of Federal funding to help local organizations support their residents and their pets is crucial to the continued health and wellbeing of our citizens and their companion animals. Thank you for your continued service to our community. Sincerely, City Manager       Packet Page. 29 1 6 1 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 15, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development Department:Community, Housing, and Economic Development (CED) Subject:Award On-Call Professional Services Agreement with Eagle Eye Demolition, Inc. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and securement abatement services. 2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in total amount not to exceed $200,000. Executive Summary An annual purchase order in the amount of $200,000 is requested for the purpose of an On-Call Professional Services Agreement (PSA) for board-up and abatement services with Eagle Eye Demolition, Inc. A Request for Quote was published on June 6, 2023, with only one contractor’s response, Eagle Eye Demolition, Inc. Staff conducted an evaluation of the company and services and found high ratings for their services and is seeking approval of a PSA. Funding for abatement services is included in the FY 23/24 Budget and funds will be recouped as the property owners are billed for services. Background To promote the health, safety, and welfare of the residents, the City may determine that certain buildings and other structures are a nuisance and must be abated. There are times that buildings throughout the City become open and accessible to the public, creating an inviting environment for vagrancy, vandalism, and the illegal occupancy by persons who do not have consent or permission to enter those structures. Additionally,       Packet Page. 30 1 6 1 6 there are times, because of the execution of various judicial orders, the City must utilize vendors to adequately secure the respective structure(s) through efficient and effective means. The Code Enforcement Division's budget provides for contracts that conduct abatement services that include securing and cleaning properties. The on-call board up and property cleanup services are utilized by Code Enforcement for securing locations with broken windows or doors and dispensary board-ups. With the City’s On-Call Professional Services Agreement with Eagle Eye Demolition, Inc. ending on June 30, 2023, a Request for Quote was released that same month seeking proposals for board-up and securement abatement services. Discussion On June 6, 2023, Request for Quote F-23-50 (RFQ F-23-50) was published seeking bids to ensure compliance with the City's regulation for on-call board-up and abatement services. One contractor responded to bid F-23-50: Eagle Eye Demolition, Inc., the bid packet scope of work and responses are attached hereto as Attachment 2. Staff has reviewed all contents of the bid package and confirmed that Eagle Eye Demolition, Inc. is the only responsive and responsible bidder. Also, after evaluations of overall bid specifications, Eagle Eye Demolition, Inc. demonstrated high ratings in their quality, quantity, and delivery of all on-call services. If awarded by the Mayor and City Council, on-call board-up services are anticipated to begin November 2023. During the last fiscal year, the Code Enforcement Division aggressively responded to over 4,000 annual Code Enforcement requests that include board-ups and abatements of numerous properties, both residential and commercial. Therefore, to maintain the City's ability to effectively abate nuisances, the Community and Economic Development Department is requesting approval to award one vendor, Eagle Eye Demolition, Inc. with a single year contract in the amount not to exceed $200,000. Additionally, staff is seeking approval to allow for a two one-year renewal options through FY 2025/2026 at the city’s discretion for a total annual amount for each option year not to exceed $200,000, subject to available funds. Costs associated with boarded up and/or abated property are billed to the property owner. If the timely payment is not received, a lien is recorded against the respective property. Over time, it is expected that the City will fully recover the property abatement costs. 2021-2025 Strategic Targets and Goals The on-call board-up and abatement service contracts align with Key Target No. 3: Improved Quality of Life. Specifically, 3d: Improve the City’s appearance, cleanliness, and attractiveness. Board up and abatement services utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe.       Packet Page. 31 1 6 1 6 Fiscal Impact There is no fiscal impact associated with this action. Funding for these agreements was included in the FY 2023/24 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and securement abatement services. 2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in an annual total amount not to exceed $200,000. Attachments Attachment 1: PSA Eagle Eye Demolition On-call board up Attachment 2: Bid Results, On-Call Board-up Services (RFQ-F-23-50) Ward: All Wards Synopsis of Previous Council Actions: October 19, 2022 Mayor and City Council of the City of San Bernardino, California approved the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and securement abatement services; and authorized the Director of Finance to issue a Purchase Order to Eagle Eye Demolition, Inc. in a total annual amount not to exceed $200,000. March 6, 2019 Mayor and City Council adopted Resolution No. 2019-34, authorizing the City Manager to execute the Second Amendment to the contractor service agreements with Absolute Property Preservation and Brett Carlson Construction, increasing the total to $200,000 per contractor with three single-year renewal options through June 30, 2022; and authorizing the Director of Finance to increase purchase orders to Absolute Property Preservation and Brett Carlson Construction to $200,000 each. March 10, 2017 Mayor and City Council adopted Resolution No. 2017-37, authorizing the City Manager to execute the first amendment to the contractor services agreements with Absolute Property Preservation and Brett Carlson Construction for “On-Call” Board up and Abatement Services.       Packet Page. 32 1 3 3 6 0 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EAGLE EYE DEMOLITION INC This Agreement is made and entered into as of November 15, 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 EAGLE EYE DEMOLITION INC, a CORPORATION with its principal place of business at 1070 Mildred St. La Verne, CA. 91750 (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: Board-Ups and After Hour Securement (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.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 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. Consultant shall receive compensation, including authorized       Packet Page. 33 2 3 3 6 0 reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $ 200,000.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from November 15, 2023, to June 30, 2024, with (2) two, (1) one year options to extend unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 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       Packet Page. 34 3 3 3 6 0 timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.       Packet Page. 35 4 3 3 6 0 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. 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       Packet Page. 36 5 3 3 6 0 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. 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.       Packet Page. 37 6 3 3 6 0 (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. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.       Packet Page. 38 7 3 3 6 0 g. N/A h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (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       Packet Page. 39 8 3 3 6 0 such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions       Packet Page. 40 9 3 3 6 0 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.       Packet Page. 41 10 3 3 6 0 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term 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 Page. 42 11 3 3 6 0 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       Packet Page. 43 12 3 3 6 0 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 Julio Pineda 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: Christian Marr, Code Enforcement Div Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Eagle Eye Demolition Inc 1070 Mildred St La Verne, CA. 91750 Attn: Julio Pineda 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.       Packet Page. 44 13 3 3 6 0 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 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.       Packet Page. 45 14 3 3 6 0 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. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 46 15 3 3 6 0 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EAGLE EYE DEMOLITION INC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney EAGLE EYE DEMOLITION INC Signature Name Title       Packet Page. 47 16 3 3 6 0 EXHIBIT A SCOPE OF SERVICES Eagle Eye Demolition Inc 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. Eagle Eye Demolition shall perform the work specified under the general direction of the Director, Division Manager and/or Project Manager. Warrants or consents must be obtained for emergency services prior to entrance onto property and work completed within the time frame of the warrant. III. SECURITY SPECIFICATIONS AND CONDITIONS: Effective immediately, in all areas within the City of San Bernardino, where vandalism is known to cause undue damage to property, such property is to be protected by employing the following minimum-security specifications according to City standards as directed by the Department. 1. All windows and doors shall be secured with ¾ inch thick exterior plywood panels, minimum B-D grade (respectively). 2. Window glass is to be removed if determined to be necessary by the Department and identified by removal location (when installation cannot be made without breakage) before installing boarding. If removed, glass is to be stored inside the living units. 3. All boarding will be fit to the screen inset molding stop or door stop. Maximum clearance at all edges shall be 1/8 inch. 4. All fabricated boards will be plainly marked on their inside surface with the exterior dimensions to the nearest 1/8 inch to facilitate interchange. 5. All exterior storage and utility cabinets located about the property must be secured against wind damage, removal, and to prevent the theft of water heaters, furnaces, etc. A hasp and padlock must be installed on these doors. 6. All exterior double door cabinets are to be secured by installing a deadbolt and receptacle at the top and bottom to the inside of one of these doors. Install a hasp and padlock to the doors, securing one to the other. 7. Install a hasp and padlock to all garage doors.       Packet Page. 48 17 3 3 6 0 8. All plywood panels to be painted a coordinating color with the structure. Per the Director or his/her designee, the Contractor may be directed to secure the property utilizing polycarbonate material as per Exhibit 2 specifications and diagram. IV. GENERAL CONDITIONS: 1. Eagle Eye Demolition and the agents and employees of the Eagle Eye Demolition, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2. The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any acts, duties, or obligations on the part of Eagle Eye Demolition, his agents, or employees, under this Agreement; nor for any materials or equipment used in performing the work, nor for injury or damage to any person(s), either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance. 3. Eagle Eye Demolition shall indemnify and save harmless the Department, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof. 4. Eagle Eye Demolition shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions warrant. 5. Eagle Eye Demolition shall promptly answer inquiries and complaints of the Department, of private property owners, or citizens, relative to any work charges, damages or any other questions that may arise as a result of board up or abatement operations by the Contractor up to seven (7) days after completion. 6. Eagle Eye Demolition shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by them. Eagle Eye Demolition will then follow up the phone call with a written statement to be submitted with the billing. When Eagle Eye Demolition, or responsible person is unavailable to rectify the situations, the Department shall make necessary arrangements to repair damaged or destroyed items if said damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Eagle Eye Demolition is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether Eagle Eye Demolition, Property Owner, or City does repairs. 7. Eagle Eye Demolition shall be fully informed of and comply with all existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.       Packet Page. 49 18 3 3 6 0 8. The Director shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work performed by Eagle Eye Demolition shall be done to the satisfaction of the Director. The Director or authorized representative reserves the right to inspect works as related to the conditions of the Statement of Work and Contract. 9. All equipment and tools shall be furnished, fully operable, operated, and maintained by Eagle Eye Demolition. There will be no extra charge made to the Department for the same. All fuel, materials, supplies, etc., to perform the Agreement shall be furnished at no extra charge to the Department. 10. Before and after any parcel is boarded up or abated, Eagle Eye Demolition shall take two (2) to four (4) clear and precise dated digital photos in color of the property which Eagle Eye Demolition has boarded up or abated, demonstrating the need for these services. Eagle Eye Demolition shall furnish his own camera and memory card or data disc for proper storage of digital photos. Eagle Eye Demolition is responsible for furnishing all photos to the Department at its sole cost and expense. These photos shall be taken immediately before and after board up and abatement work is done and submitted to the Department, together with the billing for the work performed. If photos do not show justification for charge, payment will not be made. Each photo shall include the date the picture was taken, and the address and Code Enforcement officer’s name assigned to that particular project. Each "after" picture shall be taken from the SAME location as the "before" picture showing some common outstanding landmark. There shall be no charge for digital photos. 11. Eagle Eye Demolition shall formulate their billing invoice and submit it with the photos to the Department within one (1) week of work completion on properties. Eagle Eye Demolition may submit billing invoices via mail or electronically. The Department will expedite payments due to the best of its ability within the framework of Policy. 12. The Department will deduct from billing invoice if the invoice is not submitted within one (1) week of work completion, invoice(s) will be subject to ten percent (10%) reduction if submitted after 1 week of work completion, twenty percent (20%) invoice reduction after two (2) weeks of work completion and will cap off at thirty percent (30%) invoice reduction after three (3) weeks or more of work completion. 13. The Department will deduct errors from future billing upon verification of errors. Eagle Eye Demolition will be provided an itemized statement describing the deductions. 14. Eagle Eye Demolition shall only bill the Department for on-call services initiated from the Department per the agreement. The Department will not pay for other City departments’ requests for services. All other City departments shall secure their own separate agreement for on-call services.       Packet Page. 50 19 3 3 6 0 15. In the opinion of the Director, if Eagle Eye Demolition is not progressing at a satisfactory rate in work completion, the Director may terminate this Agreement and designate City crews or another City approved Contractor to complete the work. 17. City may require varying response times to include emergencies (1-2 hours), urgency warrants (same day or 24 hours) and non-urgency warrants (1-10 days.) V. LICENSES AND PERMITS: 1. Eagle Eye Demolitions shall procure and keep in force during the term of this agreement any and all licenses and permits required by any Federal, State, or local laws or regulations. 2. Eagle Eye Demolitions shall procure and keep in force during the term of this agreement a valid General Contractor’s License. VIII. EQUIPMENT SPECIFICATIONS: 1. Eagle Eye Demolition shall use methods and equipment (i.e., hammers, drills, carriage bolts, screws, etc.) deemed adequate to complete all requests for board-up or securement services in a timely manner and to apply the skills and expertise necessary to perform the work competently and efficiently. IX. DETAILED PERFORMANCE SPECIFICATIONS: 1. All exterior door openings, except the front door and garage door, are to be secured in accordance with the above specifications. 2. The front door is to be secured with plywood over door, complete with two (2) equally spaced Holmes Heavy Duty Security Bolts (padlocks to be provided by Department). 3. Garage door openings when garage door is attached shall be secured with two (2) Holmes Heavy Duly Security Slide Bolts (padlock to be provided by Department), one on each side of the door. 4. All plates, bolts, washers, and nuts used for board-up shall be galvanized or cad plated. 5. Board-up of unusual sized doors, windows, and garage (when garage door is not attached) openings shall be installed per instruction of designated Code Officer. 6. All window openings shall be secured according to the specifications in Section III – SECURITY SPECIFICATIONS AND CONDITIONS. 7. All board-up material shall become the property of the owner of the premises.       Packet Page. 51 20 3 3 6 0 8. Signage shall be posted as follows: a) 12" x 24" minimum. b) Incombustible material. c) Minimum of four (4) holes, the maximum dimension of 1/4", punch or drilled no closer than 3/8" from edge/corner of sign. d) Attachment: Securely fasten in a conspicuous location on the building. e) Inscription: Character size to be 2 1/2" minimum and 4" maximum in height. Character color to be black or red set on a white background. The inscription shall read at minimum “No Trespassing PC 602 - Violators will be prosecuted.” SCHEDULE OF CHARGES       Packet Page. 52 21 3 3 6 0 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT Consultant: EAGLE EYE DEMOLITION INC The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $200,000.00 Completion Date:_____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO EAGLE EYE DEMOLITION INC Dated: Dated: By: By:       Packet Page. 53       Packet Page. 54       Packet Page. 55 1 6 8 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Mary Lanier, Interim Director of Community Development and Housing Department:Community Development and Housing Subject:Accept The Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant Funds from the County of San Bernardino in the amount of $808,358.87. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-160, to accept the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant funding awarded to the City of San Bernardino through the County of San Bernardino, Office of Homeless Services; 2. Approve the execution of the HHAP 3 Grant Agreement between the City of San Bernardino and the San Bernardino County Office of Homeless Services as the Administrative Entity authorized to act on behalf of the County; 3. Authorize the Director of Finance and Management Services to amend the FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and 4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant. Executive Summary       Packet Page. 56 1 6 8 0 On September 25, 2023, the County of San Bernardino’s Continuum of Care (COC) awarded the City $808,358.87 through the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant to help operate its permanent navigation center to assist unhoused men and women with interim housing and wrap-around supportive services. The HHAP 3 Grant contract term is October 3, 2023, to June 30, 2026. There is no fiscal impact to the City for accepting the HHAP 3 award. Background The Homeless Coordinating and Financing Council (HCFC) released a Notice of Funding Availability on December 17, 2021, for Homeless Housing, Assistance and Prevention (HHAP 3) Round 3 grant funding. HHAP 3 is a $1 billion block grant program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021. The City applied through the County's COC for the Central Valley Region. HHAP 3 is designed to build on regional coordination developed through previous rounds of the Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding. HHAP 3 funds should be used to continue to build regional coordination and a unified regional response to reduce and end homelessness informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Residents see the devastating effects homelessness has on individuals and the community and desire an effective and compassionate solution. Successful mitigation of homelessness will require the commitment of both the City and County because each entity is responsible for different aspects of the solution, with the County primarily being responsible for mental health, general health, and social services. To ensure positive outcomes, both the City and County will need to work together to establish multi-year funding to help streamline and expedite responses to homelessness. Including monitoring, applying, and evaluating additional funding sources as they become available through the COC. Discussion This HHAP 3 award will provide the City with financial assistance to operate a 200-bed, permanent, year-round, low-barrier navigation center to assist unhoused men and women. The scope of work for the permanent navigation center will include the following: •Case Management •Substance Use Counseling •Behavioral Health Services •Physical Health Services •Housing Navigation/Tenancy Support •Life Skills Training/Financial Literacy Classes       Packet Page. 57 1 6 8 0 •Rental & Utility Assistance (for those at risk of homelessness) •Pet Care •Assistance with Documentation Readiness, and •Help with Income Stabilization •Assistance with Public Benefit Application •Job Readiness Training/Job Placement The HCFC strongly encourages applicants to prioritize the use of HHAP 3 funds to assist people experiencing literal homelessness to move into safe, stable housing, including innovative, interim housing. HHAP 3 funding should be housing-focused -- either funding permanent housing interventions directly or, if used for shelter or street outreach, having clear pathways to connect people to permanent housing options. The term of the HHAP 3 contract becomes effective October 3, 2023, and expires June 30, 2026, but may be terminated earlier in accordance with the provisions outlined in the HHAP 3 Contract. The support through the Continuum of Care from the County, with HHAP 3 funds, will contribute towards operational costs associated with operating the City’s permanent navigation center. The Housing Division will continue to monitor future funding opportunities through the Continuum of Care. This is aligned with the Homelessness State of Emergency Implementation Plan. Mayor, City Council, and City Manager Goals and Objectives Expanding accessibility to shelter and housing will improve the quality of life for unhoused residents. Utilizing HHAP 3 funds aligns with Strategic Target No. 3: Improved Quality of Life. Fiscal Impact There is no General Fund impact with this item. The FY2023/2024 budget will be amended by $808,385.87 for the Homeless Housing, Assistance, and Prevention Program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-160, to accept the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant funding awarded to the City of San Bernardino through the County of San Bernardino, Office of Homeless Services; 2. Approve the execution of the HHAP 3 Grant Agreement between the City of San Bernardino and the San Bernardino County Office of Homeless Services as the Administrative Entity authorized to act on behalf of the County;       Packet Page. 58 1 6 8 0 3. Authorize the Director of Finance and Management Services to amend the FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and 4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant. Attachments Attachment 1 Resolution No. 2023-160 Attachment 2 OHS HHAP 3 Contract Ward: All Wards Synopsis of Previous Council Actions: August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds. December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan, Mayor and City Council authorized the use of over $24,500,000 in ARPA funds for the development of a Navigation Center, State of California HomeKey Round 3 Projects, Homeless/Street Outreach, Mobile Shower Expansion and three years operational expenses associated with the Navigation Center. . .       Packet Page. 59 Resolution No. 2023-160 Resolution 2023-160 November 1, 2023 Page 1 of 3 3 5 3 8 RESOLUTION NO. 2023-160 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) ROUND 3 GRANT FUNDS FROM THE COUNTY OF SAN BERNARDINO WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-3 as designated by the San Bernardino County Continuum of Care (CoC), the eligible recipient of HHAP-3 funding; and WHEREAS, the SBC CoC conducted a competitive process to award the City of San Bernardino the HHAP-3 funds in the amount of $808,385.87 and WHEREAS, the City of San Bernardino has the required qualifications, experience, and expertise to provide services and is willing to use the HHAP-3 funds to serve individuals and families experiencing homelessness; and WHEREAS, the County desires that such services be provided by the City and the City agrees to perform these services as set forth below; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to execute an agreement between the City of San Bernardino and OHS for the HHAP-3 Program and execute any documents as may be necessary to accept the grant funds. SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY 2023/24 Budget by appropriating $808,385.87 in revenue and expenditure.       Packet Page. 60 Resolution No. 2023-160 Resolution 2023-160 November 1, 2023 Page 2 of 3 3 5 3 8 SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 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 1st day of November 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 61 Resolution No. 2023-160 Resolution 2023-160 November 1, 2023 Page 3 of 3 3 5 3 8 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. 2023-160, adopted at a regular meeting held on the 1st day of November 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 Page. 62 BOS Standard Contract Page 1 of 38 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Community Revitalization Office of Homeless Services Department Contract Representative Carrie Harmon Telephone Number (909) 382-3983 Contractor City of San Bernardino Contractor Representative Cassandra Searcy Telephone Number (909) 384-5122 Contract Term October 3, 2023–June 30, 2026 Original Contract Amount $808,385.87 Amendment Amount N/A Total Contract Amount $808,385.87 Cost Center 6210002479 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-3 as designated by the San Bernardino County Continuum of Care (CoC), the eligible recipient of HHAP-3 funding; and WHEREAS, the SBC CoC conducted a competitive process to find the City of San Bernardino (Contractor) to provide these services, and WHEREAS, Contractor has the required qualifications, experience and expertise to provide services and is willing to use State funds to serve individuals and families experiencing homelessness; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below; NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions: Contract Number SAP Number       Packet Page. 63 Revised 06/23/2023 Page 2 of 38 TABLE OF CONTENTS SECTION PAGE A.DEFINITIONS 3 B.CONTRACTOR RESPONSIBILITIES 6 C.GENERAL CONTRACT REQUIREMENTS 14 D.TERM OF CONTRACT 22 E.COUNTY RESPONSIBILITIES 23 F.FISCAL PROVISIONS 23 G.INDEMNIFICATION AND INSURANCE REQUIREMENTS 23 H.RIGHT TO MONITOR AND AUDIT 26 I.CORRECTION OF PERFORMANCE DEFICIENCIES 27 J.NOTICES 27 K.ENTIRE AGREEMENT 27 L.ELECTRONIC SIGNATURES 27 ATTACHMENTS EXHIBIT I – HHAP-3 AWARD BY CATEGORY EXHIBIT 2 – SCOPE OF WORK EXHIBIT 3 – HHAP-3 REPORTING REQUIREMENTS EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE EXHIBIT 5 – HMIS DATA QUALITY REPORT EXHIBIT 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 EXHIBIT 7 – HHAP-3 EXPENDITURE REPORT       Packet Page. 64 Revised 06/23/2023 Page 3 of 38 A. DEFINITIONS A.1 Administrative Entity: A unit of general-purpose local government (city, county, or a city that is also a county) or nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds. A.2 Case Management: The coordination of community-based services by a professional team to provide people the quality health care that is customized accordingly to an individual’s setbacks or persistent challenges and aid them to their recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client’s health and human service needs. A.3 Continuum of Care (CoC): The group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate. A.4 Continuum of Care (CoC) Services Providers: A network of Community Based Organizations partnered with the SBC CoC to provide services to homeless individuals and families. A.5 Coordinated Entry System (CES): The CES is a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.” A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc. A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of any inability to pay. A.9. General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people. A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019: (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) An individual or family who will imminently lose their primary nighttime residence, provided that:       Packet Page. 65 Revised 06/23/2023 Page 4 of 38 (i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith- based or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; (iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or (4) Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; (ii) Has no other residence; and (iii) Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing. A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve. The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S. Department of Housing and Urban Development, the Continuum of Care utilizes the captured information to make informed decisions in planning, homeless advocacy, and policy development that result in target services. HMIS also includes that use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations. A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting. A.13 Housing First: An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements. Supportive services are offered to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry.       Packet Page. 66 Revised 06/23/2023 Page 5 of 38 A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities may include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, land/lord/ tenant mediation, and any other housing requirements. A.15 Interagency Council on Homelessness (ICH): The policy making body for the San Bernardino County Homeless Partnership. ICH works to ensure that the recommendations listed in the County’s 10- Year Strategy to End Homelessness are realized. ICH Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates. A.16 Instance of Service: Each encounter with a member of the target population where services are provided for each of the eligible grant activities. For example, one individual checks into a warming center operated by Provider X on Tuesday. The same individual checks into the same warming center the next night. This counts as two instances of service for this activity. A.17 Navigation Center: A Housing First, low barrier, service-enriched shelter focused on moving homes individuals and families into permanent that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A.18 Office of Homeless Services (OHS): The lead agency for the San Bernardino County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and Federal, State and local governments. A.19 Permanent Supportive Housing (PSH): Low-barrier permanent housing with services. The type of services depends on the needs of the residents. Services may be short-term, sporadic, or ongoing indefinitely. PSH units are for individuals and families who are homeless or chronically homeless. PSH is housing combined with services, which may include mental health and health services, drug and alcohol treatment, education and job training. A.20 Point-In-Time-Count (PITC): An unduplicated one-night estimates of both sheltered and unsheltered homeless populations conducted by Continuums of Care nationwide on a predetermined date within the last 10 days of each January pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A.21 Program: The Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program, established pursuant to Chapter 5 of Part 1 of Division 31 of the Health and Safety Code, and HHAP-3 are used interchangeably throughout this document. A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individual’s stability and equip them with skills and resources they need to sustain and thrive in housing and avoid future homelessness. A.23 San Bernardino County Continuum of Care (SBC CoC): Provides leadership in creating a comprehensive countywide network of service delivery to homeless individuals and families and those at-risk of becoming homeless. A.24 State of California, Homeless Coordinating and Financing Council (State): Created pursuant to Section 8257 of the Welfare and Institutions Code to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.       Packet Page. 67 Revised 06/23/2023 Page 6 of 38 A.25 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under a separate contract with or on behalf of Contractor. A.26 Target Population: Any person who is homeless as defined for this grant (see A.10 above). A.27 Transitional Housing (TH):Designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. TH may be used to cover the costs of up to 24 months of housing with accompanying supportive services. A.28 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD’s mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith-based and community organizations, that leverage resources and improve HUD’s ability to be effective on the community level. B. CONTRACTOR RESPONSIBILITIES B.1 General Requirements B.1.1 Contractor shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. Contractor shall be required to repay the County in the event of non-compliance with any applicable law if the County is required to repay any amount of funds to the State as a result of Contractor’s non-compliance. B.1.2 Contractor and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable. B.1.3 Contractor shall be responsible to accomplish the levels of performance as set forth in Exhibit 1 – HHAP AWARD BY CATEGORY and report such measures quarterly to the County with each quarterly expenditure report. The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues. B.1.4 Contractor’s obligation to the County shall not end until all closeout requirements are completed. Activities during closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the County), and determining the custodianship of records. B.2 Scope of Work The project description for services to be provided by Contractor under this Contract are identified in Exhibit 2 – SCOPE OF WORK. B.3 Administrative Requirements Contractor shall adhere to the following: B.3.1 Coordinated Entry System (CES) a.The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS). b.Contractor must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP participants are consistent with the eligible uses under HHAP. c.Contractor agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Contractor to CES for assessment and prioritization within seventy-two       Packet Page. 68 Revised 06/23/2023 Page 7 of 38 (72) hours. Contractor understands that individuals and/or families may not be referred to Contractor and may be referred to another service provider based upon the CES assessment. B.3.2 Data Reporting a.Contractor will submit to OHS detailed reports containing information listed in Exhibit 3 – HHAP REPORTING REQUIREMENTS. b.A report will be due forty-five (45) days after the date of expiration of this Contract or upon completion of Contract services. c.Contractor shall submit additional reports as required by the State or County. B.3.3 Equipment and Other Property All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-3 funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the County when the Contract is terminated. Additional terms are as follows: a.The purchase of any furniture or equipment which was not included in Contractor’s approved budget, shall require the prior written approval of the County, and shall fulfill the provisions of this Contract which are appropriate and directly related to Contractor’s services or activities under the terms of the Contract. The County may refuse approval for any cost resulting from such items purchased, which are incurred by Contractor, if prior written approval has not been obtained from the County. b.Before equipment purchases made by Contractor are approved by the County, Contractor must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract. c.Contractor shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased. Contractor must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft. Equipment with cost exceeding County’s capitalization threshold of $5,000 must be depreciated. d.No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-3 funds. e.Upon termination of this Contract, Contractor will provide a final inventory to the County and shall at that time query the County as to requirements, including the manner and method in returning equipment to the County. Final disposition of such equipment shall be in accordance with instructions from the County. B.3.4 Financial Management a.Review, understanding, and certification that quarterly expenditure reports submitted to the County meet eligible expenses under HHAP-3 and State requirements. The County shall have no obligation to advance or pay Contractor with any funds other than HHAP-3 funds the County receives from the State. b.Contractor attests that by submitting a quarterly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-3 funding. Contractor shall be required to repay County for non-eligible expenditures that may inadvertently be processed by the County.       Packet Page. 69 Revised 06/23/2023 Page 8 of 38 c.Budget Changes – Contractor agrees that no changes shall be made to Contractor’s HHAP-3 budget without first obtaining approval. No more than the amounts specified in Exhibit 1 – HHAP-3 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by Contractor in writing through OHS. Changes must be approved by the County and/or the State. d.Documentation of Costs and Other Financial Reporting Contractor will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures. Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the County shall have the right to audit the records of the Contractor as they relate to the Contract and the activities and services described herein. Contractor shall also: 1)Maintain an effective system of internal fiscal control and accountability for all HHAP-3 funds and property acquired or improved with HHAP-3 funds, and make sure the same are used solely for authorized purposes. 2)Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the Contractor’s accounting records. 3)Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract. 4)Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary. 5)Inform the County concerning any funds allocated to Contractor, that the Contractor anticipates will not be expended during the term of this Contract. 6)Repay the County any funds in its possession at the time of the termination of this Contract that may be due to the County; e.g., ineligible costs, unexpended funds, etc. B.3.5 Funding a.This Contract is valid and enforceable only if sufficient funds are made available to County by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b.Contractor must establish and maintain effective internal controls over all funding awarded to Contractor by the County to provide reasonable assurance that Contractor complies with Federal, State, and County statutes, regulations, and terms and conditions of the Contract. c.County may base funding for Contractor upon positive performance outcomes, which OHS will monitor throughout the year. d.Contractor must be able to demonstrate that HHAP-3 funds were expended for eligible uses to benefit members of the Target Population. e.Funds allocated pursuant to this Contract shall be used exclusively for costs included in Contractor’s Program budget. Contract funds shall not be used as       Packet Page. 70 Revised 06/23/2023 Page 9 of 38 security or to guarantee payments for any non-program obligations nor as loans for non-program activities. f.Contractor certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities. g.Ineligible Costs – HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-3 and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219. The County or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If Contractor or its Subcontractors use HHAP-3 funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the County within thirty (30) days of the request. 1)An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the County by Contractor. 2)The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-3 funds. 3)Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-3 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of Contractor and services or housing capacity will be lost as a result of these funds ending, HHAP-3 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant]. h.Contractor must expend: 1)No less than fifty percent (50%) of HHAP-3 funds by May 31, 2024; 2)One hundred percent (100%) of HHAP-3 funds by June 30, 2026; and “Expend” means all HHAP-3 funds obligated under this Contract have been fully paid and receipted, and no invoices remain outstanding.” Reports submitted by the Contractor will be used to ensure that Contractor is on track to expend fifty percent (50%) of HHAP-3 funds by May 31, 2024 and one hundred percent (100%) of HHAP-3 funds by June 30, 2026. Contractor may submit a request to OHS prior to May 31, 2024 if Contractor is not on track to expend 50% of the HHAP-3 funds by May 31, 2024 proposing an alternative expenditure rate to meet the June 20, 2026 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request. If, by January 1, 2026, Contractor has not submitted reports showing an expenditure of at least eighty percent (80%) of the HHAP-3 funds, the remaining twenty percent (20%) will be returned and reallocated. i.HHAP-3 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that Contractor has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award. j.All proceeds from any interest-bearing account established by the Contractor for the deposit of HHAP-3 funds must be used for HHAP-eligible activities. Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (i.e., Exhibit 7 – HHAP-3 Expenditure Report).       Packet Page. 71 Revised 06/23/2023 Page 10 of 38 k.Any housing-related activities funded with HHAP-3 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b). l.Contractor confirms that rental assistance will be issued directly to a property owner or an agent authorized to act on behalf of a property owner. m.Joint Funding – For all programs and services for which there are sources of funds in addition to County funds as provided under this Contract, Contractor shall provide proof of such funding. Contractor must be able to account for the receipt, obligation and expenditure of funds. The County shall NOT pay for any services provided by Contractor which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. n.The County reserves the right to reduce the Contract award when the County’s fiscal monitoring indicates that Contractor’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with Contractor. Such changes shall be incorporated into this Contract by written amendment(s). B.3.6 Fiscal Award Monitoring a.The County has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations. b.Contractor agrees to furnish duly authorized representatives from the County and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services. c.If the State or the County determines that all, or any part of, the payments made by the County to Contractor pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by Contractor to the County. In the event such payment is not made on demand, the County may withhold future disbursements to Contractor until such disallowances are paid by Contractor. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the County’s sole and absolute discretion. d.If there is a conflict between a State audit of this Contract and a County audit of this Contract, the State audit shall take precedence. B.3.7 Closeout Contractor shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP funds, and a final financial report, upon termination or completion of the services specified in this Contract. Contractor agrees to adhere to and comply with all of the closeout procedures detailed below; including, but not limited to the following: a.Disposition of Program assets shall be determined by the County when the Contract is terminated. b.Contractor shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a Program audit by the County.       Packet Page. 72 Revised 06/23/2023 Page 11 of 38 c.Any unobligated/unexpended funds disbursed in advance to Contractor shall be returned to the County within thirty (30) days after the expiration of the Contract term, or in accordance with Section B.3.5.h, whichever occurs first. This obligation shall survive the expiration of the Contract. d.Contractor must account for any real and personal property acquired with HHAP- 3 funds. e.Closeout will remain pending until all requirements are met and all outstanding issues with the Contractor have been resolved to the satisfaction of the County. B.3.8 Homeless Management Information System The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the County. Contractor must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2017 HMIS Data Standards, on file with OHS. a.Contractor shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the Contractor agrees to share HMIS data with other HHAP funded agencies, unless prohibited by law. b.Contractor is required to work with OHS staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to Contractor’s program. Contractor’s program profile must be setup prior to Contractor submitting their first HHAP Disbursement Request form. c.Contractor shall submit a copy of HMIS reports (see Exhibit 4 – HMIS DATA REPORT SAMPLE) with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the Contractor is using a comparable database shall be delivered to the County. The contact information for the "HMIS Lead Agency" is: Robin Kennedy, HMIS Lead San Bernardino County Office of Homeless Services 560 E. Hospitality Ln., Ste. 200 San Bernardino CA 92415-0044 Robin.Kennedy@hss.sbcounty.gov Phone: 909-501-0610 d.Contractor must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-3 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. Contractor will be notified by OHS, and if not rectified, the Contract may be terminated at the County’s sole and absolute discretion. e.In addition to the timely entry of HMIS data, Contractor is required to enter accurate and complete data. The County will ensure Contractor adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered: 1)Client Demographic Data a)Name b)Social Security Number       Packet Page. 73 Revised 06/23/2023 Page 12 of 38 c)Date of Birth d)Race e)Ethnicity f)Gender g)Veteran Status 2)Universal Data a)Disabling Condition b)Project Start Date c)Project Exit Date d)Destination e)Relationship to Head of Household f)Client Location g)Housing Move-in Date h)Living Situation 3)Common Program Specific Data Elements a)Income and Sources b)Non-Cash Benefits c)Health Insurance d)Disability Elements e)Physical Disability f)Developmental Disability g)Chronic Health Condition h)HIV/AIDS i)Mental Health Problem j)Substance Abuse k)Domestic Violence l)Contact m)Date of Engagement n)Bed-Night Date o)Housing Assessment Disposition 4)Data Timeliness a)Entry Timeliness b)Exit Timeliness f.According to Data Quality Standards, Contractor is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on Contractor’s HMIS Data Quality Report Sample, see Exhibit 5. The report will be generated by Contractor and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with Contractor to determine methods to remediate and/or improve data quality scores.       Packet Page. 74 Revised 06/23/2023 Page 13 of 38 g.If Contractor continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, County may terminate Contract as set forth in CORRECTION OF PERFORMANCE DEFICIENCIES Section. h.Contractor agrees to provide the County and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment. B.3.9 Housing First The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP projects must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b) (see Exhibit 6). B.3.10 Program Participant Eligibility Contractor shall ensure that: a.HHAP-3 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations: 1)An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: a)An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; b)An individual or family living in a supervised publicly or privately- operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State and local government programs for low-income individuals); or c)An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. 2)An individual or family who will imminently lose their primary nighttime residence, provided that: a)The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; b)No subsequent residence has been identified; and c)The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing; 3)Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: a)Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against       Packet Page. 75 Revised 06/23/2023 Page 14 of 38 Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); b)Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; c)Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and d)Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or 4)Any individual or family who: a)Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life- threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; b)Has no other residence; and c)Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing. b.HHAP-3 participants are referred by CES to Contractor. c.Contractor coordinates Program enrollment and services in collaboration with CES. B.3.11 Job Training and Employment Contractor agrees to refer HHAP-3 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Contractor also agrees to refer eligible “work ready” clients to the County’s Community Employment Pathways (CEP) program for job placement services. Number of participants who have been referred to WDD and CEP will be reported on a quarterly basis by Contractor. B.3.12 Staffing Requirements Contractor shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (ex. Case managers, Clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists). Contractor must have the readiness capacity to immediately perform and administer homeless efforts through HHAP funding. C. GENERAL CONTRACT REQUIREMENTS C.1 Recitals       Packet Page. 76 Revised 06/23/2023 Page 15 of 38 The recitals set forth above are true and correct and incorporated herein by this reference. C.2 Contract Amendments Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County. C.3 Contract Assignability Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. C.4 Contract Exclusivity This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract. C.5 Attorney’s Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements. C.6 Background Checks for Contractor Personnel Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility. C.7 Change of Address Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change. C.8 Choice of Law This Contract shall be governed by and construed according to the laws of the State of California. C.9 Compliance with County Policy In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous       Packet Page. 77 Revised 06/23/2023 Page 16 of 38 posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate. County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract. C.10 Confidentiality Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract. C.11 Primary Point of Contact Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available. C.12 County Representative The Director of Community Development and Housing or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract. C.13 Damage to County Property Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence. If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion. C. 14 Debarment and Suspension Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. C.15 Drug and Alcohol Free Workplace In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:       Packet Page. 78 Revised 06/23/2023 Page 17 of 38 C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance. C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance. C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above. C.16 Duration of Terms This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract. C.17 Employment Discrimination During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. C.18 Environmental Requirements In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable. To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form. C.19 Improper Influence Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.       Packet Page. 79 Revised 06/23/2023 Page 18 of 38 C.20 Improper Consideration Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded. Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. C.21 Informal Dispute Resolution In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. C.22 Legality and Severability The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect. C.23 Licenses, Permits and/or Certifications Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract. C.24 Material Misstatement/Misrepresentation If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. C.25 Mutual Covenants The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”. C.26 Nondisclosure Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or       Packet Page. 80 Revised 06/23/2023 Page 19 of 38 otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data. C.27 Notice of Delays Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. C.28 Ownership of Documents All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items. C.29 Reserved C.30 Air, Water Pollution Control, Safety and Health Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract. C.31 Records Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract. All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. C.32 Relationship of the Parties Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C.33 Release of Information No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County. C.34 Representation of the County In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.       Packet Page. 81 Revised 06/23/2023 Page 20 of 38 C.35 Strict Performance Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter. C.36 Subcontracting Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel. For any subcontractor, Contractor shall: 36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and 36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County. 36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements. Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County. C. 37 Subpoena In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County. C.38 Termination for Convenience The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports. C.39 Time of the Essence Time is of the essence in performance of this Contract and of each of its provisions. C.40 Venue       Packet Page. 82 Revised 06/23/2023 Page 21 of 38 The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District. C.41 Conflict of Interest Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant. C.42 Former County Administrative Officials Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. C.43 Disclosure of Criminal and Civil Procedures The County reserves the right to request the information described herein from the Contractor. Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination. Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail. In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those       Packet Page. 83 Revised 06/23/2023 Page 22 of 38 individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail. For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations. C.44 Reserved C.45 Reserved C.46 Iran Contracting Act IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable. Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. C.47 Reserved C.48 Reserved C.49 Reserved C.50 Executive Order N-6-22 Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the County. C.51 Reserved C.52 Reserved D. TERM OF CONTRACT This Contract is effective as of October 3, 2023 and expires June 30, 2026 but may be terminated earlier in accordance with provisions of this Contract.       Packet Page. 84 Revised 06/23/2023 Page 23 of 38 E. COUNTY RESPONSIBILITIES E.1 OHS shall provide technical assistance to Contractor. E.2 OHS shall participate in evaluating the progress of the overall program. E.3 OHS shall monitor Contractor on a regular basis in regard to compliance with Contractual requirements. F. FISCAL PROVISIONS F.1 The maximum amount of payment under this Contract shall not exceed $808,385.87 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem. F.2 Quarterly disbursements will be made to the Contractor based upon satisfactory performance under the terms of this Contract. F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments. F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract. F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport. G. INDEMNIFICATION AND INSURANCE REQUIREMENTS G.1 Indemnification The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.       Packet Page. 85 Revised 06/23/2023 Page 24 of 38 G.2 Additional Insured All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. G.3 Waiver of Subrogation Rights The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. G.4 Policies Primary and Non-Contributory All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County. G.5 Severability of Interests The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy. G.6 Proof of Coverage The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. G.7 Acceptability of Insurance Carrier Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”. G.8 Deductibles and Self-Insured Retention Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. G.9 Failure to Procure Coverage In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. G.10 Insurance Review Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any       Packet Page. 86 Revised 06/23/2023 Page 25 of 38 insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so. Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown: G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract. If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance. G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: a. Premises operations and mobile equipment. b. Products and completed operations. c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards. e. Personal injury. f. Contractual liability. g. $2,000,000 general aggregate limit.       Packet Page. 87 Revised 06/23/2023 Page 26 of 38 G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits or Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County. If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the state of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion. G.11.6 Reserved G.11.7 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit. H. RIGHT TO MONITOR AND AUDIT H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.       Packet Page. 88 Revised 06/23/2023 Page 27 of 38 H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later. I. CORRECTION OF PERFORMANCE DEFICIENCIES I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements, or conditions of this Contract shall be a material breach of this Contract. I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but not yet paid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. J. NOTICES All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows: San Bernardino County Office of Homeless Services 560 E. Hospitality Ln. Ste. 200 San Bernardino, CA 92415-0044 City of San Bernardino Attn: Cassandra Searcy 290 N. D St., 3rd Fl. San Bernardino, CA 92401 Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph. K. ENTIRE AGREEMENT This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. L. ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.       Packet Page. 89 Revised 06/23/2023 Page 28 of 38 IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. FOR County USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Carrie Harmon, Director Date Date Date SAN BERNARDINO COUNTY City of San Bernardino (Print or type name of corporation, company, contractor, etc.) By Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:Name Charles E. McNeely SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Interim City Manager Lynna Monell Clerk of the Board of Supervisors of the San Bernardino County (Print or Type) By Dated: Deputy Address 290 N. D St., 3rd Fl. San Bernardino, CA 92401       Packet Page. 90 Revised 06/23/2023 Page 29 of 38 EXHIBIT 1 – AWARD BY CATEGORY HHAP Award by Category City of San Bernardino October 3, 2023 through June 30, 2026 Eligible Use Category Award/Allocation Service Unit Number Expected to be Served Rapid Rehousing: Operating Subsidies: Street Outreach: Services Coordination: Systems Support: Delivery of Permanent Housing: Prevention and shelter Diversion: Interim sheltering:$808,385.87 Beds N/A Improvements to existing emergency shelters: Homeless Youth (Countywide): Total Award $808,385.87       Packet Page. 91 Revised 06/23/2023 Page 30 of 38 EXHIBIT 2 – SCOPE OF WORK The City of San Bernardino seeks to meet a high priority local need by developing a 224-bed non-congregate, low barrier navigation center called SB HOPE Campus that will provide interim housing for homeless men, women and families and recuperative care for homeless persons discharged from hospitals, but who are still in need of medical care for chronic or acute health condition. SB HOPE Campus will resemble an actual campus and have four distinct components: •Interim Housing •Recuperative Care/Medical Respite •Onsite Supportive Services, and •Animal Kennel Unlike a traditional shelter, SB HOPE Campus will have day center type qualities as participants will not be forced back out into the community each day. Instead, occupants can remain in the center to work on their individualized case plans. This model will help to reduce homeless foot traffic in community and reduce the spread of COVID-19. The interim housing component aligns with CDC guidelines as occupants will be assigned to a single, double, or family occupancy unit depending on status. CDC's interim guidance for homeless persons living on the street recommend the use of motel or private rooms versus congregate shelters to help reduce the spread of COVID-19. SB HOPE Campus's unique and innovative design for interim housing will allow occupants a level of privacy, comfort and security in their assigned room or family unit. Scope of Services Along with interim housing, SB HOPE Campus will include an on-site medical clinic and a variety of on-site supportive services including: •Case Management •Substance Use Counseling •Behavioral Health Services •Physical Health Services •Housing Navigation/Tenancy Support •Life Skills Training/Financial Literacy Classes •Rental & Utility Assistance (for those at risk of homelessness) •Pet Care •Assistance with Documentation Readiness, and •Help with Income Stabilization o Assistance with Public Benefit Application o Job Readiness Training/Job Placement       Packet Page. 92 Revised 06/23/2023 Page 31 of 38 EXHIBIT 3 – HHAP REPORTING REQUIREMENTS A.Detailed reports containing, at minimum, the following information: 1. Amount awarded to Contractor with activity(ies) identified; 2. Contract expenditures; 3. Unduplicated number of homeless persons and households served by HHAP-3 funds; 4. Unduplicated number of persons and households at imminent risk of homelessness served by HHAP- 3 funds; 5. Number of instances of service; 6. Increases in capacity for new and existing programs; 7. Number of unsheltered homeless persons and homeless households becoming sheltered; and 8. Number of homeless persons and homeless households entering permanent housing. 9. Number of homeless persons and households successfully exited from HHAP-3 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-3. 10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-3 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-3. B.Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development: 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth 4. Homeless persons in families with children C.Counts by subpopulation will not be required in cases where that information is unavailable, but is expected in cases where client information is entered in the Homeless Management Information System (HMIS).       Packet Page. 93 Revised 06/23/2023 Page 32 of 38 EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE       Packet Page. 94 Revised 06/23/2023 Page 33 of 38 EXHIBIT 5 – HMIS DATA QUALITY REPORT SAMPLE       Packet Page. 95 Revised 06/23/2023 Page 34 of 38       Packet Page. 96 Revised 06/23/2023 Page 35 of 38 EXHIBIT 6 State of California WELFARE AND INSTITUTIONS CODE Section 8255 8255. For purposes of this chapter: (a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following: (1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. (7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence- based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. (10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.       Packet Page. 97 Revised 06/23/2023 Page 36 of 38 (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations. (d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services. (2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment. (B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance. (e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter. (Amended by Stats. 2021, Ch. 398, Sec. 3. (AB 1220) Effective January 1, 2022.)       Packet Page. 98 Revised 06/23/2023 Page 37 of 38 EXHIBIT 7       Packet Page. 99 Revised 06/23/2023 Page 38 of 38       Packet Page. 100 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Barbara G. Whitehorn, Director of Finance and Management Services Department:Finance Subject:Resolutions updating the Bank and Investment Account Signature Authority (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority. Executive Summary With the recent organizational changes in the City’s personnel and organizational structure, it is necessary to update the signature authority on all City and Successor Agency bank and investment accounts. Background The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur. Discussion Most banking institutions require approval from the organizations’ governing body through the adoption of a resolution and/or minutes from the meeting showing adoption and approval. The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:       Packet Page. 101 1. Wells Fargo Bank, City; 2. Wells Fargo Bank, Successor Agency; 3. U.S. Bank, City; 4. U.S. Bank, Successor Agency; 5. BNY (Bank of New York) Mellon, City; 6. BNY (Bank of New York) Mellon, Successor Agency; 7. Citizens Business Bank, Successor Agency; and 8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to participate in a major portfolio managed through the State Treasurer’s Office. Resolutions 1 through 8 have been prepared for the various banking and investment accounts to implement the changes in signature authority. Following approval by the Mayor and City Council of the City of San Bernardino, California, and approval by the Mayor and City Council acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, staff will forward all appropriate resolutions to each affected banking institution. In addition, as stated in the City’s current Investment Policy, the Director of Finance is charged with responsibility of carrying out all investment actions, which may include day-to-day investment activities or the utilization of external investment advisor services to assist with the investment program. As such, in April-2021 the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution 9 has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers: i. Cantor Fitzgerald; ii. Higgins Capital Management; iii. Raymond James; and iv. Stifel. 2021-2025 Strategic Targets and Goals Approval of the aforementioned resolutions align with Key Target No. 1: Financial Stability by ensuring that the financial and administrative requirements to continue day- to-day operations in the Finance department are completed and kept up to date. Fiscal Impact There is no fiscal impact associated with adopting the attached Resolutions. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and       Packet Page. 102 Successor Agency’s bank and investment account signature authority. Attachments Attachment 1- Resolution 2023-161 - Wells Fargo Bank, City Attachment 2 - Resolution 2023-162 - Wells Fargo Bank, Successor Agency Attachment 3 - Resolution 2023-163 - Local Agency Investment Fund (LAIF), City Attachment 4 - Resolution 2023-164 - U.S. Bank, City Attachment 5 - Resolution 2023-165 - U.S. Bank, Successor Agency Attachment 6 - Resolution 2023-166 - BNY (Bank of New York) Mellon, City Attachment 7 - Resolution 2023-167 - BNY (Bank of New York) Mellon, Successor Agency Attachment 8 - Resolution 2023-168 - Citizens Business Bank, Successor Agency Attachment 9 - Resolution 2023-169 - Authorized Brokers or Dealers for the City and Successor Agency Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 103 Resolution 2023-161 Resolution 2023-161 November 1, 2021 Page 1 of 3 RESOLUTION NO. 2023-161 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with Wells Fargo Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Wells Fargo Bank are hereby revoked. SECTION 3. The authorized account signers on Wells Fargo Bank accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this       Packet Page. 104 Resolution 2023-____ Resolution 2023-161 Resolution 2023-161 November 1, 2021 Page 2 of 3 3 6 0 4 Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor, City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 105 Resolution 2023-____ Resolution 2023-161 Resolution 2023-161 November 1, 2021 Page 3 of 3 3 6 0 4 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. 2023-161, adopted at a regular meeting held on the 1st day of November, 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 Page. 106 Resolution 2023-162 Resolution 2023-162 November 1, 2023 Page 1 of 3 RESOLUTION NO. 2023-162 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Wells Fargo Bank is a federally chartered banks under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with Wells Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with the Wells Fargo Bank are hereby revoked. SECTION 3. The authorized account signers on Wells Fargo Bank - Successor Agency’s accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune       Packet Page. 107 Resolution 2023-162 Resolution 2023-162 November 1, 2023 Page 2 of 3 3 6 1 0 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 108 Resolution 2023-162 Resolution 2023-162 November 1, 2023 Page 3 of 3 3 6 1 0 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. 2023-162, adopted at a regular meeting held on the 1st day of November, 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 Page. 109 Resolution 2023-163 Resolution 2023-163 November 1, 2023 Page 1 of 3 3 6 1 1 RESOLUTION NO. 2023-163 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR CITIZENS BUSINESS BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Citizens Business Bank accounts; and WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with Citizens Business Bank are hereby revoked. SECTION 3. The authorized account signers on Citizens Business Bank - Successor Agency’s accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune       Packet Page. 110 Resolution 2023-163 Resolution 2023-163 November 1, 2023 Page 2 of 3 3 6 1 1 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 111 Resolution 2023-163 Resolution 2023-163 November 1, 2023 Page 3 of 3 3 6 1 1 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. 2023-163, adopted at a regular meeting held on the 1st day of November, 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 Page. 112 Resolution 2023-164 November 1, 2023 Resolution 2023-164 Page 1 of 3 3 6 1 2 RESOLUTION NO. 2023-164 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR U.S. BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on U.S. Bank accounts; and WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with U.S. Bank are hereby revoked. SECTION 3. The authorized account signers on U.S. Bank accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.       Packet Page. 113 Resolution 2023-164 November 1, 2023 Resolution 2023-164 Page 2 of 3 3 6 1 2 SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor, City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 114 Resolution 2023-164 November 1, 2023 Resolution 2023-164 Page 3 of 3 3 6 1 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. 2023-164, adopted at a regular meeting held on the 1st day of November, 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 Page. 115 Resolution 2023-165 Resolution 2023-165 November 1, 2023 Page 1 of 3 3 6 1 5 RESOLUTION NO. 2023-165 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR U.S. BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with U. S. Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on U.S. Bank accounts; and WHEREAS, U.S. Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with U.S. Bank are hereby revoked. SECTION 3. The authorized account signers on U.S. Bank - Successor Agency’s accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune       Packet Page. 116 Resolution 2023-165 Resolution 2023-165 November 1, 2023 Page 2 of 3 3 6 1 5 3 6 1 5 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 117 Resolution 2023-165 Resolution 2023-165 November 1, 2023 Page 3 of 3 3 6 1 5 3 6 1 5 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. 2023-165, adopted at a regular meeting held on the 1st day of November, 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 Page. 118 Resolution 2023-166 Resolution 2023-166 November 1, 2023 Page 1 of 3 3 6 1 6 RESOLUTION NO. 2023-166 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR BANK OF NEW YORK (BNY) MELLON BANK ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, BNY Mellon Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with BNY Mellon Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on BNY Mellon Bank accounts; and WHEREAS, BNY Mellon Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with BNY Mellon Bank are hereby revoked. SECTION 3. The authorized account signers on BNY Mellon Bank accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is       Packet Page. 119 Resolution 2023-166 Resolution 2023-166 November 1, 2023 Page 2 of 3 3 6 1 6 covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor, City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 120 Resolution 2023-166 Resolution 2023-166 November 1, 2023 Page 3 of 3 3 6 1 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. 2023-166, adopted at a regular meeting held on the 1st day of November, 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 Page. 121 Resolution 2023-167 Resolution 2023-167 November 1, 2023 Page 1 of 3 3 6 1 7 RESOLUTION NO. 2023-167 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR BANK OF NEW YORK (BNY) MELLON BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States; and WHEREAS, the Successor Agency needs to update its signatories periodically with BNY Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on BNY Mellon’s bank accounts; and WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with BNY Mellon Bank are hereby revoked. SECTION 3. The authorized account signers on BNY Mellon - Successor Agency’s accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune       Packet Page. 122 Resolution 2023-167 Resolution 2023-167 November 1, 2023 Page 2 of 3 3 6 1 7 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency. SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 123 Resolution 2023-167 Resolution 2023-167 November 1, 2023 Page 3 of 3 3 6 1 7 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. 2023-167, adopted at a regular meeting held on the 1st day of November, 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 Page. 124 Resolution 2023-168 Resolution 2023-168 November 1, 2023 Page 1 of 3 3 6 1 8 RESOLUTION NO. 2023-168 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES FOR THE LOCAL AGENCY INVESTMENT FUND (LAIF) ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, the Local Agency investment Funds (LAIF) was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the City. The State Treasurer will invest such funds as part of a pooled money investment account I order to derive the maximum rate of return possible; and WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under the City’s investment policy and under Government Code Section 53600; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with LAIF due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on LAIF accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with LAIF on behalf of the City; and WHEREAS, deposits may only come from, and withdrawals may only be made by designated authorized signers on the account. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the Local Investment Agency Fund are hereby revoked. SECTION 3. The authorized account signers on LAIF accounts are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune       Packet Page. 125 Resolution 2023-168 Resolution 2023-168 November 1, 2023 Page 2 of 3 3 6 1 8 SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor, City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 126 Resolution 2023-168 Resolution 2023-168 November 1, 2023 Page 3 of 3 3 6 1 8 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. 2023-168, adopted at a regular meeting held on the 1st day of November, 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 Page. 127 Resolution 2023-169 Resolution 2023-169 November 1, 2023 Page 1 of 3 3 6 1 9 RESOLUTION NO. 2023-169 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING REGISTERED BROKER / DEALERS AND SIGNATORIES FOR CITY OF SAN BERNARDINO INVESTMENT ACCOUNTS WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and WHEREAS, the following firms are approved broker/dealers registered with the U.S. Securities and Exchange Commission: (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with the brokers/dealers above due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on the above broker/dealer accounts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the following broker/dealers (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel are hereby revoked. SECTION 3. The authorized account signers are as follows: Position Individual Name Assistant City Manager Edelia Eveland Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren Deputy Director of Finance Cynthia Jeannie Abano Fortune SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency. SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City. SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this       Packet Page. 128 Resolution 2023-169 Resolution 2023-169 November 1, 2023 Page 2 of 3 3 6 1 9 Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023. Helen Tran, Mayor, City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 129 Resolution 2023-169 Resolution 2023-169 November 1, 2023 Page 3 of 3 3 6 1 9 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. 2023-169, adopted at a regular meeting held on the 1st day of November, 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 Page. 130 1 6 4 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Suzie H. Soren, Director of Human Resources Department:Human Resources Subject:Professional Services Agreement with AdminSure for Workers' Compensation Third Party Administrator Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with AdminSure for workers’ compensation claims administrator services. Executive Summary Staff prepared a Request for Proposal (RFP) for workers’ compensation third party administrator services which garnered seven responses. The proposals were evaluated and AdminSure was selected as the most qualified respondent. Background In July of 2017, The Mayor and City Council approved an agreement with AdminSure for workers’ compensation third party administrator (TPA) services. After five years with the current TPA, staff determined that it would be consistent with best practices to request proposals to compare costs and TPA providers. Staff released an RFP that garnered seven proposals from the respondents listed below. The proposals were evaluated by staff from the Human Resources Department, the San Bernardino Water Department, and the Police Department. The cost of the contract and the quality of claims services to be provided were considered in determining the most qualified respondent. RFP Respondent Group Score AdminSure 74 EK Health Services 33 Innovative Claims Strategies 55       Packet Page. 131 1 6 4 9 Lien On Me 52 Encompass Health Solutions 45 Tristar 70 Acclamation Insurance Management Services 67 AdminSure demonstrated the highest level of services and at a very competitive annual administrative price with fixed claim services fees. Although price is not the exclusive consideration in evaluating companies, staff believes AdminSure will provide outstanding workers’ compensation claim management services, and most importantly, a high level of customer service to City employees. Therefore, AdminSure was selected as the most responsive bidder. The existing contract with AdminSure expired on June 30, 2023. AdminSure has provided services to date to allow for the RFP process to be completed. This contract date of the Professional Services Agreement is July 1, 2023 to ensure continuity of service. Discussion AdminSure was distinguished from the other TPA providers because of its experience with full-service municipal agencies including public works and safety services. AdminSure’s integrated model offers the City stability in managing its program through a single vendor which minimizes service disruptions to staff, employees, and most importantly, the injured worker by providing a single point of contact. During the interview process it was clear that AdminSure’s approach to service is client-based and client-focused. Further, they provided achievement methods that are easily measured, managed, and understood. This can be exceedingly difficult to obtain with the complicated cost associated with a worker’s compensation program. AdminSure will provide unified services inclusive of claims administration, and a suite of managed care services that includes medical bill review, utilization review, medical providers, and nurse case managers at a fixed price. AdminSure has provided references demonstrating its ability to complete the work included within the scope of this agreement. AdminSure’s professional reputation extends to over 78 public entity clients. 2021-2025 Strategic Targets and Goals The request to enter into a professional services agreement for workers’ compensation TPA services aligns with Goal No. 1.e.: Minimize risk and litigation exposure. The City’s TPA acts as an extension of the risk management division by providing experienced adjusters that work swiftly to help minimize lost time through proactive claims handling. Fiscal Impact       Packet Page. 132 1 6 4 9 There is sufficient funding in the FY 23/24 Operating Budget for this item. The annualized cost of this service is $417,504 for year one. For the years thereafter, the fee for services will increase at a rate not to exceed 3% per fiscal year. A table of the not-to-exceed cost each year is below. Year City not- to-exceed Water not- to-exceed Total not- to-exceed 1 $ 373,440 $ 44,064 $ 417,504 2 $ 384,643 $ 46,386 $ 430,029 3 $ 396,182 $ 47,778 $ 443,960 It is important to note that the amounts in the table above are not-to-exceed amounts. Actual amounts will vary as they are determined based on open claims. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with AdminSure for workers’ compensation claims administrator services. Attachments Attachment 1 – Professional Services Agreement Ward: All Wards Synopsis of Previous Council Actions: June 21, 2017 The Mayor and City Council approved an agreement with AdminSure to perform workers’ compensation third party administrator services.       Packet Page. 133 3 4 7 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND ADMINSURE This Agreement is made and entered into as of July 1, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), the City of San Bernardino Municipal Water Department, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1350 South E Street, San Bernardino, CA 92401 (“Water Department”) and AdminSure, a Corporation with its principal place of business at 3380 Shelby Street, Ontario, CA 91764 (hereinafter referred to as “Consultant”). The City, Water Department, and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. The City and Water Department are public agencies of the State of California and is in need of professional services for the following project: WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATOR SERVICES (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for the City and Water Department 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 and Water Department 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 The City and Water Department of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City or Water Department employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City and Water Department shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”       Packet Page. 134 3 4 7 3 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $373,440 for the City and $44,064 for the Water Department for year one. For the years thereafter, the fee for services will increase at a rate not to exceed 3% per fiscal year through June 30, 2026. This amount is to cover all related costs, and the City and Water Department will not pay any additional fees for printing expenses. Consultant may submit invoices to City and Water Department for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to the City and Water Department’s sole satisfaction. The City and Water Department shall pay Consultant’s invoice within forty-five (45) days from the date the City and Water Department 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, the City or the Water Department, 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 and Water Department 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 Water Department and executed by all Parties before performance of such services, or the City and Water Department 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 the City, Water Department, and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date, July 1, 2023, through June 30, 2026, with the option of two (2), one (1) year extensions, exercisable at the City and Water Department’s sole discretion. 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 and Water Department 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 and Water Department. 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 and Water Department to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither the City, Water Department nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the       Packet Page. 135 3 4 7 3 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 and Water Department 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 and Water Department, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and Water Department and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City and Water Department. 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       Packet Page. 136 3 4 7 3 this Agreement or any rights under or interest in this Agreement without the written consent of the City and Water Department, 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 or Water Department. No employee or agent of Consultant shall become an employee of City or Water Department. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from the City and Water Department 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 and Water Department until it has provided evidence satisfactory to the City and Water Department 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, the Water Department, 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 and Water Department. (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       Packet Page. 137 3 4 7 3 (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 the City, Water Department, 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 Water Department, and provided that such deductibles shall not apply to the City and Water Department 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 and Water Department. (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 the City, Water Department, its elected and appointed officials, officers, employees, agents, City and Water Department designated volunteers additional insured status. (iv) Subject to written approval by the City and Water Department, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City or Water Department 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.       Packet Page. 138 3 4 7 3 (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 Water Department 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 and Water Department. At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City and Water Department. 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       Packet Page. 139 3 4 7 3 (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 and Water Department evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City and Water Department 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 and Water Department 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, Water Department, 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, Water Department, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in       Packet Page. 140 3 4 7 3 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 Water Department, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and Water Department and shall not preclude the City or Water Department from taking such other actions available to the City and Water Department 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 and Water Department, 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 and Water Department, 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, the City and Water Department has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City and Water Department will be promptly reimbursed by Consultant or City and Water Department will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City and Water Department may cancel this Agreement. (iii) The City and Water Department may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City, Water Department nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or       Packet Page. 141 3 4 7 3 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 and Water Department 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 and Water Department as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the City and Water Department 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 and Water Department), indemnify and hold the City and Water Department, 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 and Water Department. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and Water Department, 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, Water Department, its elected officials, officers, employees and agents free       Packet Page. 142 3 4 7 3 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. 21. Termination or Abandonment a. The City and Water Department 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, the City and Water Department 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. The City and Water Department 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 the City, Water Department and Consultant of the portion of such task completed but not paid prior to said termination. The City and Water Department 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 the City and Water Department only in the event of substantial failure by the City and Water Department 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 and Water Department 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       Packet Page. 143 3 4 7 3 as may be required by the City and Water Department’s representative, regarding any services rendered under this Agreement at no additional cost to the City and Water Department. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City or Water Department, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and Water Department and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City or Water Department 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 and Water Department. 27. Organization. Consultant shall assign Alithia Vargas-Flores 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: Suzie H. Soren, Director of Human Resources With Copy To: City of San Bernardino Municipal Water Department 1350 South E Street San Bernardino, CA 92408 Attn: Robin L. Ohama, Deputy General Manager CONSULTANT: AdminSure, LLC 3380 Shelby Street Ontario, CA 91764 Attn: Alithia Vargas-Flores, Vice President       Packet Page. 144 3 4 7 3 City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City, Water Department, 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 the City, Water Department, and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City and Water Department. 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       Packet Page. 145 3 4 7 3 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. The City and Water Department 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 and Water Department shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City or Water Department, during the term of his or her service with City or Water Department, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 146 3 4 7 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND ADMINSURE 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 APPROVED BY: Robin L. Ohama Deputy General Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Alithia Vargas-Flores Name Vice President Title       Packet Page. 147 3 4 7 3 EXHIBIT A       Packet Page. 148 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Suzie H. Soren, Director of Human Resources Department:Human Resources Subject:Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-170: 1.Establishing the Director of Economic Development (U) classification; 2.Establishing the Director of Community Development and Housing (U) classification; and 3.Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Executive Summary These actions are the continuation of the strategic initiatives established at the May 2023 Mayor and City Council three-day workshop retreat (“Retreat”). Follow-up meetings included further discussion and direction, resulting in the establishment of the Director of Economic Development (U) and Director of Community Development and Housing (U). Background The Mayor and City Council held a three (3) day Retreat beginning on May 11, 2023, where goals and priorities for the City of San Bernardino were defined. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed. On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s       Packet Page. 149 goals and priorities. The Workshop was informational only and allowed staff to present a series of strategic initiatives and other programs and proposals for the Council’s future consideration. On September 12, 2023, staff presented a follow-up to the Workshop addressing the concerns that were raised and provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions and proposed establishing new position classifications within several departments. On October 18, 2023, staff brought forward a consent calendar item that recommended establishing six (6) new classifications and amended three (3) other classifications. The below constitutes the last two (2) positions agreed upon by Council to be established. Classification and compensation studies were conducted to determine the salary ranges of the new classifications. Considerations of the City’s current salary schedule was also contemplated. Discussion Below establishes the classifications and adds them to the City’s salary schedule only. The splitting of the current Community, Housing and Economic Development Department into an Economic Development Department and Community Development and Housing Department will be brought back for Mayor and City Council approval at a future date. The current Director of Community, Housing and Economic Development (U) classification will be split into two positions; Director of Community Development and Housing (U) and Director of Economic Development. The Director of Economic Development (U) will be a new unclassified position in the Executive bargaining unit, responsible for planning, organizing, and managing all economic development programs, activities, and operations for the new Economic Development Department. The incumbent will be tasked with developing and implementing economic development strategies for the City, including business attraction and development, retention and expansion, and business recovery and resiliency. In addition, this position will be leading business development marketing efforts and coordinating development activities between private developers and City officials; this position will be in salary range 662, $13,060-$15,874/month. The Director of Community Development and Housing (U) will be an unclassified position in the Executive bargaining unit, responsible for planning, managing, overseeing, and directing the general organization, supervision, financial management, and efficient operation of the Community Development and Housing Department. Responsibilities include Planning, Building, Housing and Code Enforcement functions. This classification will also be coordinating activities with other City officials, departments, outside agencies, contractors, organizations and the public while providing responsible and complex staff support to the City Manager and City Council; this position will be in salary range 662, $13,060-$15,874/month.       Packet Page. 150 As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement System’s (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Strategic Targets and Goals Establishing the proposed classifications and amending the salary schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently. Fiscal Impact There is no impact to the General Fund as costs were previously approved by the Mayor and City Council on September 12, 2023, and formally adopted and the budget amended on October 4, 2023. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-170: 1.Establishing the Director of Economic Development (U) classification; 2.Establishing the Director of Community Development and Housing (U) classification; and 3.Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Attachments Attachment 1 Resolution 2023-170 Attachment 2 Resolution 2023-170; Exhibit A – City-wide Salary Schedule Ward: All Wards Synopsis of Previous Council Actions: October 18, 2023 Mayor and City Council adopted Resolution No. 2023-157 amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions.       Packet Page. 151 Resolution No. 2023-170 Resolution 2023-170 November 1, 2023 Page 1 of 3 3 5 8 7 RESOLUTION NO. 2023-170 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 1. ESTABLISHING THE DIRECTOR OF ECONOMIC DEVELOPMENT (U) CLASSIFICATION; 2. ESTABLISHING THE DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U) CLASSIFICATION; AND 3. AMENDING THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL WHEREAS, the Mayor and City Council held a Retreat Workshop (“Retreat”) May 11, 2023 through May 13, 2023, where they defined their goals and priorities for the City of San Bernardino; and WHEREAS, on June 30, 2023, a Special Workshop (“Workshop”) was held to address the Council’s goals and priorities; and WHEREAS, on September 12, 2023, staff presented a follow-up to the June 30 Workshop providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities; and WHEREAS, the presentation contained the addition of several new positions and established new position classifications within several departments; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 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 classification of Director of Economic Development (U), range 662, $13,060-$15,874/month, is hereby established and approved. SECTION 3. The classification of Director of Community Development and Housing (U), range 662, $13,060-$15,874/month, is hereby established and approved.       Packet Page. 152 Resolution No. 2023-170 Resolution 2023-170 November 1, 2023 Page 2 of 3 3 5 8 7 SECTION 4. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 153 Resolution No. 2023-170 Resolution 2023-170 November 1, 2023 Page 3 of 3 3 5 8 7 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. 2023-170, adopted at a regular 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 Page. 154 ADOPTED 11/1/23 EFFECTIVE 11/2/23 EXHIBIT A City of San Bernardino Salary Schedule CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30011 30012 10012 20013 10860 30017 30018 30030 30709 10081 10092 10093 10534 20457 10979 30140 30141 30092 20320 30130 20319 30119 00300 20620 30400 30894 10492 30271 50141 10644 PENDING 30168 10216 10104 10105 10106 10107 20169 00194 10060 10062 20250 ACCOUNTANT I (FLEX) ACCOUNTANT II ACCOUNTANT II ‐ PAYROLL ACCOUNTANT III ACCOUNTING DIVISION MANAGER (U) ACCOUNTING TECHNICIAN I (FLEX) ACCOUNTING TECHNICIAN II ACCOUNTING TECHNICIAN III ADMINISTRATIVE ASSISTANT ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) ADMINISTRATIVE CLAIMS SPECIALIST ADMINISTRATIVE SERVICES SUPERVISOR ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) ANIMAL CONTROL OFFICER I (FLEX) ANIMAL CONTROL OFFICER II ANIMAL LICENSE INSPECTOR ANIMAL SERVICES MANAGER ANIMAL SERVICES REPRESENTATIVE ANIMAL SERVICES SUPERVISOR ANIMAL SHELTER ATTENDANT APPRENTICE (PT) 465 485 485 520 608 399 419 437 400 464 410 430 420 484 535 411 424 370 526 370 478 370 381 468 452 500 583 430 P6 705 365 486 580 430 480 530 580 515 493 608 581 542 $5,001.98 $5,527.33 $5,401.95 $6,575.74 $9,976.33 $3,599.92 $3,976.75 $4,350.27 $3,617.65 $4,864.68 $3,716.48 $4,106.44 $3,906.04 $5,494.91 $6,931.44 $3,821.59 $4,077.61 $3,114.46 $6,775.07 $3,114.46 $5,333.23 $3,114.46 $2,969.00 $5,073.00 $4,688.31 $5,956.26 $8,806.47 $4,201.75 $23,765.30 $16,184.19 $3,037.98 $5,555.04 $8,676.49 $4,106.44 $5,268.72 $6,761.38 $8,676.49 $6,414.06 $5,190.00 $9,976.33 $8,719.81 $7,338.73 $6,080.40 $6,718.81 $6,566.40 $7,993.21 $12,126.50 $4,374.65 $4,833.51 $5,287.93 $4,396.82 $5,913.23 $4,516.97 $4,990.33 $4,747.69 $6,678.72 $8,425.18 $4,645.09 $4,956.53 $3,786.12 $8,235.73 $3,786.12 $6,482.71 $3,786.12 $3,608.00 $6,167.11 $5,699.13 $7,239.73 $10,704.25 $5,106.16 $23,765.30 $19,669.95 $3,693.02 $6,752.06 $10,546.10 $4,990.33 $6,403.92 $8,218.29 $10,546.10 $7,796.09 $6,308.00 $12,126.50 $10,598.09 $8,920.10 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL GENERAL CONFIDENTIAL MIDDLE MANAGEMENT MANAGEMENT GENERAL GENERAL GENERAL GENERAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL MIDDLE MANAGEMENT MANAGEMENT GENERAL GENERAL GENERAL MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL NA AQUATICS SUPERVISOR ARBORIST ASSESSMENT DISTRICT/REAL PROP SPECIALIST ASSISTANT BUILDING OFFICIAL ASSISTANT BUYER MIDDLE MANAGEMENT GENERAL GENERAL MANAGEMENT GENERAL ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT EXECUTIVEASSISTANT CITY MANAGER (U) ASSISTANT LITERACY PROGRAM COORDINATOR ASSISTANT PLANNER (FLEX) ASSISTANT TO THE CITY MANAGER (U) ASSISTANT TO THE MAYOR I (U) ASSISTANT TO THE MAYOR II (U) ASSISTANT TO THE MAYOR III (U) ASSISTANT TO THE MAYOR IV (U) ASSOCIATE PLANNER GENERAL GENERAL MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT NA MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT BACKGROUND INVESTIGATOR (PT) BUDGET DIVISION MANAGER (U) BUDGET OFFICER BUILDING INSPECTION SUPERVISOR SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8       Packet Page. 155 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30072 30073 30074 10500 30502 20263 30650 30651 20271 10870 30292 10398 50280 10399 00601 10370 10495 10273 30450 30455 10135 30135 30890 30120 10100 30754 20923 30821 20925 20504 30758 20781 30990 20424 10072 30604 30603 00605 20600 30602 00054 20616 30621 30222 30226 30227 BUILDING INSPECTOR I (FLEX) BUILDING INSPECTOR II BUILDING INSPECTOR III BUILDING OFFICIAL (U) BUSINESS REGISTRATION INSPECTOR BUSINESS REGISTRATION MANAGER BUSINESS REGISTRATION REPRESENTATIVE I BUSINESS REGISTRATION REPRESENTATIVE II BUYER CAPITAL IMPROVEMENT PROJECT MANAGER CEMETERY CARETAKER CHIEF DEPUTY CITY CLERK (U) CHIEF OF POLICE CITY CLERK (U) CITY COUNCIL CITY MANAGER (U) CIVIL ENGINEERING DIVISION MANAGER (U) CODE ENFORCEMENT DIVISION MANAGER (U) CODE ENFORCEMENT OFFICER I (FLEX) CODE ENFORCEMENT OFFICER II COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT COMMUNITY DEVELOPMENT TECHNICIAN COMMUNITY INTERVENTION PROGRAM COORDINATOR COMMUNITY INTERVENTION PROGRAM MANAGER (U) COMMUNITY POLICING SPECIALIST COMMUNITY RECREATION MANAGER COMMUNITY RECREATION PROGRAM COORDINATOR COMMUNITY RECREATION PROGRAM SUPERVISOR COMMUNITY SERVICES CENTER SUPERVISOR COMMUNITY SERVICES OFFICER COMMUNITY SERVICES OFFICER SUPERVISOR COMMUNITY SERVICES PROGRAM COORDINATOR CONSTRUCTION MANAGER COUNCIL ADMINISTRATIVE SUPERVISOR (U) CRIME ANALYSIS SUPPORT ASSISTANT CRIME ANALYST 460 487 511 613 459 530 419 429 460 591 395 565 NA $4,878.95 $5,582.75 $6,292.09 $10,228.72 $4,854.57 $6,912.39 $3,976.75 $4,180.69 $4,874.77 $9,165.01 $3,527.87 $8,050.39 $28,565.57 $10,590.00 $3,125.00 $23,750.00 $10,591.59 $7,970.23 $4,437.83 $5,180.42 $5,321.79 $3,996.70 $4,549.77 $4,372.43 $9,586.38 $5,128.33 $7,869.18 $3,407.06 $5,605.65 $4,827.15 $4,138.57 $5,386.39 $4,372.43 $9,093.96 $5,998.80 $3,617.65 $5,752.33 $2,700.00 $5,662.13 $5,752.33 $2,687.00 $5,306.66 $3,083.43 $3,373.81 $3,545.61 $3,545.61 $5,930.77 $6,785.31 $7,648.71 $12,431.96 $5,900.85 $8,401.84 $4,833.51 $5,080.67 $5,925.69 $11,140.78 $4,288.20 $9,785.69 $28,565.57 $12,873.00 $3,125.00 $23,750.00 $12,873.91 $9,688.20 $5,394.33 $6,296.53 $6,468.91 $4,857.89 $5,530.66 $5,314.53 $11,652.05 $6,234.46 $9,564.61 $4,141.90 $6,813.83 $5,867.00 $5,030.79 $6,546.94 $5,314.53 $11,052.95 $7,291.06 $4,396.82 $6,991.46 $3,282.00 $6,882.49 $6,991.46 $3,266.00 $6,449.49 $3,748.43 $4,100.89 $4,310.37 $4,310.37 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL GENERAL GENERAL MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL MANAGEMENT EXECUTIVE 636 NA NA NA NA MANAGEMENT MANAGEMENT MANAGEMENT GENERAL GENERAL CONFIDENTIAL GENERAL 620 563 441 472 482 420 446 438 600 470 556 388 488 458 427 480 438 585 506 400 493 362 490 493 361 477 368 386 396 396 GENERAL GENERAL MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT CONFIDENTIAL GENERAL GENERAL NA MIDDLE MANAGEMENT GENERAL CRIME DATA TECHNICIAN (PT) CRIME FREE PROGRAM COORDINATOR CRIMINAL INVESTIGATION OFFICER CUSTODIAL AIDE (PT) CUSTODIAL SUPERVISOR CUSTODIAN CUSTOMER SERVICE REPRESENTATIVE CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) NA MIDDLE MANAGEMENT GENERAL GENERAL GENERAL GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8       Packet Page. 156 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30224 30100 10650 10654 10372 PENDING 10066 10720 10610 10638 10830 10732 10803 10802 10400 40466 10685 PENDING 09520 PENDING PENDING 09665 10625 10731 09753 20200 10140 10125 10127 10120 30831 30841 10367 30432 30434 30436 20441 10180 30445 10200 30420 20444 20024 20025 30921 30902 CUSTOMER SERVICE REPRESENTATIVE (U) DATA ANALYST DEPUTY CITY CLERK I (U) DEPUTY CITY CLERK II (U) DEPUTY CITY MANAGER (U) 386 444 490 530 681 619 629 629 629 629 629 629 678 662 575 P2 630 662 692 662 692 660 660 662 692 560 590 600 560 500 445 465 565 450 475 511 532 590 446 532 464 560 551 523 431 450 $3,373.81 $4,505.44 $5,538.44 $6,761.38 $14,357.90 $10,538.52 $11,077.95 $11,077.95 $11,077.95 $11,077.95 $11,077.95 $11,077.95 $14,144.51 $13,060.22 $8,462.01 $8,746.90 $11,133.20 $13,060.22 $15,168.14 $13,060.22 $15,168.14 $12,930.24 $12,930.24 $13,060.22 $15,168.14 $8,027.54 $9,119.52 $9,586.38 $7,852.17 $5,821.15 $4,527.60 $5,001.98 $8,050.39 $4,641.76 $5,258.00 $6,292.09 $6,981.04 $9,119.52 $4,549.77 $6,828.53 $4,977.59 $8,027.54 $7,675.38 $6,675.40 $4,221.70 $4,641.76 $4,100.89 $5,476.35 $6,732.13 $8,218.29 $17,452.63 $12,810.00 $13,465.34 $13,465.34 $13,465.34 $13,465.34 $13,465.34 $13,465.34 $17,192.66 $15,874.39 $10,286.13 $11,471.16 $13,532.50 $15,874.39 $18,436.18 $15,874.39 $18,436.18 $15,716.25 $15,716.25 $15,874.39 $18,436.18 $9,757.29 $11,085.54 $11,652.05 $9,544.13 $7,075.51 $5,502.95 $6,080.40 $9,785.69 $5,642.60 $6,391.85 $7,648.71 $8,486.00 $11,085.54 $5,530.66 $8,300.61 $6,050.47 $9,757.29 $9,329.84 $8,113.91 $5,131.65 $5,642.60 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL GENERAL CONFIDENTIAL MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT POLICE SAFETY EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE DEPUTY DIRECTOR OF ANIMAL SERVICES (U) DEPUTY DIRECTOR OF FINANCE (U) DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) DEPUTY DIRECTOR OF HUMAN RESOURCES (U) DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) DEPUTY DIRECTOR OF OPERATIONS (U) DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) DEPUTY DIRECTOR/CITY PLANNER (U) DEPUTY LIBRARY DIRECTOR (U) DETECTIVE/CORPORAL DIRECTOR OF ANIMAL SERVICES (U) DIRECTOR OF COMMUNITY DEVEOPMENT AND HOUSING (U) DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) DIRECTOR OF ECONOMIC DEVEOPMENT DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U) DIRECTOR OF HUMAN RESOURCES (U) DIRECTOR OF INFORMATION TECHNOLOGY (U) DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST DIVERSITY, EQUITY & INCLUSION OFFICER (U) ECONOMIC DEVELOPMENT DIVISION MANAGER (U) ECONOMIC DEVELOPMENT PROJECT MANAGER ECONOMIC DEVELOPMENT SPECIALIST ELECTRICIAN I (FLEX) ELECTRICIAN II EMERGENCY OPERATIONS MANAGER ENGINEERING ASSISTANT I (FLEX) ENGINEERING ASSISTANT II ENGINEERING ASSISTANT III ENGINEERING ASSOCIATE ENGINEERING PROJECT MANAGER ENGINEERING TECHNICIAN MIDDLE MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT CONFIDENTIAL GENERAL GENERAL MANAGEMENT GENERAL GENERAL GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL MANAGEMENT GENERAL MIDDLE MANAGEMENT MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER ENVIRONMENTAL PROGRAMS COORDINATOR ENVIRONMENTAL PROJECT MANAGER EQUIPMENT MAINTENANCE MANAGER EQUIPMENT MAINTENANCE SUPERVISOR EQUIPMENT MECHANIC I (FLEX) EQUIPMENT MECHANIC II GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8       Packet Page. 157 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30943 30707 10707 10982 10978 10976 10951 00083 10939 30623 20092 10512 30506 30944 00259 20060 30165 30166 20160 20490 10624 10623 10730 10778 30133 30136 20100 30098 30516 10700 10121 10129 10657 10683 10684 10682 10672 10673 30207 30101 10627 10626 10637 10631 10388 30638 EQUIPMENT SERVICE WORKER EXECUTIVE ASSISTANT EXECUTIVE ASSISTANT (U) 408 430 430 464 502 502 550 361 591 420 515 532 398 438 361 478 448 478 543 542 580 483 601 506 476 390 506 392 452 556 500 601 518 500 518 476 590 490 418 460 498 520 599 530 430 447 $3,765.06 $4,201.75 $4,106.44 $4,864.68 $5,879.65 $5,879.65 $7,469.79 $2,687.00 $9,165.01 $3,996.70 $6,414.06 $6,828.53 $3,581.07 $4,372.43 $2,687.00 $5,333.23 $4,596.32 $5,337.81 $7,375.28 $7,338.73 $8,676.49 $5,347.79 $9,634.04 $5,998.80 $5,284.61 $3,441.42 $6,132.78 $3,475.78 $4,688.31 $7,697.27 $5,821.15 $9,634.04 $6,368.17 $5,821.15 $6,368.17 $5,164.73 $9,119.52 $5,538.44 $3,956.80 $4,878.95 $5,763.74 $6,432.08 $9,538.72 $6,761.38 $4,106.44 $4,573.05 $4,576.37 $5,106.16 $4,990.33 $5,913.23 $7,147.00 $7,147.00 $9,080.52 $3,266.00 $11,140.78 $4,857.89 $7,796.09 $8,300.61 $4,353.59 $5,314.53 $3,266.00 $6,482.71 $5,586.08 $6,488.27 $8,964.40 $8,920.10 $10,546.10 $6,500.32 $11,710.55 $7,291.06 $6,423.99 $4,182.91 $7,453.90 $4,225.02 $5,699.13 $9,355.66 $7,075.51 $11,710.55 $7,740.59 $7,075.51 $7,740.59 $6,278.27 $11,085.54 $6,732.13 $4,810.23 $5,930.77 $7,006.18 $7,818.59 $11,593.56 $8,218.29 $4,990.33 $5,558.37 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL GENERAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL MANAGEMENT NA EXECUTIVE ASSISTANT TO DIRECTOR (U) EXECUTIVE ASSISTANT TO MAYOR (U) EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) EXTRA RELIEF HEAVY LABORER (PT) FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) FACILITIES MAINTENANCE MECHANIC FACILITIES MAINTENANCE SUPERVISOR FINANCIAL ANALYST FLEET PARTS STOREKEEPER FLEET PARTS TECHNICIAN FOOD SERVICE PROGRAM SPECIALIST (PT) FOOD SERVICE SUPERVISOR FORENSICS SPECIALIST I (FLEX) FORENSICS SPECIALIST II FORENSICS SUPERVISOR FORESTRY SUPERVISOR GIS ADMINISTRATOR GIS ANALYST GRANT DIVISION MANAGER (U) GRANT WRITER GRANTS ANALYST GRANTS ASSISTANT GRANTS MANAGER (U) MANAGEMENT GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL GENERAL NA MIDDLE MANAGEMENT GENERAL GENERAL MIDDLE MANAGEMENT MIDDLE MANAGEMENT CONFIDENTIAL CONFIDENTIAL MANAGEMENT CONFIDENTIAL GENERAL GENERAL MIDDLE MANAGEMENT GENERALGROUNDWORKER ARBORIST HAZMAT TECHNICIAN GENERAL HOMELESS SERVICES COORDINATOR HOUSING COMPLIANCE SPECIALIST HOUSING DIVISION MANAGER (U) HUMAN RESOURCES ANALYST HUMAN RESOURCES ANALYST I HUMAN RESOURCES ANALYST II HUMAN RESOURCES ANALYST TRAINEE HUMAN RESOURCES DIVISION MANAGER (U) HUMAN RESOURCES GENERALIST HUMAN RESOURCES TECHNICIAN HVAC MECHANIC INFORMATION TECHNOLOGY ANALYST I (FLEX) INFORMATION TECHNOLOGY ANALYST II INFORMATION TECHNOLOGY MANAGER INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) MANAGEMENT MANAGEMENT MANAGEMENT CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL MANAGEMENT CONFIDENTIAL GENERAL GENERAL CONFIDENTIAL CONFIDENTIAL MANAGEMENT CONFIDENTIAL CONFIDENTIAL GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8       Packet Page. 158 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30639 00308 30113 30080 30463 30311 30932 20170 30490 30593 10319 PENDING 30335 30366 30341 20388 10401 20385 30380 00361 20387 30391 30392 00133 30215 20484 30486 30487 30488 10530 10531 10532 10533 10516 30515 00502 10503 10190 10528 30425 30426 20555 PENDING 10868 PENDING PENDING LANDSCAPE & IRRIGATION INSPECTOR II LAW ENFORCEMENT TRAINEE LEAD ANIMAL CONTROL OFFICER LEAD BUILDING INSPECTOR LEAD CODE ENFORCEMENT OFFICER LEAD CUSTODIAN LEAD EQUIPMENT MECHANIC LEAD FORENSICS SPECIALIST LEAD MAINTENANCE WORKER LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER LEGAL ADMINISTRATIVE ASSISTANT (U) LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U) LIBRARIAN I (FLEX) 467 NA $5,052.96 $34.77 $6,141.36 $34.77 MONTHLY HOURLY GENERAL NA GENERAL GENERAL GENERAL 437 526 498 397 470 516 452 471 497 593 450 479 370 460 635 492 422 361 450 380 402 370 470 522 393 415 425 476 476 506 506 476 461 NA $4,350.27 $6,780.88 $5,897.52 $3,563.34 $5,128.33 $6,446.17 $4,688.31 $5,154.93 $5,734.50 $9,257.08 $4,641.76 $5,364.41 $3,114.46 $4,874.77 $11,414.83 $5,718.61 $4,036.60 $2,687.00 $4,637.79 $3,274.06 $3,653.12 $2,810.00 $5,128.33 $6,642.18 $3,493.51 $3,898.06 $4,097.56 $5,164.73 $5,164.73 $5,998.80 $5,998.80 $5,164.73 $4,903.33 $4,166.67 $8,676.49 $7,891.16 $8,090.47 $4,903.33 $5,527.33 $6,741.85 $6,368.17 $9,165.01 $3,563.34 $5,386.39 $5,287.93 $8,242.79 $7,168.80 $4,331.43 $6,234.46 $7,834.85 $5,699.13 $6,265.49 $6,970.44 $11,252.35 $5,642.60 $6,520.41 $3,786.12 $5,925.69 $13,873.71 $6,951.14 $4,906.66 $3,266.00 $5,637.77 $3,980.08 $4,441.15 $3,416.00 $6,234.46 $8,072.94 $4,246.08 $4,738.19 $4,980.92 $6,278.27 $6,278.27 $7,291.06 $7,291.06 $6,278.27 $5,960.70 $4,166.67 $10,546.10 $9,591.80 $9,834.43 $5,960.70 $6,718.81 $8,194.75 $7,740.59 $11,140.78 $4,331.43 $6,546.94 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL GENERAL MIDDLE MANAGEMENT GENERAL GENERAL CONFIDENTIAL MANAGEMENT GENERAL LIBRARIAN II LIBRARY ASSISTANT GENERAL GENERAL MIDDLE MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT GENERAL LIBRARY CIRCULATION SUPERVISOR LIBRARY DIRECTOR (U) LIBRARY NETWORK ADMINISTRATOR LIBRARY NETWORK TECHNICIAN LIBRARY PAGE (PT) LIBRARY PROGRAM COORDINATOR LIBRARY TECHNICIAN I (FLEX) LIBRARY TECHNICIAN II NA MIDDLE MANAGEMENT GENERAL GENERAL NA GENERAL LIFEGUARD (PT) LITERACY PROGRAM COORDINATOR MAINTENANCE SUPERVISOR MAINTENANCE WORKER I (FLEX) MAINTENANCE WORKER II MIDDLE MANAGEMENT GENERAL GENERAL GENERALMAINTENANCE WORKER III MANAGEMENT ANALYST I (FLEX) MANAGEMENT ANALYST I (FLEX)(U) MANAGEMENT ANALYST II MANAGEMENT ANALYST II (U) MARKETING & MEDIA SPECIALIST MARKETING & PUBLIC RELATIONS SPECIALIST MAYOR MAYOR'S CHIEF OF STAFF (U) NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) NETWORK SYSTEMS ADMINISTRATOR NPDES INSPECTOR I (FLEX) NPDES INSPECTOR II NPDES MANAGER OMBUDSPERSON OPERATIONS & MAINTENANCE DIVISION MANAGER (U) PARK RANGER MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT CONFIDENTIAL GENERAL NA 580 561 566 461 485 525 518 591 397 480 MANAGEMENT MANAGEMENT CONFIDENTIAL GENERAL GENERAL MIDDLE MANAGEMENT CONFIDENTIAL MANAGEMENT GENERAL PARK RANGER SUPERVISOR MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8       Packet Page. 159 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30581 20603 30611 30622 10064 10068 20400 30691 10713 30680 30682 30481 00192 00520 50283 20775 20772 32767 32768 30848 50402 40751 30218 20765 30219 30220 40332 30585 00331 00333 20019 10182 10243 20864 00360 10132 10639 20949 30947 30948 10212 30580 30583 30584 10900 10863 PARKING ENFORCEMENT OFFICER PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR PARKS MAINTENANCE WORKER I (FLEX) PARKS MAINTENANCE WORKER II PAYROLL SUPERVISOR PAYROLL TECHNICIAN PERMIT SERVICES SUPERVISOR PLANNING AIDE PLANNING DIVISION MANAGER (U) PLANS EXAMINER I (FLEX) PLANS EXAMINER II PLUMBER POLICE CADET (PT) POLICE CALL TAKER (PT) POLICE CAPTAIN POLICE DISPATCH MANAGER POLICE DISPATCH SUPERVISOR POLICE DISPATCHER I (FLEX) POLICE DISPATCHER II POLICE FLEET MAINTENANCE EXPEDITOR POLICE LIEUTENANT 380 534 390 421 521 430 494 456 594 499 534 450 NA $3,274.06 $7,050.81 $3,441.42 $4,016.65 $6,464.58 $4,106.44 $5,776.19 $4,782.52 $9,303.66 $5,927.45 $7,056.85 $4,641.76 $15.50 $3,980.08 $8,571.27 $4,182.91 $4,882.27 $7,857.58 $4,990.33 $7,020.91 $5,813.29 $11,308.68 $7,204.26 $8,578.62 $5,642.60 $17.00 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY HOURLY GENERAL MIDDLE MANAGEMENT GENERAL GENERAL MANAGEMENT CONFIDENTIAL MIDDLE MANAGEMENT GENERAL MANAGEMENT GENERAL GENERAL GENERAL NA 396 P5 $19.85 $24.14 HOURLY NA $19,412.09 $6,843.73 $5,892.47 $4,146.40 $4,839.53 $3,581.07 $16,494.29 $7,532.62 $4,903.33 $4,973.33 $3,098.94 $3,441.42 $9,898.35 $4,016.65 $3,624.00 $4,044.00 $7,636.62 $9,586.38 $8,676.49 $6,575.74 $3,264.00 $7,469.79 $7,469.79 $5,776.19 $3,821.59 $5,180.42 $9,257.08 $5,284.61 $5,927.45 $6,883.95 $6,119.03 $9,491.06 $19,412.09 $8,318.78 $7,162.66 $5,040.29 $5,882.58 $4,353.59 $16,494.29 $10,059.74 $5,960.70 $6,045.29 $3,767.28 $4,182.91 $12,962.73 $4,882.27 $4,405.00 $4,916.00 $9,283.33 $11,652.05 $10,546.10 $7,993.21 $3,967.00 $9,080.52 $9,080.52 $7,020.91 $4,645.09 $6,296.53 $11,252.35 $6,423.99 $7,204.26 $8,366.92 $7,438.38 $11,536.15 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY POLICE MANAGEMENT MIDDLE MANAGEMENT MIDDLE MANAGEMENT POLICE DISPATCHER POLICE DISPATCHER GENERAL POLICE MANAGEMENT POLICE SAFETY GENERAL 528 498 425 456 398 P4 POLICE OFFICER P1 POLICE PERSONNEL AND TRAINING TECHNICIAN POLICE RECORDS SUPERVISOR POLICE RECORDS TECHNICIAN I (FLEX) POLICE RECORDS TECHNICIAN II POLICE SERGEANT POOL MAINTENANCE COORDINATOR POOL MANAGER I (PT) POOL MANAGER II (PT) 461 464 369 390 P3 MIDDLE MANAGEMENT GENERAL GENERAL POLICE SAFETY GENERAL421 421 443 550 600 580 520 400 550 550 494 411 472 593 476 499 529 510 598 NA NA PRINCIPAL ACCOUNTANT PRINCIPAL CIVIL ENGINEER PRINCIPAL PLANNER MIDDLE MANAGEMENT MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT NA MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT GENERAL PROCUREMENT CONTRACT SPECIALIST PROGRAMMING/TRAFFIC ASSISTANT PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) PROJECT MANAGER/COMMUNITY SERVICES PROPERTY AND EVIDENCE SUPERVISOR PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) PROPERTY AND EVIDENCE TECHNICIAN II PUBLIC INFORMATION OFFICER (U) PUBLIC WORKS INSPECTOR I (FLEX) PUBLIC WORKS INSPECTOR II PUBLIC WORKS INSPECTOR III PUBLIC WORKS SAFETY AND TRAINING OFFICER PURCHASING DIVISION MANAGER (U) GENERAL MANAGEMENT GENERAL GENERAL GENERAL MANAGEMENT MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8       Packet Page. 160 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30770 10440 10259 00222 00244 00230 00256 30825 30115 10690 10538 00266 00265 30708 30229 30410 10154 30228 30230 30232 10222 10632 10656 10622 10385 00283 10513 10514 10529 30710 10223 20243 00294 10300 30978 20995 00019 10689 20336 10443 20437 20438 20370 30447 30448 30449 RANGEMASTER REAL PROPERTY MANAGER RECORDS MANAGEMENT SPECIALIST (U) RECREATION AIDE (PT) RECREATION LEADER (PT) RECREATION SPECIALIST (PT) RECREATION SUPERVISOR (AQUATICS) (PT) RECREATION THERAPIST REGISTERED VETERINARY TECHNICIAN RISK DIVISION MANAGER (U) SAFETY OFFICER SECURITY OFFICER I (PT) SECURITY OFFICER II (PT) SENIOR ADMINISTRATIVE ASSISTANT SENIOR ANIMAL SERVICES REPRESENTATIVE SENIOR ARBORIST 465 580 460 361 368 393 481 468 450 590 530 371 395 420 390 502 581 435 445 445 435 530 461 553 488 396 556 556 592 375 375 549 375 644 450 490 361 559 502 573 532 552 533 450 484 513 $5,001.98 $8,676.49 $4,768.28 $2,687.00 $2,782.00 $3,152.00 $4,888.00 $5,077.34 $4,641.76 $9,119.52 $6,761.38 $2,824.00 $3,183.00 $3,996.70 $3,441.42 $6,016.12 $8,719.81 $4,307.04 $4,527.60 $4,527.60 $4,209.34 $6,761.38 $4,792.11 $7,582.45 $5,483.19 $3,199.00 $7,697.27 $7,697.27 $9,211.59 $3,193.15 $3,120.72 $7,598.97 $2,881.00 $11,938.02 $4,641.76 $5,662.13 $2,687.00 $7,813.17 $6,010.96 $8,378.60 $6,981.04 $7,714.14 $7,016.48 $4,641.76 $5,499.62 $6,355.27 $6,080.40 $10,546.10 $5,796.24 $3,266.00 $3,382.00 $3,831.00 $5,942.00 $6,172.39 $5,642.60 $11,085.54 $8,218.29 $3,433.00 $3,869.00 $4,857.89 $4,182.91 $7,312.88 $10,598.09 $5,235.84 $5,502.95 $5,502.95 $5,117.07 $8,218.29 $5,825.49 $9,217.01 $6,664.97 $3,889.00 $9,355.66 $9,355.66 $11,196.02 $3,881.44 $3,793.39 $9,236.82 $3,502.00 $14,511.72 $5,642.60 $6,882.49 $3,266.00 $9,496.47 $7,306.62 $10,184.31 $8,486.00 $9,376.35 $8,528.08 $5,642.60 $6,684.45 $7,725.19 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL MANAGEMENT CONFIDENTIAL NA NA NA NA GENERAL GENERAL MANAGEMENT CONFIDENTIAL NA NA GENERAL GENERAL GENERAL MANAGEMENT GENERAL GENERAL SENIOR CIVIL ENGINEER SENIOR CUSTOMER SERVICE REPRESENTATIVE SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) SENIOR GIS ANALYST SENIOR HUMAN RESOURCES TECHNICIAN SENIOR INFORMATION TECHNOLOGY ANALYST SENIOR INFORMATION TECHNOLOGY TECHNICIAN SENIOR LIFEGUARD (PT) SENIOR MANAGEMENT ANALYST SENIOR MANAGEMENT ANALYST (U) SENIOR NETWORK SYSTEMS ADMINISTRATOR SENIOR OFFICE ASSISTANT SENIOR OFFICE ASSISTANT (U) SENIOR PLANNER SENIOR RECREATION LEADER (PT) SHELTER VETERINARIAN SOLID WASTE FIELD INSPECTOR STATION MANAGER STUDENT INTERN (PT) SUPERVISING HUMAN RESOURCES ANALYST TECHNOLOGY LIBRARIAN GENERAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL NA MANAGEMENT MANAGEMENT CONFIDENTIAL GENERAL CONFIDENTIAL MIDDLE MANAGEMENT NA MANAGEMENT GENERAL MIDDLE MANAGEMENT NA CONFIDENTIAL MIDDLE MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL TRAFFIC ENGINEER TRAFFIC ENGINEERING ASSOCIATE TRAFFIC OPERATIONS AND SYSTEMS ANALYST TRAFFIC SIGNAL AND LIGHTING SUPERVISOR TRAFFIC SIGNAL TECHNICIAN I (FLEX) TRAFFIC SIGNAL TECHNICIAN II TRAFFIC SIGNAL TECHNICIAN III GENERAL GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8       Packet Page. 161 ADOPTED 11/1/23 EFFECTIVE 11/2/23 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30667 10740 20666 PENDING 30620 TREASURY ASSISTANT TREASURY MANAGER TREASURY SUPERVISOR VETERINARY ASSISTANT VOLUNTEER COORDINATOR 399 598 502 400 358 $3,599.92 $9,491.06 $6,010.96 $3,617.65 $2,933.80 $4,374.65 $11,536.15 $7,306.62 $4,414.22 $3,565.56 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY GENERAL MANAGEMENT MIDDLE MANAGEMENT GENERAL GENERAL GENERAL30000WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY (U) DENOTES UNCLASSIFIED * Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 6/15/22 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 6/21/23 REVISION ADOPTED BY MCC 8/16/23 REVISION ADOPTED BY MCC 10/4/23 REVISION ADOPTED BY MCC 10/18/23 SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8       Packet Page. 162 CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Months Service Following 18 Months Service Third Year Service Fourth Year Service Fifth & Sub- sequent Yrs Service JOB TITLE Monthly Pay Rates Effective July 1, 2023: Police Officer P-1 $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 Detective/Corporal $8,746.90 P-2 $9,428.23 $10,109.56 $10,789.83 $11,471.16 $11,430.00 $12,196.91 $12,962.73Sergeant P-3 $9,898.35 $10,664.17 Lieutenant P-4 -- -- -- -- -- -- -- -- -- -- -- -- $16,494.29 $19,412.09 $23,765.30 Captain P-5 Assistant Chief P-6       Packet Page. 163 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation & Community Services Subject:Accept the Anonymous Donation of $40,000 for the Verdemont Community Center Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-171 to: 1.Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and 2.Authorize the Director of Finance and Management Services to amend the FY2023/24 General Fund Operating Budget in both revenue and expenditures by $40,000; and allocate the expenditures to the following, Senior Programming at the Verdemont Community Center ($10,000), Movies in the Parks at Verdemont ($10,000) and After School Homework Help ($20,000). Executive Summary The City received a donation from Anonymous donor, in the amount of $40,000 to be used to subsidize programming and event costs at Verdemont Community Center. Specifically senior programming, movies in the parks at Verdemont and the after- school homework help at the community center. Background The Verdemont Community Center continues to grow its participation rate while functioning out of a small trailer. The Verdemont Community Center was built in 2011       Packet Page. 164 and in 2016 the building was closed and demolished; a rental half the size was placed in the area. To continue programming, options were decreased; this reduction in program and activity options prompted community members to approach the Director of Parks, Recreation and Community Services (PRCS) with the anonymous donation to be specifically earmarked for Senior programs, afterschool homework help, and additional movies in the park events to be held at Al Guhin Park. Discussion In 2022, the department increased staffing levels and implemented new programming in and outside the Verdemont Community Center at Al Guhin Park. Community members have responded to programming efforts and staff are working to provide a more consistent and positive recreational experience. While efforts inquiring about a larger space for the community center are in the works, this donation of $40K will assist in growing the programs and events that this community is seeking. The donation has specifically been identified and three target areas to be enhanced: 1. $10,000 for senior programming. Funds will allow for additional opportunities for social interaction and stimulating activities that promote social and emotional wellness. 2. $10,000 for family movies in the park. Funds for movie licensing fees and supplies to host at least five more events at Al Guhin Park. 3. $20,000 for after-school homework help. Funds for educational supplies for staff to assist with daily homework assignments, projects, and relevant STEAM activities, and to offset the cost of subscriptions and licensing for online learning platforms. 2021-2025 Strategic Targets and Goals This request aligns with Strategic Target No. 2.b. Focused, Aligned Leadership and Unified Community – Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact $40,000 in revenues and expenditures will be appropriated into the General Fund FY2023/24 Operating Budget. There is no additional General Fund impact with this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-171 to: 1.Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and       Packet Page. 165 2.Authorize the Director of Finance and Management Services to amend the FY2023/24 General Fund Operating Budget in both revenue and expenditures by $40,000; and allocate the expenditures to the following, Senior Programming at the Verdemont Community Center ($10,000), Movies in the Parks at Verdemont ($10,000) and After School Homework Help ($20,000). Attachments Attachment 1 Resolution 2023-171 Accept Anonymous Donation_Verdemont CC Ward: Fifth Ward Synopsis of Previous Council Actions: N/A       Packet Page. 166 Resolution No. 2023-171 Resolution 2023-171 November 1, 2023 Page 1 of 3 3 5 9 4 RESOLUTION NO. 2023-171 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZE THE CITY MANAGER TO ACCEPT THE ANONYMOUS DONATION IN THE AMOUNT OF $40,000, AND AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND THE FY2023/24 GENERAL FUND OPERATING BUDGET IN BOTH REVENUE AND EXPENDITURES BY $40,000 AND ALLOCATE THE EXPENDITURES TO THE FOLLOWING: SENIOR PROGRAMMING AT THE VERDEMONT COMMUNITY CENTER ($10,000), MOVIS IN THE PARKS AT VERDEMONT ($10,000, AND AFTER SCHOOL HOMEWORK HELP ($20,000). WHEREAS, the Parks, Recreation and Community Services Department operate senior programming, afterschool homework help, and various special events to provide unique experiences and enrichment for residents; and WHEREAS, to continue to operate and host quality programs and events at the Verdemont Community Center, donations are needed accepted to supplement and expand programming ; and WHEREAS, an anonymous donor has donated a total of $40,000 for to enhance senior programming ($10,000) and afterschool homework help ($20,000), and movies in the park ($10,000) at the Verdemont Community Center and Al Guhin Park. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to accept the donation from an anonymous donor in the amount of $40,000. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to amend the FY 23-24 Budget revenue and expenditure accounts to approve donated funds to be used for senior programming ($10,000) and afterschool homework help ($20,000), and movies in the park ($10,000) at the Verdemont Community Center and Al Guhin Park. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that       Packet Page. 167 Resolution No. 2023-171 Resolution 2023-171 November 1, 2023 Page 2 of 3 3 5 9 4 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 168 Resolution No. 2023-171 Resolution 2023-171 November 1, 2023 Page 3 of 3 3 5 9 4 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. 2023-171, adopted at a regular 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 Page. 169 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Ernesto Salinas, Acting Director, Public Works Department:Public Works Subject:Amendment No. 1 to Agreement with Environmental Project Services, Inc. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and 2.Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000. Executive Summary A purchase order in the amount not to exceed $2,000,000 is being requested for concrete maintenance services with Environmental Project Services, Inc. These services are utilized for City wide sidewalk maintenance and repair. This reflects an increase of $1,000,000 from the current purchase order amount. Background The Department of Public Works, Operations and Maintenance Division, is responsible for all sidewalks, curbs, gutters, and cross gutters, as keeping them in good repair is essential to the safety of the public. On March 16, 2022, the Mayor and City Council was presented with a staff report recommending the issuance of an annual purchase order for $1,000,000 for concrete maintenance services with the low bidder, Environmental Project Services Inc. (EPS). At that meeting, the Mayor and City Council approved the recommendation, which authorized the execution of an agreement with Environmental Project Services,       Packet Page. 170 Inc. and the issuance of an annual purchase order in the amount of $1,000,000. On June 21, 2023, the Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects. From that amount, $1,000,000 has been set aside for additional sidewalk projects. Discussion The City's Public Works Department has contracted-out sidewalk and gutter concrete repair services for several years and has been limited to work within a $1,000,000 cap. However, in recent years, the City has had significant increases in its concrete maintenance needs, particularly in terms of sidewalk maintenance. Repairing City sidewalks and gutters are a quality-of-life issue for the City's residents and a liability issue for the City. The repairs that need to be made will vary; for example, they may involve a relatively simple replacement of a section or might consist of complex and/or larger concrete repairs. In other words, some repairs may involve lengthier stretches of sidewalk while others may involve complex repairs that involve matching curbs and gutters to existing forms. In an effort to improve the City infrastructure and prevent potential legal claims from injuries resulting from broken or missing sidewalks, Staff is requesting an additional increase of $1,000,000 for concrete services. This increase will provide an opportunity for the Department to maintain, upgrade, and repair sidewalks, curbs, and gutters, and significantly reduce the amount of open work order requests which currently total 405 requests. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.1d: Minimize risk and litigation exposure. Approval of this recommendation will significantly reduce the risk of potential liability, and significantly reduce the amount of open work order requests. Fiscal Impact Therre is no General Fund impact with this action. The Purchase order amount of $2,000,000. was included in the FY 2023/24 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and 2.Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000.       Packet Page. 171 Attachments Attachment 1 Amendment No. 1 to Maintenance Services Agreement Attachment 2 Maintenance Services Agreement - Environmental Project Services Ward: All Wards Synopsis of Previous Council Actions: June 21, 2023 Mayor and City Council adopted Resolution No. 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects. March 16, 2022 Mayor and City Council approved the recommendation, authorizing the execution of agreement with Environmental Project Services, Inc., and the issuance of an annual purchase order in the amount of $1,000,000.       Packet Page. 172 3 5 7 7 AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH ENVIRONMENTAL PROJECT SERVICES, INC. This Amendment No. 1 to the Agreement for concrete maintenance services is made and entered into as of November 1, 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Environmental Project Services, Inc. a California Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Vendor have entered into an agreement, dated March 16, 2022, for the purpose of providing concrete maintenance services (the “Master Agreement”). B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated November 1, 2023, for the purpose of amending the compensation of the Master Agreement. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. There is no change to the term of the Master Agreement. 3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed One Million Dollars ($1,000,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount not to exceed Two Million Dollars ($2,000,000). Work shall be performed at the rates set forth in the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.       Packet Page. 173 3 5 7 7 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 174 3 5 7 7 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH ENVIRONMENTAL PROJECT SERVICES, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely, Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney ENVIRONMENTAL PROJECT SERVICES, INC. Signature Name Title       Packet Page. 175       Packet Page. 176       Packet Page. 177       Packet Page. 178       Packet Page. 179       Packet Page. 180       Packet Page. 181       Packet Page. 182       Packet Page. 183       Packet Page. 184       Packet Page. 185       Packet Page. 186       Packet Page. 187       Packet Page. 188       Packet Page. 189       Packet Page. 190       Packet Page. 191       Packet Page. 192       Packet Page. 193 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Ernesto Salinas, Acting Director, Public Works Department:Public Works Subject:Amendment No. 1 to Agreement with Horizons Construction Company International (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Horizons Construction Company International for Asphalt Maintenance and Repair Services; and 2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000. Executive Summary A purchase order in the amount of $2,450,000 is requested for Asphalt Maintenance and Repair Services with Horizons Construction Company International. These services are utilized for City wide street maintenance and repair. This request reflects a $2,000,000 increase to the current purchase order. Background The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In collaboration with the Engineering Division of Public Works, the Division is also responsible for ensuring the City’s streets, street medians, islands, curbs and related infrastructure are properly maintained, inspected, repaired, and painted/marked as needed. General maintenance and minor repair of asphalt streets (such as pothole filling or small segment repairs) is largely performed through in-house staff. Larger repairs (to include full street rehabilitation and slurry seals) are managed       Packet Page. 194 by the Engineering Division. On February 1, 2023, the Mayor and City Council were presented with a staff report recommending the issuance of an annual purchase order for $450,000 for Asphalt Maintenance and Repair Services with the low bidder, Horizons Construction Company International. At that meeting, the Mayor and City Council adopted Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget, execute an agreement with Horizons Construction Company International and issue an annual purchase order in the amount of $450,000. On June 21, 2023, the Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects. Of that amount, $2,000,000 was earmarked for street segment repairs and related maintenance. Discussion The City of San Bernardino has nearly 1,300 lane miles (574 center lane miles) of streets requiring routine inspection, maintenance, and repair. Routine repairs performed by O&M division staff generally involve traditional pothole patching, hot patch segment repairs and minor street shoulder repairs. Larger repairs and full street rehabilitation are managed by the City Engineer using contractual forces and are typically part of the City’s Capital Improvement Program (CIP). Medium-sized repairs of asphalt street segments, however, have been identified as an area requiring additional resources and contractual support. Medium-sized repairs are typically defined as repairs which go beyond traditional pothole patching and may require hot patch asphalt segment repairs beyond 10 feet by 10 feet in size. These repairs may also include repairs to sections of asphalt streets that are deteriorated (alligatored) to the point that traditional pothole patching has no effect. Deterioration of street segments is often referred to as “alligatored” because of the unique appearance of the asphalt surface that resembles the pattern of an alligator’s skin (see Attachment 3). It is important to note that these repairs are not meant to provide a long-term solution, but, rather, provide a short-term solution while a street is awaiting a full rehabilitation. As a result of an increase in medium-sized repairs throughout the City, the O&M Division began looking into alternatives designed to properly address such repairs in a more efficient, quicker, albeit short-term manner. They found that such repairs are best performed by contractors who can provide a variety of asphalt repair services a la carte, rather than taking on larger projects (such as full street rehabilitations) which may take years to complete. Similar in concept to contractual sidewalk repairs (which are beyond the scope of in-house staff), staff determined this was a feasible alternative that will provide a quicker response to alligatored and/or deteriorated street segments while the street awaits a full replacement.       Packet Page. 195 To ensure our City conducts timely and first-rate repair of deteriorated street segments, staff is requesting a revised purchase order in the amount $2,450,000 be established under this maintenance services agreement. This reflects an increase of $2,000,000 from the original amount of $450,000. Staff anticipates this increase will expedite the repair of streets that have potholes and deterioration that go beyond traditional pothole patching repairs. 2021-2025 Strategic Targets and Goals This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The total General Fund impact is $2,450,000. $2,000,000 has been appropriated to the FY 2023/24 operating budget for street segment repairs. Additionally, a purchase order was established in FY 2023/24 in the amount of $450,000 that is being carried over into FY 2023/24. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Horizons Construction Company International. for Asphalt Maintenance and Repair Services; and 2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000. Attachments Attachment 1 Amendment No. 1 to Maintenance Services Agreement Attachment 2 Maintenance Services Agreement with Horizons Construction Company International Attachment 3 Fact Sheet on Types of Asphalt Surface Damage Ward: All Wards Synopsis of Previous Council Actions: February 1, 2023 Mayor and City Council adopted Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget and approve the recommendation, awarding a Maintenance       Packet Page. 196 Services Agreement to Horizons Construction Company International. June 21, 2023 Mayor and City Council adopted Resolution No 2023-080 authorizing the Agency Director of Administrative Services to allocate $3,000,000 of the General Fund balance designated as the “Capital Contingency Reserve” for street segment repairs and sidewalk projects.       Packet Page. 197 3 5 8 4 AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL This Amendment No. 1 to the Maintenance Services Agreement for asphalt maintenance and repair services is made and entered into as of November 1, 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Horizons Construction Company International, a California Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Vendor have entered into an agreement, dated February 1, 2023, for the purpose of providing asphalt maintenance and repair services (the “Master Agreement”). B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated November 1, 2023, for the purpose of amending the term and compensation of the Master Agreement. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended for an additional term of one year through June 30, 2025, unless earlier terminated. 3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Two Million Dollars ($2,000,000), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Two Million Four Hundred Fifty Thousand Dollars ($2,450,000). Work shall be performed at the rates set forth in the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.       Packet Page. 198 3 5 8 4 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 199 3 5 8 4 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH HORIZONS CONSTRUCTION COMPANY INTERNATIONAL IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely, Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. Signature Name Title       Packet Page. 200 - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of February, 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 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, a CALIFORNIA CORPORATION, with its principal place of business at 432 W Meats Avenue, Orange, CA 92865 (“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 Asphalt Maintenance and Repair 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 Asphalt Maintenance and Repair 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 Asphalt Maintenance and Repair 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 February 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 complete the Services. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 201 - 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 Kinan Kotrash, 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, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 202 - 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 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 203 - 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 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 204 - 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: DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 205 - 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; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (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, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 206 - 7 - including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior 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 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 207 - 8 - against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 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. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 208 - 9 - 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 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. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 209 - 10 - 3.2.15 Work Site. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require 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, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 210 - 11 - replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Fifty Thousand Dollars ($450,000). 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, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 211 - 12 - penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and 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. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 212 - 13 - 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Horizons Construction Company International, Inc. 432 W Meats Avenue Orange, CA 92865 Attn: Kinan Kotrash 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, DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 213 - 14 - award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 214 - 15 - 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 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 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 215 - 16 - 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. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 216 - 17 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number DIR Registration Number Charles E. McNeely, Interim City Manager DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB Vice President Kinan Kotrash       Packet Page. 217 EXHIBIT A EXHIBIT A SCOPE OF SERVICES PROPOSED SCOPE OF PROJECT/EQUIPMENT 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. Asphalt Maintenance and Repair General. The City of San Bernardino has approximately 534 center lane miles, approximately 45 parking lots at City parks and City owned facilities, and nearly 120 alleys with asphalt pavement. The City is responsible for repairing, maintaining, and replacing (as needed) asphalt pavement at all these locations through a combined effort between the Engineering and Operations and Maintenance (O&M) Divisions of Public Works. The O&M Division performs minor maintenance and temporary repairs of many asphalt streets and parking lots while the Engineering Division manages larger projects. This project addresses minor to medium-sized asphalt repairs on City streets, parking lots, alleys, and other related infrastructure and is administered through the O&M division. It seeks the services of an experienced, fully licensed contractor for Asphalt Maintenance Repair Services with experience in municipal settings. Materials. All asphalt materials shall meet the standard requirement of Section 400 of the Green Book standard specification for Public Works Construction, latest edition. Materials shall also be free of any residues caused by the artificial distillation of coal, coal tar, or paraffin. The material shall also be free of water and must be of the same kind/texture for the entire job. All types must be of PG6410 grade. Contractor must have the ability to supply the following: Asphalt Material •Type 3/4” •Type ½” •Type 3/8” •Type extra fine •Asphalt emulsion SS 1h Reporting and Notification. The vendor will be required to notify the Contract Administrator 24 hours prior to any scheduled work at a pre-approved work site. Before and after pictures of work are required and will be sent to the contract administrator after completion of each job or work task. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 218 EXHIBIT A Hours of Operation. All work will be performed Mondays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator. Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur. Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued. Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement. Licenses The Vendor shall confirm that it has all licenses (A, Class C-8, and Class C- 12), permits, certifications, qualification and approvals of whatever nature that are legally required to provide asphalt paving/repair services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract. Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required. Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the contract administrator may assist as needed for larger lane or road closures which may require an official traffic control plan. Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30-day notice or as determined by the Contract Administrator to correct the specified deficiencies. Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures: a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. b. Withhold the entire or partial payment. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 219 EXHIBIT A c. Terminate the contract. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 220 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES Technical. Vendor shall provide manpower, tools, equipment, and materials to perform minor to medium-sized asphalt repair or construction services. Vendor shall possess valid Class C12 Earthwork and Paving contractor license from the State of California at the time of this quote, and for the duration of this contract. Vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes. Generally, the Vendor will be notified at least two weeks before services are required unless services are of an emergency nature. The Contract Administrator will work with the vendor to determine appropriate time-frame for completion of the requested work task and will consider factors such as material shortages due to national supply chain delays. Services Required Asphalt Overlay (Machine Method). Vendor shall place a 1” thick overlay of PG70-10 ½” over an existing asphalt-leveling course or a PG70 10 3/4” patch. Lap edges tee cut twelve inches. The areas normally range in size from 10 to 100 square feet, but some requests may be larger. A tack coat is required. Please note: If an existing patch or temporary material is too high, the vendor will scrape down and/or saw cut and remove existing patch prior to overlay. Saw-cutting is absorbed with the cost provided for this task and is not billed separately. Slurry Seal Single Coat. Slurry seal single coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 20 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 of Caltrans Standard Specification, current edition. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage. Slurry Seal Double Coat. Slurry seal double coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 30 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oir and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 and 37-2 of Caltrans Standard Specification, current editions. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage. Asphalt Berm. Asphalt berm shall be placed per City standards unless otherwise exempted by the Contract Administrator. Some special berms may be requested for flood-prone areas and may require a height up to 10”. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 221 EXHIBIT B Rubberized Crack Sealing. Crack sealing work will include cleaning and sealing asphalt pavement cracks ¼” and greater in width. The crack filler shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer that confirms to current Caltrans standards. The gradation of the ground rubber shall be such that 100% will pass a No. 8 sieve. All cracks shall be blown free of loose materials with a high- pressure nozzle (at least 90 psi or greater). All excess materials shall such as sand shall be swept upon job completion. Striping and Marking. The City will provide striping and marking services for completed jobs that may require it. Should striping be requested of the vendor, a separate quote will be requested. Emergency Response. The vendor shall respond to emergencies within 2 hours of request by the Contract Administrator or his representative. DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 222 EXHIBIT C EXHIBIT C COMPENSATION ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: Horizons Construction Company International, Inc. ADDRESS: 432 W Meats Avenue, Orange, CA 92865 PHONE:(714) 626-0000 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: ASPHALT MAINTENANCE AND REPAIR The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Description Unit Estimated Qty. Unit Cost Total Cost Asphalt Skin Patching – 1” Machine Overlay •1 to 1,500 square feet SF 1,500 8.90 13,350 •1,501 to 2,500 square feet SF 2,500 5.38 13,450 •2,501 to 4,000 square feet SF 4,000 4.23 16,920 •4,001 to 10,000 square feet SF 10,000 4.16 41,600 Slurry Seal Single Coat •1 to 100 square feet SF 400 0.98 392 •101 to 500 square feet SF 1,500 0.75 1,125 •501 to 1,000 square feet SF 4,000 0.58 2,320 •1,001 to 5,000 square feet SF 10,000 0.50 5,000 Slurry Seal Double Coat •1 to 100 square feet SF 400 1.69 676 •101 to 500 square feet SF 1,000 1.40 1,400 •501 to 1,000 square feet SF 1,000 1.35 1,350 •1,001 to 5,000 square feet SF 5,000 1.30 6,500 DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 223 EXHIBIT C Remove Temporary Asphalt and Replace with 3” Permanent Asphalt •1 to 100 square feet SF 400 6.86 2,744 •101 to 500 square feet SF 1,000 6.61 6,610 •501 to 1,000 square feet SF 3,000 6.50 19,500 •1,001 to 5,000 square feet SF 5,000 6.44 32,200 10” Asphalt Berm (lineal feet) LF 120 52.00 6,240 Rubberized Crack Filling LF 1,500 1.50 2,250 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): DocuSign Envelope ID: 3C38F6D6-F6DD-45AD-9EFB-EC1A4272AACB       Packet Page. 224 1 9 6 2 Attachment 3 Fact Sheet on the Types of Asphalt Surface Damage and Suggested Repairs Because of its durability, asphalt remains the most common type of road surfacing material used for streets, roads, and parking lots in the United States. Unfortunately, asphalt is not foolproof and will sustain damage over time. This damage is most represented in the form of potholes. Potholes, however, are not the only type of surface damage on asphalt streets and the suggested repairs will vary depending on the desired outcome and desired timespan. The below table describes the type of asphalt surface damage and suggested methods of repair (whether temporary or longer term). Type Description and Suggested Method of Repair Asphalt Cracks Most common type of pavement damage. Vary in size but most are thin and may run deep into the surface of the asphalt pavement. These are typically resolved with a process called crack-sealing. If left unrepaired, it may lead to large potholes or full street deterioration which would require street resurfacing. Potholes The most commonly-reported asphalt damage by residents and motorists, potholes occur when cracks grow large enough to allow water to seep into the asphalt and break it apart. This results in large or small holes in the surface (sometimes, deep into the sublayers of the street). Potholes are generally repaired with asphalt mix (hot or cold) depending on size and depth. Pothole repairs are always temporary and will usually return if the pavement is not resurfaced. Rains will generally cause potholes to reappear (especially once the weather warms up). Alligatoring Alligatoring is typically the result of the expansion or contraction of asphalt due to weather/temperature changes. As its names implies, the surface of the street will resemble the scales of an alligator. If left untreated, it can result in large segments of asphalt deterioration. Resurfacing or hot mix-segment repairs are effective options although completely rehabilitating the street section is best. Ruts Ruts are best described as deep depressions (dips or mounds) in the middle of the pavement or near the edges. They are typically caused by heavy loads and/or excessive traffic volume. Most ruts are found near industrial areas where large trucks are common or at bus stop intersections. Ruts may be repaired with grinding and resurfacing treatments but are best resolved with a full rehabilitation of the street segment. Raveling Raveling occurs when asphalt particles flake off the surface of the asphalt pavement. Once the top layer wears off and the underlying aggregate is exposed, decreased traction will become common and further deterioration of the surface will occur. Raveling may be repaired with a resurfacing treatment but it is important that it be caught early on. Hot mix segment repairs may be a good option.       Packet Page. 225 1 9 6 2 Images of Type of Asphalt Damages Asphalt Cracks Alligatoring Traditional Pothole       Packet Page. 226 1 9 6 2 Ruts Raveling       Packet Page. 227 DISCUSSION City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Suzie H. Soren, Director of Human Resources Department:Human Resources Subject:Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-172 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy. Executive Summary On April 19, 2023, the Mayor & City Council unanimously voted to have the administrative policy establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials brought forward for consideration. The policy will outline the process for requesting, onboarding, and offboarding volunteers (including interns) in the Offices of the Mayor and City Council. Establishing the policy has no financial impact to the City. Background The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear       Packet Page. 228 set of guidelines that align with the laws and regulations that govern the City. On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. On July 21, 2021, the Mayor and City Council did not take action on the MVP policy pertaining to the Offices of Elected Officials. On April 19, 2023, the Mayor and City Council unanimously voted to have the policy brought forward for consideration again. Discussion The Municipal Volunteer Program is the perfect opportunity for the community to get involved in civic activities. Volunteers are an important part of any organization and a valuable asset to the City. Volunteers help to increase responsiveness, delivery of services and information input, and provide new program opportunities. A volunteer is an individual, including an unpaid intern, who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. Accordingly, a policy establishing a uniform method for the management of City volunteers to ensure consistency is recommended. This policy will only apply to volunteers in the Offices of the Mayor and City Council and does not apply to volunteers working on a one-day assignment for a community clean-up, park improvement project, or similar activity that does not extend beyond a single day of service. Recruitment, Selection, and On-Boarding To begin the recruitment process or to request a volunteer position, a Volunteer Requisition Form (VRF) will need to be submitted to the Human Resources Department for processing. The VRF will be submitted and will list the duties and responsibilities assigned to the volunteer, the duration of assignment, and the supervising City employee responsible for the oversight of the volunteer. A background investigation will be conducted on each volunteer before on-boarding with the City. A volunteer may not begin their assignment without completing the required paperwork including a volunteer release and waiver of liability form and a confidentiality and non-disclosure agreement to protect the City’s interests. Once the volunteer is clear for on-boarding with the City, staff shall submit to the Human Resources Department the Volunteer Access List (VAL) form identifying the information technology and phone access levels requested for the volunteer. Tools and equipment including the office space required for the volunteer will need to be included in the department’s existing authorized budget. Supervision of Volunteers Each volunteer who is accepted to a position with the City must have a clearly identified supervisor who is a City employee and will be responsible for direct management and oversight of that volunteer. The supervisor is responsible for scheduling the volunteer’s       Packet Page. 229 hours while keeping the safety of the volunteer a top priority. It is important to consider the nature of the work volunteers are performing and how much attention each requires when determining the number of volunteers assigned to each supervisor. The nature of the work being performed and how much attention it requires in conjunction with supervisors’ existing deliverables and priorities should govern the number of volunteers assigned. Special Considerations To ensure that the City is able to provide the necessary oversight and support for volunteers working with the offices of the Mayor and City Council, this policy establishes limits for the number of assigned volunteers supporting each of our elected officials. Under the MVP – Offices of Elected Officials policy, each Council member and the Mayor will be limited to one (1) volunteer at any given time. Additionally, to avoid any conflicts with the Political Reform Act and the use of City facilities and resources for political purposes, a City volunteer working in an elected official’s office cannot simultaneously work (or volunteer) on the elected official’s campaign. End of Assignment At the end of the assignment the Offices of the Mayor and City Council will notify the Human Resources Department and submit a VAL form to turn off all access levels to the City’s systems and process any other necessary paperwork such as the Department of Justice forms to end the subsequent notifications of any activity associated with the volunteer 2021-2025 Strategic Targets and Goals Approval of this administrative policy aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing clear and concise procedures for staff and elected officials to follow that promote a professional environment and contribute toward a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact associated with the development of an administrative policy beyond dedicated staff time, City equipment and/or work space. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023-XXX as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy. Attachments Attachment 1 - Resolution 2023-172 Attachment 2 - Exhibit A – Municipal Volunteer Policy (MVP) – Offices of Elected Officials       Packet Page. 230 Ward: All Wards Synopsis of Previous Council Actions: February 3, 2021 The Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. July 21, 2021 The Mayor and City Council did not approve the policy pertaining to the Offices of Elected Officials. April 19, 2023 The Mayor and City Council unanimously voted to have the policy brought forward for consideration once again.       Packet Page. 231 Resolution No. 2023-172 Resolution 2023-172 November 1, 2023 Page 1 of 3 3 5 9 5 RESOLUTION NO. 2023-172 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE MUNCIPAL VOLUNTEER PROGRAM (MVP) – OFFICES OF ELECTED OFFICIALS POLICY WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; and WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Municipal Volunteer Program (MVP) – Offices of Elected Officials, attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.       Packet Page. 232 Resolution No. 2023-172 Resolution 2023-172 November 1, 2023 Page 2 of 3 3 5 9 5 SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 233 Resolution No. 2023-172 Resolution 2023-172 November 1, 2023 Page 3 of 3 3 5 9 5 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. 2023-172, adopted at a regular meeting held on the 1st day of November 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 Page. 234 EXHIBIT A City of San Bernardino - Administrative Policy Manual City of San Bernardino Administrative Policy Manual Subject: Municipal Volunteer Program (MVP) - Offices of Elected Officials Purpose: To establish a policy and procedure for the use of volunteers. Authority: Resolution No. ______________ Scope: Unless otherwise stipulated herein, this policy applies to all volunteers working in the offices of elected officials within the Office of the Mayor and the City Council Office. Qualified volunteers are used for specified tasks and duties to create efficiencies and improve services to the community. Volunteers are an important part of any organization and are a valuable asset to the City. Volunteers help to increase responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the City and prompt new enthusiasm. A volunteer is an individual, including an unpaid intern, who performs a service for the City without promise, expectation, or receipt of compensation for services rendered. Exemption from Scope None Policy: Recruitment & Equal Opportunity Volunteers may be recruited on a continuous and ongoing basis. To begin the recruitment process a Volunteer Requisition Form (VRF) shall be submitted to the Human Resources Department for processing. The VRF form will be signed by a department head or designee and shall include the duties and responsibilities assigned to the volunteer, the anticipated duration of the assignment, and the supervising City employee responsible for oversight of the volunteer.       Packet Page. 235 Procedure for the Municipal Volunteer Program (MVP) City of San Bernardino - Administrative Policy Manual Community members are encouraged get involved in civic activities through volunteer opportunities with the City. A primary qualification for participation in the process should be an interest in, and an ability to assist the City in serving the public. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The City affords equal opportunity to all qualified volunteers, and prohibits discrimination on the basis of race, religious creed, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status or other basis protected by law. Background Investigation A background investigation will be conducted on each volunteer before onboarding with the City. The investigation may include references and background information, including criminal records of individual candidate’s consistent with applicable state and federal laws and regulations. The volunteer will not be privy to any information revealed during the course of the background investigation or receive feedback about the investigation. Any false statement, either written or verbal, will cause the volunteer’s name to be removed from consideration for the volunteer program and will be cause for immediate dismissal if an appointment has been made. Selection and Placement Service as a volunteer with the City will begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the City. No volunteer will begin any assignment until they have been officially accepted for a position and completed all required screening and paperwork, including but not limited to a volunteer release and waiver of liability. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the City. The department head or designee shall submit to the Human Resources Department, the Volunteer Access List (VAL) form inclusive of the department head’s signature identifying the information technology and phone access levels requested for the volunteer. Tools and equipment including the office space required for the volunteer will need to be included in the department’s existing authorized budget. Confidentiality and Non-Disclosure All volunteers are required to abide by the same standards of confidentiality and non- disclosure required by employees of the City. With appropriate clearance, volunteers       Packet Page. 236 Procedure for the Municipal Volunteer Program (MVP) City of San Bernardino - Administrative Policy Manual may have access to confidential, sensitive, or privileged information or materials. Unless otherwise directed by a supervising City employee, all such information shall be considered confidential. Only that information specifically identified and approved by authorized personnel will be released. The use of any confidential, sensitive, or privileged materials, and removing materials or reproductions is strictly prohibited, except as required in the rightful discharge of the duties performed by the volunteer. Each volunteer will be required to sign a nondisclosure agreement before being given an assignment. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate removal. Additionally, the City may seek other criminal or civil sanctions or damages allowed by law. Supervision of Volunteers Each volunteer who is accepted to a position with the City must have a clearly identified supervisor, a City employee, responsible for direct management and oversight of that volunteer. The supervisor is responsible for scheduling the volunteer’s hours while keeping the safety of the volunteer a top priority, will be responsible for day-to-day management and guidance of the work of the volunteer, and should be available to the volunteer for consultation and assistance. A volunteer may be assigned and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a City employee at all times. Following are some considerations to keep in mind while supervising volunteers: (a) Take the time to introduce volunteers to employees on all levels. (b) Ensure volunteers have work space and necessary office supplies. (c) Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. It is important to consider the nature of the work volunteers are performing and how much attention each requires when determining the number of volunteers assigned to each supervisor. For example, assignments with high degrees of collaboration and interaction might productively tolerate no more than one or two volunteers. The nature of the work being performed and how much attention it requires in conjunction with supervisors existing deliverables and priorities should govern the number of volunteers assigned.       Packet Page. 237 Procedure for the Municipal Volunteer Program (MVP) City of San Bernardino - Administrative Policy Manual Mayor and City Council Special Considerations In order to ensure that the City is able to provide the necessary oversight and support for volunteers working with the offices of the Mayor and City Council this policy establishes limits for the number of assigned volunteers supporting each of our elected officials. Under this policy, each Councilmember and the Mayor will be able to have one (1) volunteer at any given time. Additionally, in order to avoid any conflicts with the Political Reform Act and the use of City facilities and resources for political purposes, a City volunteer working in an elected official’s office cannot simultaneously work (or volunteer) on the elected official’s campaign. Property and Equipment Volunteers will be issued an identification card that must be worn at all times while onsite or performing the duties of their assignment with the City. Volunteers shall not maintain they represent the City in any matters outside the scope of their assignment, and will be identified as City volunteer in all communications. If a working title is used, the title will include the volunteer designation for enhanced transparency. For example, if the volunteer is an office worker then title used by the volunteer would be “VOLUNTEER Office Worker.” All property and equipment will need to remain onsite or under the supervision of the City employee. Volunteers shall not be allowed to drive City vehicles or drive their personal vehicle for City business. Fitness for Duty No volunteer shall report to their assignment when their judgment or physical condition has been impaired by alcohol, medication, and other substances. Dress Code Volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. End of Assignment Any fixed and portable equipment issued by the City is for official and authorized use only. Any property or equipment issued to a volunteer will remain the property of the City and shall be returned at the end of the assignment to the volunteer supervisor.       Packet Page. 238 Procedure for the Municipal Volunteer Program (MVP) City of San Bernardino - Administrative Policy Manual Procedure: Responsibility Action Requesting Department 1. Prepare a Volunteer Requisition Form Human Resources Department 2. Contact requesting department to review volunteer criteria and when appropriate forward qualified candidates for department review Human Resources Department 3. Complete Background Investigation Human Resources Department 4. Onboarding paperwork Requesting Department 5. Complete the Volunteer Access List form Requesting Department 6. On completion of volunteer’s assignment provide notification to the Human Resources Department + submit the Volunteer Access form ATTACHMENTS 1. Volunteer Requisition Form (VRF) 2. Volunteer Access List (VAL) 3. Confidentiality and Non-Disclosure Agreement 4. Volunteer Release and Waiver of Liability       Packet Page. 239 Volunteer Requisition Form CITY OF SAN BERNARDINO PURPOSE: To request a recruitment to appoint a volunteer or to process associated paperwork to appoint a volunteer. INSTRUCTIONS: Forward the completed form (electronic or hard copy) to the Human Resources Department by Wednesday in order for the recruitment to be considered to open on Monday. For assistance call 909-384-5104. Department Name: Assigned Division: Primary Contact: Ext: Alternate Contact: Ext: Request date to open recruitment: Number of volunteers to be appointed: Duration of Assignment: ANTICIPATED TIMEFRAME Volunteer’s Supervisor: PRINT NAME (City Employee) Department Head Signature: Department Head: Date: PRINT NAME Established: 03/17/2021 Justification/Reason for Request: Volunteer’s Assigned Duties & Responsibilities: Desired Knowledge, Skills, & Abilities that will meet the needs of the Department:       Packet Page. 240 Page 1 of 1 Est: 03/17/21 Volunteer Access List (VAL) Action: Appointment Effective Date: Name, Title & Department /Division Assignment Name: Include legal name and, if applicable, preferred/nickname in parentheses New Name if Changed: Department: Division: Limited Term: ☐Yes ☐ No If “Yes” Anticipated End Date: Existing Desk/Landline Phone #: Existing Desk/Landline Phone Extension #: Work Scheduled & Location Employee’s Work Location: Work Days & Hours: Information Technology & Phone Access Requests REQUEST ACCESS ☐ Windows Account (includes Internet Access) ☐ Activate ☐ Modify ☐ Remove ☐ E-Mail Box ☐ Activate ☐ Modify ☐ Remove ☐ U-Drive/ S-Drive/ T-Drive ☐ Activate ☐ Modify ☐ Remove ☐ New Desk/Landline Phone ☐Main#: Ext#: ☐ Activate ☐ Modify ☐ Remove ☐ CRM System - Assign Open Requests to: ☐ Activate ☐ Modify ☐ Remove ☐ Intranet Phonebook Entry ☐ Activate ☐ Modify ☐ Remove ☐ Other: ☐ Activate ☐ Modify ☐ Remove ☐ Other: ☐ Activate ☐ Modify ☐ Remove ☐ Other: ☐ Activate ☐ Modify ☐ Remove Badge ☒ City Badge Card: Card ☐ Activate ☐ Modify ☐ Remove ☐ Replace** Card Access Hours: ☐ PD Access Badge Card: ☐ Activate ☐ Modify ☐ Remove ☐ Replace Department Point of Contact: Department Head Signature: Date: *Please note that supervisors are responsible at the time of separation to ensure all City property items are collected (badge, parking permits, etc). **A $10 replacement fee will be charged to volunteers for lost, stolen or damaged badges. Notes: Please identify permission level for requests. SEPARATIONS: Please list the last date physically worked. Temporarily Disable All Access Delete All Access       Packet Page. 241 CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT I, _________________________, as a volunteer of the City of San Bernardino (“City”), will abide by the same standards of confidentiality and non-disclosure required by employees of the City. I understand that I may come into contact with confidential, sensitive, or privileged materials. I agree to maintain the confidentiality of such information and will not divulge such materials to anyone for any purpose without the express consent or direction of my supervisor or other City personnel. I agree that I will not use any confidential, sensitive, or privileged materials for myself or others, and that I will not take any materials or reproductions thereof containing confidential, sensitive, or privileged materials from City facilities at any time during or after my volunteer service, except as required in the rightful discharge of my duties for the City. I understand and agree that my failure to comply with the confidentiality requirements set forth in this Agreement is grounds for discipline up to and including termination of the volunteer relationship. Additionally, the City may seek other criminal or civil sanctions or damages allowed by law. I understand that confidential information covered by this Agreement includes: a) Any attorney-client privileged materials, attorney work product, or closed session materials. b) City employee personal identification information, employee work schedules, employee numbers, code combinations to doors, gates, secure areas, etc., and any other private personal, protected or sensitive information that is only disclosed to volunteers by virtue of their service to the City. c) All data and information related to the City computer systems, computer printouts, internal memorandums, briefing notes, e-mails, passwords and any other material, whether written or oral, that relates to the function of the City. d) All personal data and information learned, discovered, overheard, etc., in the course of volunteer’s service related to a private, protected or sensitive nature. The restrictions of this Agreement regarding use and disclosure of information shall continue to apply after termination of the volunteer relationship. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO COMPLY WITH IT IN EVERY RESPECT. VOLUNTEER DATE       Packet Page. 242 City of San Bernardino VOLUNTEER RELEASE & WAIVER OF LIABILITY Required by the City of San Bernardino for all volunteers. Please read carefully! This is a legal document that affects your legal rights. I want to participate in volunteer activities for the City of San Bernardino, henceforth referred to as City. As a City volunteer, I freely, voluntarily, and without duress execute this Release and Waiver under the following terms: 1. Assumption of Risk. I understand that my work for the City may include activities that are hazardous and/or physically strenuous and that I may be exposed to personal injury or damage to my property as a result of my activities, the activities of other persons, or the conditions under which my services are performed while participating in City volunteer activities. Though the City will provide me with support, supervision, training, and supplies to accomplish assigned tasks, I agree to th e following:  □ I will follow all instructions provided by the City, its employees, or volunteer coordinators.  □ I will only use equipment that I know how to operate and use safely.  □ I will not undertake any activity for which I do not feel sufficiently prepared or able and until I have received instructions.  □ I will take all reasonable precautions to avoid injury to myself and to others and damage to property.  □ Finally, I agree to assume the risk of injury or harm and release the City, its officers, directors, employees, and other City volunteers from all liability for injury, illness, death, or property damage arising from my work as a volunteer. 2. Waiver and Release. I hereby release and forever discharge and agree to indemnify, protect, defend and hold the City, its elected officials, boards, commissions, officers, agents and employees free and harmless from any and all claims, liabilities , losses, liens, damages, costs and expenses resulting from injury or death of any person or persons’ property damage or that may arise out of my work as a volunteer. I understand that this release discharges the above entities from any liability that may result from my work whether or not caused by the negligence of the City. 3. Medical Treatment. I release and discharge the City from any claim that arises or may arise due to any first aid, medical treatment, or service rendered to me. 4. Insurance. The City does not have responsibility for providing any health, medical or disability insurance coverage for me. IT IS MY RESPONSIBILITY AS A VOLUNTEER TO ENSURE I HAVE MEDICAL/HEALTH INSURANCE. □ I understand that if I drive my personal vehicle for City business while volunteering, I must have a valid driver’s license and proof of auto insurance. 5. Photographic Release. I grant to the City the right to use photographic images and video or audio recordings of me that are made by the City or others during my volunteer work for the City. 6. Duration of Release. My agreement to the terms in this Release & Waiver applies as long as I volunteer for the City. 7. Other. I agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the laws of California and that this Release and Waiver is governed by and will be interpreted according to the laws of California. I understand that should any part of this Release and Waiver be ruled invalid by a court, the other parts will remain valid and continue to be in effect. I certify that I am at least eighteen (18) years of age or have had this document signed by my parent or guardian. PRINT Adult’s Name If consenting for a minor, print name(s) on lines above and below Street Address City, State, Zip Telephone E-mail Address __ Signature Date Emergency Contact Telephone       Packet Page. 243 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:November 1, 2023 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Consider the installation of a stop light on the corner of 35th Street and E street to enhance school safety (Wards 5, 7) - Council Member Reynoso       Packet Page. 244