HomeMy WebLinkAboutMCC 11-15-2023 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, NOVEMBER 15, 2023
7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
COUNCIL MEMBER IBARRA WILL BE PARTICIPATING REMOTELY FROM
HOLIDAY INN EXPRESS AND SUITES ATLANTA DOWNTOWN, AN IHG HOTEL
111 CONE STREET NW
ATLANTA, GEORGIA 30303
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 accommodation, to include interpreters.
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
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CITY MANAGER UPDATE
PRESENTATIONS
1.City of San Bernardino Youth Civic Engagement Council Members pg. 9
2.Proclamation for Family Caregivers Month in the City of San Bernardino – November
2023 (All Wards) pg. 10
CONSENT CALENDAR
3.Amendment to the 2023 Mayor and City Council Regular Meeting Schedule (All
Wards) pg. 12
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
cancel the December 20, 2023, Mayor and City Council Meeting.
4.Adopt a Resolution Approving a Memorandum of Understanding (MOU) between
San Bernardino County, City of San Bernardino, and Vulcan Materials Company –
Western Division (All Wards) pg. 16
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2023173, approving the Memorandum of Understanding (MOU),
between San Bernardino County (“County”), the City of San Bernardino (“City”), and Vulcan
Materials Company – Western Division (“Vulcan”) to agree and concur that the County shall
act as the Surface Mining and Reclamation Act (SMARA) of 1975 and California
Environmental Quality Act (CEQA) Lead Agency.
Mayor and City Council of the City of San Bernardino Page 3
5.Irrevocable Agreement to Annex No. 2023375 (Ward 5) pg. 27Recommendation:It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023174 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission (LAFCO) to provide City sewer services to a property located at 1199 W 41st Street, San Bernardino, California, within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
6.Approval of Commercial and Payroll Disbursements (All Wards) pg. 42
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
approve the commercial and payroll disbursements for October 2023.
7.Investment Portfolio Report for July, August, and Sept 2023 (All Wards) pg. 131
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
accept and file the Monthly Investment Portfolio Report for July, August, and Sept 2023.
8.Professional Service Agreement with CentralSquare Technologies, LLC. (All Wards).
Recommendation: pg. 163
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Authorize the City Manager or designee, to execute a fiveyear Professional
Service Agreement with Central Square Technologies; and
2.Authorize the Director of Finance and Management Services to issue a purchase
order to Central Square Technologies, in the amount of $51,504.93 for the first
year commencing on the effective date November 15, 2023; with a not to exceed
amount of $131,823.01 for the duration of the fiveyear agreement term.
9.Receive and File – Formation of partnership with Casa Ramona and Home of
Neighborly Services City programming. pg. 216
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
receive and file the staff report.
10.Contract Change Order Approval Encanto Community Center Improvement Project
(Ward 6) pg. 218
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Approve Amendment No. 1 to the Professional Services Agreement with Miller
Architectural Corporation in the amount of $77,795, for a total contract amount of
$256,180 from Encanto Community Center Improvement Project.
Mayor and City Council of the City of San Bernardino Page 4
11.The San Bernardino County Transportation Authority 2023 TDA Article 3 Grant Funds
for Bus Stop Sidewalk Improvements (All Wards) pg. 249
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Adopt Resolution No. 2023175 authorizing submittal of a claim to the San
Bernardino County Transportation Authority for Transportation Development
Act (TDA) Article 3 Grant funds for the Bus Stop Sidewalk Improvements
Project in the amount of $96,000. A local match of $24,000 is required, for a
total of $120,000; and
2.Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2024/28 Capital Improvement Plan (CIP) to include the Bus Stop
Sidewalk Improvements Project and allocate $120,000 from the Measure S
fund; and
3.Authorize the City Manager, or their designee, to execute all documents
pertaining to the acceptance of the 2023 TDA Article 3 Grant funds.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
12.Consider establishment of a north end police substation (Ward 5) – Council Member
Reynoso pg. 256
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 December 06,
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 5
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 15, 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 Thursday, November 9, 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 6
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 7
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 8
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 is temporarily
suspended.)
Public Hearings:
If you are commenting on a Public Hearing you have an opportunity to speak until the Public
Hearing has been closed.
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:November 15, 2023
To:Honorable Mayor and City Council Members
From:Charles A. Montaya , City Manager
Department:City Manager's Office
Subject:Youth Civic Engagement Council Members
Packet Page. 9
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:November 15, 2023
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation for Family Caregivers Month in the City
of San Bernardino – November 2023 (All Wards)
Packet Page. 10
PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
PROCLAIMING NOVEMBER 2023, AS
FAMILY CAREGIVERS MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, 4,834 In-Home Supportive Services (IHSS) workers who reside in the City of San
Bernardino deliver quality care to close to 5,000 of our most vulnerable residents, including seniors
and adults and children with disabilities, and;
WHEREAS, IHSS providers allow the county’s low-income seniors and people with disabilities
to receive quality care in the comfort of their own home by people they trust instead of being sent to
an institution giving consumers an opportunity to stay in the communities they know and love;
WHEREAS, the selfless work of home care workers often goes unnoticed and the financial
struggles caregivers and their families experience due to increased rents, cost of living and inflation
further increase the dire need for livable wages in San Bernardino County.
WHEREAS, the frontline essential work that IHSS workers provided, and continue to provide,
during the COVID pandemic while earning close to minimum wage with many not having access to
affordable healthcare;
WHEREAS, approximately 58% of homecare workers need other forms of tax funded public
assistance in order to survive;
WHEREAS, homecare workers spend about 50% of their monthly income on rent/housing;
WHEREAS, the number of family and non-family members requiring in-home care will
increase in San Bernardino County as our population of those 60 years and older doubles to over
550,000 by 2030, and;
WHEREAS, in order to meet the future demands of caregiving and improve the recruitment
and retention of caregivers and ensure the continuity of care to seniors and those living with
disabilities, we must ensure that home care jobs are good jobs that deliver dignity standards which
include livable wages, access to affordable health care, retirement security, and advanced training,
and a pathway to wages of $20 an hour.
WHEREAS, providing home care workers with a livable wage will generate demands for goods
and services in the local economy, stimulate increased employment opportunities, and create
additional income which will in turn lead to additional spending in San Bernardino County;
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San
Bernardino, do hereby designate November 2023, as Family Caregivers Month. The City of San
Bernardino stands united with home care workers and the seniors and people with disabilities who
rely on this vital care, acknowledging the essential work and contributions they bring to San
Bernardino.
Packet Page. 11
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
Department:City Manager's Office
Subject:Amendment to the 2023 Mayor and City Council
Regular Meeting Schedule (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, cancel the December 20, 2023, Mayor and City Council Meeting.
Executive Summary
Staff are proposing cancelling the December 20, 2023, Mayor and City Council
Meeting due to the meeting’s proximity to the City-recognized holiday on December
25, 2023, and to remain consistent with past practices.
Background
Section 2.58.010 of the SBMC stipulates that the Mayor and City Council meetings are
to be held on the first and third Wednesdays of each month. Section 2.58.080 of the
SBMC further states that in the event the date of a regular meeting falls on a City
holiday, regular meetings will be held on the next business day following the holiday,
except as determined by the City Council.
Discussion
On October 19, 2022, the Mayor and City Council adopted the 2023 Mayor and City
Council Meeting Schedule, which included the following cancellations:
•January 4, 2023
•July 5, 2023
•September 20, 2023
Staff inadvertently omitted proposing cancellation of the December 20, 2023, Mayor
and City Council Meeting. Staff are recommending cancellation of the December 20,
Packet Page. 12
2023, Mayor and City Council Meeting at this time due to the meeting’s proximity to the
City holiday on December 25, 2023, and to remain consistent with past practices of
cancelling the second meeting in December.
2021-2025 Strategic Targets and Goals
Cancellation of the December 20, 2023, Mayor and City Council Meeting aligns with
Key Target No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
There is no fiscal impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, cancel the December 20, 2023, Mayor and City Council Meeting.
Attachments
Attachment 1 – 2023 Regular Mayor and City Council Meeting Schedule
Attachment 2 – 2023 City-Recognized Holidays
Ward:
All Wards
Synopsis of Previous Council Actions:
October 19, 2022 - The Mayor and City Council adopted the 2023 Mayor and City
Council Meeting Schedule.
December 15, 2021 - The Mayor and City Council adopted the 2022 Mayor and City
Council Meeting Schedule.
Packet Page. 13
2023 Regular City Council Meeting Schedule
Month
1st Wednesday
Meeting Date
2nd Wednesday
Meeting Date
January
January 4, 2023:
Canceled
January 18, 2023
February
February 1, 2023
February 15, 2023
March
March 1, 2023
March 15, 2023
April
April 5, 2023
April 19, 2023
May
May 3, 2023
May 17, 2023
June
June 7, 2023
June 21, 2023
July
July 5, 2023:
Canceled
July 19, 2023
August
August 2, 2023
August 16, 2023
September
September 6, 2023
September 20, 2023:
Canceled
October
October 4, 2023
October 18, 2023
November
November 1, 2023
November 15, 2023
December
December 6, 2023
December 20, 2023
Packet Page. 14
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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 E. Lanier, Interim Agency Director of Community,
Housing, and Economic Development Department
Department:Community, Housing, & Economic Development (CED)
Subject:Adopt a Resolution Approving a Memorandum of
Understanding (MOU) between San Bernardino
County, City of San Bernardino, and Vulcan Materials
Company – Western Division (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2023-173, approving the Memorandum of
Understanding (MOU), between San Bernardino County (“County”), the City of San
Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to
agree and concur that the County shall act as the Surface Mining and Reclamation Act
(SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency.
Executive Summary
The purpose of the Resolution is to approve the MOU between the County, City, and
Vulcan Materials Company in where all parties agree and concur that the County shall
act as the SMARA and CEQA Lead Agency in accordance with State Law for the
purposes of facilitating the processing of their independent entitlements, and
consolidation of two (2) existing surface mining and processing operations under a
single reclamation plan.
Background
On July 25, 2023, in line with the County’s submittal, Vulcan submitted the Cajon Creek
Consolidation Project (hereinafter the “Project”) to amend existing operational
characteristics under its existing City and County approved and issued entitlements
and consolidate two separate surface mining and processing operations under a single
reclamation plan pursuant to the SMARA of 1975.
For the purpose of processing the Project and setting roles and responsibilities
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between the County, City, and Vulcan, and MOU was submitted for consideration.
Discussion
Vulcan operates two (2) separate and adjacent surface mining and processing
operations in the City and County, where they recover aggregate (sand and gravel)
minerals. The existing Cajon Creek Quarry site (Area L, M, and N) is located in the
City. The existing Area Q is located in the County, immediately south of the Cajon
Creek Quarry. Vulcan is proposing certain changes to the operational characteristics
under its existing City and County entitlements. This includes certain amendments to
both the City and County-issued entitlements, as well as the consolidation of the two
(2) separate surface mining and processing operations under a single reclamation plan,
pursuant to the SMARA of 1975.
State law provides that whenever a proposed or existing surface mining operation is
within the jurisdiction of two or more public agencies, is a permitted use within the
agencies, and is not separate by a natural or manmade barrier coinciding with the
boundary of the agencies, the evolution of the proposed or existing operation shall be
made by the Lead Agency. Under SMARA, a Lead Agency is a public agency that has
principal responsibility for reclamation plan and financial assurance review and
approval, mine inspection, and enforcement. Furthermore, under CEQA, when two or
more public agencies with a substantial claim to be the Lead Agency, State law
provides that the public agencies may be in agreement and designate an agency as
the CEQA Lead Agency.
Therefore, in accordance with State law, the approval of the attached MOU between
the County, City, and Vulcan would be for the purposes of the County to act as the
SMARA and CEQA Lead Agency for the Project. The City will act as the Responsible
Agency under CEQA and is not precluded from the proper exercise of its land use
authority.
2021-2025 Strategic Targets and Goals
Approving a Memorandum of Understanding (MOU) between the County, City and
Vulcan aligns with Strategic Target No. 1: Improved Operational and Financial
Capacity, as it sets roles and responsibilities for all parties involved in processing the
Project, and both the County and City will benefit from the consolidation of the surface
mining and processing operations, in the event the Project is approved.
Fiscal Impact
There is no financial impact associated with the item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2023-173, approving the Memorandum of
Understanding (MOU), between San Bernardino County (“County”), the City of San
Bernardino (“City”), and Vulcan Materials Company – Western Division (“Vulcan”) to
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agree and concur that the County shall act as the Surface Mining and Reclamation Act
(SMARA) of 1975 and California Environmental Quality Act (CEQA) Lead Agency.
Attachments
Attachment 1 Resolution No. 2023-173
Attachment 2 Memorandum of Understanding
Attachment 3 Memorandum of Understanding - Exhibit A
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
Packet Page. 18
Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
Page 1 of 3
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RESOLUTION NO. 2023-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN SAN BERNARDINO
COUNTY, CITY OF SAN BERNARDINO, AND VULCAN
MATERIALS COMPANY – WESTERN DIVISION TO
AGREE AND CONCUR THAT SAN BERNARDINO
COUNTY SHALL ACT AS THE SURFACE MINING AND
RECLAMATION ACT AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT LEAD AGENCY.
WHEREAS, on July 25, 2023, in line with the San Bernardino County (“County”) submittal,
Vulcan Materials Company – Western Division (“Vulcan”), submitted the “Cajon Creek Consolidation
Project” (hereinafter the “Project”) to amend existing operational characteristics under its existing City
and County approved and issued entitlements, and the consolidation of the two (2) separate surface
mining and processing operations under a single reclamation plan pursuant to the Surface Mining and
Reclamation Act (SMARA). The Project site is depicted in Exhibit A of the Memorandum of
Understanding (MOU) (Attachment 2) attached hereto, and incorporated herein by reference; and
WHEREAS, the existing Cajon Creek Quarry is located in the City, with the existing Area
Q Quarry is located in the County; and
WHEREAS, State law provides that whenever a proposed or existing surface mining
operation is within the jurisdiction of two or more public agencies, is a permitted use within the
agencies, and is not separated by a natural or manmade barrier coinciding with the boundary of
the agencies, the evaluation of the proposed or existing operation shall be made by the Lead
Agency; and
WHEREAS, under SMARA, a Lead Agency, is a public agency that has principal
responsibility for reclamation plan and financial assurance review and approval, mine inspection,
and enforcement; and
WHEREAS, under the California Environmental Quality Act (CEQA), when two or more
public agencies with a substantial claim to be the Lead Agency, State law provides that the public
agencies may be in agreement and designate an agency as the CEQA Lead Agency; and
WHEREAS, in accordance with State law, the adoption of the attached MOU between
the County, City, and Vulcan would be for the purposes of the County to act as the SMARA and
CEQA Lead Agency in connection with the processing of the Project and will not preclude the
City from proper exercise of its land use authority, or police powers.
Packet Page. 19
Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Council of the City of San Bernardino hereby approves the MOU
between the County, City and Vulcan (Attachment 2).
SECTION 3. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions of or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the
City Clerk this 15th 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. 20
Resolution No. 2023-173
Resolution No. 2023-173
November 15, 2023
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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. 2023-173, adopted at a regular meeting held on the 15th 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. 21
MEMORANDUM OF UNDERSTANDING
Land Use Entitlement Processing and SMARA and CEQA Lead Agency Responsibilities
This Memorandum of Understanding (“MOU”) is entered into the last day listed below
(“Effective Date”), between San Bernardino County (“County”), City of San Bernardino (“City”),
and Vulcan Materials Company – Western Division (“Vulcan”). The County, City, and Vulcan
are collectively referred to herein as the “Parties” or referred to individually as “Party.”
RECITALS
A.Vulcan operates two separate and adjacent surface mining and processing
operations in the City and County. The existing Cajon Creek Quarry is located in the City. The
existing Area Q Quarry is located in the County.
B.Vulcan is proposing certain changes to operational characteristics under its existing
City and County entitlements. This includes certain amendments to both the City and County-
issued entitlements, as well as consolidation of the two separate surface mining and processing
operations under a single reclamation plan pursuant to the Surface Mining and Reclamation Act
of 1975 (Pub. Resources Code, § 2710 et seq. [“SMARA”]) (“Project”). The Project site is
depicted in Exhibit A attached hereto and incorporated herein by reference.
C.State law provides that whenever a proposed or existing surface mining operation
is within the jurisdiction of two or more public agencies, is a permitted use within the agencies,
and is not separated by a natural or manmade barrier coinciding with the boundary of the agencies,
the evaluation of the proposed or existing operation shall be made by the Lead Agency. A Lead
Agency, under SMARA, is a public agency that has principal responsibility for reclamation plan
and financial assurance review and approval, mine inspection, and enforcement. If a question
arises as to which public agency is the Lead Agency, any affected public agency or the mine
operator may submit the matter to the State Mining and Geology Board (“SMGB”) to determine
which public agency has principal SMARA responsibility.
D.Rather than submit the matter to the SMGB to determine whether the City or
County shall act as SMARA Lead Agency, the Parties agree and concur that the County shall act
as the SMARA Lead Agency for the Project.
E.When two or more public agencies with a substantial claim to be the Lead Agency
under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.
[“CEQA”]), state law further provides that the public agencies may by agreement designate an
agency as the CEQA Lead Agency. The Parties agree that the County will act as the sole CEQA
Lead Agency for environmental review of the Project and will have all discretion to fulfill the
obligation of a CEQA Lead Agency in connection with processing the Project. The City will use
the CEQA document in its role as responsible agency.
Packet Page. 22
F.Both the City and County will benefit from the consolidation of the surface mining
and processing operations, in the event the Project is approved.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as follows:
1. INCORPORATION OF RECITALS
The recitals set forth above are true and correct and incorporated herein by reference.
2. LAND USE AUTHORITY AND APPROVALS
(a)City and County agree that the County will be the sole SMARA Lead
Agency for the Project, if approved. As Lead Agency, the County shall have the principal
responsibility for review and approval of a reclamation plan and financial assurances, mine
inspection, and SMARA enforcement.
(b)City and County further agree that the County is the sole CEQA Lead
Agency in connection with processing the Project under CEQA, and that the City shall be a
responsible agency in connection with processing the Project under CEQA.
(c)The Parties agree that nothing in the MOU precludes the City and County
from the proper exercise of its land use or police powers, or constitute a waiver of any lawful
discretion under any law regarding the City and the County’s future determination on Vulcan’s
request for Project approvals or permits from the respective jurisdictions.
(d)The City and County will provide each other with a minimum of ten (10)
days’ notice before any public hearing on land use matters and before any discretionary approvals
associated with the Project.
3. INDEMNIFICATION
Vulcan hereby agrees to defend, indemnify, and hold harmless the City and County, its
City Council and/or Board of Supervisors, commissions, officers, employees and agents, from and
against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without
limitation, attorneys’ fees, and costs and fees of litigation) of every nature, kind, or description,
which may be brought by a third party against, or suffered or sustained by, the City and/or County,
or its City Council and/or Board of Supervisors, commissions, officers, employees and agents,
from and against any and all claims, suits, or actions to challenge or void this MOU.
4. GOVERNING LAW AND VENUE
This MOU shall be governed by the laws of the State of California. The venue for any
dispute arising from or related to this MOU, its performance, and its interpretation shall be the
Superior Court of California, County of San Bernardino.
Packet Page. 23
5. MODIFICATIONS
This MOU represents and contains the entire agreement and understanding among the
Parties hereto with respect to the subject matter of this MOU, as of the Effective Date, and
supersedes any and all prior written and oral agreements and understandings. Any modification of
or amendment to this MOU will be effective only if it is signed in writing by all Parties. The Parties
shall notify each other at least ten (10) days before making any changes to this MOU and shall
cooperate with each other in making any such changes.
6. COUNTERPARTS
This MOU 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
MOU. The Parties shall be entitled to sign and transmit an electronic signature of this MOU
(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 MOU upon request.
7. INTERPRETATION
This MOU shall be construed as a whole according to its fair meaning, and not strictly for
or against any Party. The Parties acknowledge that this MOU documents a negotiated agreement
and it shall not be construed or interpreted in favor of any Party due to the fact that one of the
Party’s attorneys drafted this MOU.
IN WITNESS WHEREOF, the Parties have entered into this Memorandum of Understanding as
of the Effective DATE.
[Signatures on following page]
Packet Page. 24
SAN BERNARDINO COUNTY
By:__________________________________
Dawn Rowe, Chair
Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD OF SUPERVISORS
Lynna Monell
Clerk of the Board of Supervisors
By:__________________________________
(deputy)
Approved as to form:
TOM BUNTON
County Counsel
By:_________________________________
Jason Searles
Supervising Deputy County Counsel
CITY OF SAN BERNARDINO
By:_________________________________
Helen Tran
Its: Mayor
Date:________________________________
ATTEST:
By:__________________________________
Genoveva Rocha, City Clerk
Approved as to form:
By:_________________________________
Sonia R. Carvalho
City Attorney
VULCAN MATERIALS COMPANY –
WESTERN DIVISION
By:_________________________________
Its:_________________________________
Date:
Approved as to form:
By:__________________________________
Mark Reardon
Vulcan Materials Company – Western
Division Counsel
Packet Page. 25
AREA MAREA LAREA KAREA QAREA N1REVISIONSMARK DATEDESCRIPTIONBYREVIEWED BY:DATEDATEVULCAN MATERIALS COMPANYSCALE:AS SHOWNAS SHOWNHORIZ.VERT.DRAWN BY:G.CAMUSBGA / APSCHECKED BY:FIGURE NUMBERDATUM: HORZ= NAD83, CALIFORNIA ZONE 5, US FOOTVERT= NAVD88SITE12/20/22INITIAL DRAFTGJCOWNERLAND USE CONSULTANTSESPE CONSULTING, INC.374 POLI STREET, SUITE 200VENTURA, CALIFORNIA 93001(805) 275-1515OWNER / APPLICANTVULCAN MATERIALS COMPANY -WESTERN DIVISION31 RANCHO CAMINO DRIVE, SUITE 300POMONA, CALIFORNIA 91766INDEX MAPCALIFORNIASCALE IN FEETSCALE: 1" = 400'SCALE INDICATED IS BASED ON A24" X 36" FORMAT PRINT400 0 400 800DATA SOURCESPROPERTY BOUNDARIES:ALTA SURVEY PREPARED APRIL 2006 BY DAWSON SURVEYING, INC.ALTA SURVEY PREPARED JUNE 2008 BY GORDON EDWARDS, PLS #6678 FOR THE LOTLINE ADJUSTMENT FOR FOR APN 0262-241-26.SURVEY DATA PREPARED SEPTEMBER 2019 BY JOSEPH PADILLA, PLS #7557 FOR THE LOTLINE ADJUSTMENT OF APN: 0262-221-17.TOPOGRAPHY:TOPOGRAPHY WITHIN AREAS K, L, M, AND N SOURCED FROM DIGITAL MAPPING, INC.(DENNIS HERBERT DILLMAN, PLS 5424), FLOWN 05/12/2014.TOPOGRAPHY OUTSIDE AREAS K, L, M, AND N SOURCED FROM DIGITAL MAPPING, INC.,FLOWN 8/30/2005. DATUM: HORZ= NAD83, CALIFORNIA ZONE 5, US FOOTVERT= NAVD88CONTOUR INTERVAL: 10 FEETAERIAL:BING IMAGERY, 2022VULCAN MATERIALS COMPANYCAJON CREEK CONSOLIDATED QUARRYCA MINE ID # 91-36-0188MINING / RECLAMATION PLANSHEET INDEXFIGURE 1: SITE OVERVIEW - EXISTING CONDITIONSFIGURE 2: PROPERTY INFORMATIONFIGURE 3: MINING PLANFIGURE 4: RECLAMATION PLANFIGURE 5: SECTION A-A'FIGURE 6: SECTION B-B'FIGURE 7: SITE PLANPROPOSED USE: EXISTING, PERMITTED AGGREGATE MINE, AGGREGATE PROCESSINGFACILITIES, AND HOT MIX ASPHALT PLANTMINERAL COMMODITY: SAND AND GRAVELAPPLICANT / VULCAN MATERIALS COMPANY - WESTERN DIVISIONOPERATOR: 31 RANCHO CAMINO DRIVE, SUITE 300POMONA, CALIFORNIA 91766(818) 553-8800PLAN DESIGN: SESPE CONSULTING, INC.374 POLI STREET, SUITE 200VENTURA, CALIFORNIA 93001(805) 275-1515LEAD AGENCY: COUNTY OF SAN BERNARDINOLAND USE SERVICES DEPARTMENT385 N. ARROWHEAD ROADSAN BERNARDINO, CALIFORNIA 93001(909) 387-4002LAND USE ZONING: SEE SHEET 2BASE MAP SOURCES: SEE TOPOGRAPHY SOURCES (RIGHT)374 Poli Street, Suite 200 • Ventura, CA 93001(805) 275-1515 • www.sespeconsulting.comA Trinity Consultants CompanySURROUNDING LAND USESDIRECTION LAND USE DESIGNATION DESCRIPTIONNORTHUNDEVELOPED LAND &INDUSTRIAL DEVELOPMENTUNDEVELOPED LAND / A LARGE INDUSTRIALWAREHOUSE OCCURS NORTH OF THEPROJECT SITE AND LIGHT INDUSTRIALDEVELOPMENT TO THE NORTHEAST.SOUTHMUSCOY / SINGLE RESIDENTIAL -1-ACRE MINIMUM (MS/RS-1)THE DEVIL CREEK DIVERSION CHANNEL RUNSDOWN THE SOUTHERN BOUNDARY OF THESITE, AND THE RESIDENTIAL COMMUNITY OFMUSCOY IS LOCATED DIRECTLY SOUTH OFTHIS DIVERSION CHANNEL.EASTINDUSTRIAL HEAVY (IH)INDUSTRIAL DEVELOPMENTS ARE LOCATEDEAST OF THE SITE, ACROSS CAJONBOULEVARD.WEST UNDEVELOPED LANDTHE LYTLE CREEK/CAJON CREEK DRAINAGELOCATED TO THE WEST.LEGEND:AREA K BOUNDARY (35.1 ACRES)AREA L BOUNDARY (133.0 ACRES)AREA M BOUNDARY (100.1 ACRES)AREA N BOUNDARY (66.3 ACRES)AREA Q BOUNDARY (196.0 ACRES)EXISTING TOPOGRAPHYMINIMUM MINING SETBACK (FROM PROJECTBOUNDARY)PROJECT SITE INFORMATIONEASEMENT: PUBLIC UTILITIES EASEMENTS TO BE VACATED PRIORTO MINING WITHIN THESE AREASMINERAL BEING EXTRACTED: SAND AND GRAVELADJACENT AREA: SEE SHEET 3PROJECT AREA: SEE SHEET 3PROTECTED PLANTS: NONEGROUNDWATER LEVEL: +260 FEET BELOW GROUND SURFACE(SEE SHEET 5 AND 6)EXISTING LAND USE DESIGNATION: SEE TABLE SHEET 2PROPOSED LAND USE DESIGNATION: SEE TABLE SHEET 2ELECTRICITY:SOUTHERN CALIFORNIA EDISON (SCE)P.O. BOX 800ROSEMEAD, CA 91770(800) 655-4555GAS: N/A (NO NATURAL GAS AND/OR PROPANE SERVICEREQUIRED)WATER: EXISTING WATER WELL LOCATED WITHIN AREA MSEWER: EXISTING PORTABLE SANITATION FACILITIES LOCATEDWITHIN AREA LTELEPHONE:N/A (NO FIXED LANDLINE TELEPHONE SERVICEREQUIRED)INSTITUTION ROAD50' SETBACK(TYP.)50' SETBACK(TYP.)30' SETBACK(TYP.)100' SETBACK(TYP.)100' SETBACK(TYP.)100' SETBACK(TYP.)50' SETBACK(TYP.)50' SETBACK(TYP.)50' SETBACK(TYP.)25' SETBACK(TYP.)50' SETBACK(TYP.)CAJO
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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
Subject:Irrevocable Agreement to Annex No. 2023-375 (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission
(LAFCO) to provide City sewer services to a property located at 1199 W 41st Street,
San Bernardino, California, within the unincorporated territory of Arrowhead Farms;
and authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended action is the first step to initiate proceedings for the connection to
the City sewer system. The land use is consistent with the City’s General Plan and the
San Bernardino Water Department has confirmed the capacity to service the property.
The property owner ”Petitioner” has received approval from the San Bernardino Water
Department to proceed with the LAFCO application.
Background
In July 2023, the San Bernardino Water Department received a request for sewer
service from the owners of a parcel located at 1199 W 41st Street (APN: 0265-221-23)
for a connection to the sewer collection system. The property owner is abandoning the
existing septic tank and desires a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires LAFCO to approve the provision of new City services
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outside its corporate boundaries. The annexation of single parcels is not desirable
since it creates uneven boundaries and creates confusion regarding the delivery of
other City services. This property is contiguous to City boundaries; however,
annexation of this property would result in other islands.
In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a
policy relative to the provision of sewer services outside of City boundaries. The policy
requires a payment of $1,300 from the Petitioner for the initial sewer connection
application processing fee. Additionally, the Petitioner will pay all LAFCO related fees
directly to LAFCO and the normal sewer capacity and connection fees to the Water
Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and that the existing residential use is consistent
with the City's General Plan. The Water Department has determined that there is an
available 10-inch vitrified clay pipe sanitary sewer main within W 41st Street, fronting
the subject parcel.
LAFCO requires the City of San Bernardino to complete the application. The resolution
will allow the City to submit an application to LAFCO if approved by the Mayor and City
Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be
executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Goal 4b: Update the General
Plan and Development Code as it ensures this property meets General Plan use and
will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection
application processing fee has been paid by the applicant. The applicant will also pay
the corresponding sewer capacity and connection fees to the Water Department, and
other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2023-174 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 1199 W 41st Street, San
Bernardino, California, within the unincorporated territory of Arrowhead Farms; and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
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Attachments
Attachment 1 - Resolution No. 2023 -174
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex
Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 – Exhibit C - Application
Ward
Fifth Ward
Synopsis of Previous Council Actions
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275
relative to the providing of sewer services outside of City
boundaries.
Packet Page. 29
Resolution No. 2023-174
Resolution No. 2023-174
November 15, 2023
Page 1 of 3
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RESOLUTION NO. 2023-174
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO PROPERTY LOCATED WITHIN
THE UNINCORPORATED TERRITORY AT 1199 W 41st
STREET, SAN BERNARDINO, CALIFORINA, WITHIN THE
UNICORPORATED AREA OF ARROWHEAD FARMS; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, RK Capital Group, a California Corporation, the owner of the property
located 1199 W 41st Street, San Bernardino, California, in the unincorporated area known as
Arrowhead Farms, also known as Assessor’s Parcel Number 0265-221-23, has requested
connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
an application to the LAFCO for the connection to the City’s sewage system for property located
at 1199 W 41st Street, Assessor’s Parcel Number 0265-221-23, more fully described as follows:
Packet Page. 30
Resolution No. 2023-174
Resolution No. 2023-174
November 15, 2023
Page 2 of 3
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The West 95 feet of the North 198 feet of that portion of Lot 33, Arrowhead Suburban
Farms, Tract A, in the County of San Bernardino, State of California, as per Plat recorded in Book
1, Page 6 of Maps, records of said County.
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement
to Annex No. 2022-375, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause
to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
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 15th 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. 31
Resolution No. 2023-174
Resolution No. 2023-174
November 15, 2023
Page 3 of 3
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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. 2023-174, adopted at a regular meeting held on the 15th 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. 32
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2023-375
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 15th
day of November, 2023; by and between RK Capital Group, a California Corporation, hereinafter
referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal
corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this
Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-221-23-0000,
located at 1199 W 41 st Street, San Bernardino, California, and parcel is further
described as follows:
The West 95 feet of the North 198 feet of that
portion of Lot 33, Arrowhead Suburban Farms,
Tract A, in the County of San Bernardino, State of
California as per Plat recorded in Book 1, Page 6
of Maps, records of said County. with Assessor’s
Parcel Number: 0265-221-23 (“Property”).
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be
provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient
capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an equitable
servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors
and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
Packet Page. 33
IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors, and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and their Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local Agency
Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER and their
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors, and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis
on the circulation plan-street section) and any rules and regulations promulgated
by the Water Board of the San Bernardino Municipal Water Department
relating to CITY’s sewage system and wastewater treatment plant service
system.
f. To make application to LAFCO and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successors
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
Packet Page. 34
IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable standards. Reasonable standards are defined as the level of
maintenance service necessary to keep the appearance and operation of the
Property free from visible defects, deterioration, dirt, and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
Packet Page. 35
IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________
Charles A. Montoya RK Capital Group
City Manager Signature
______ _Ana Medrano _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2023-375 (Ward 5)
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APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES To: City of San Bernardino Public Works Department, Real Property Section 300 N. "D" Street-3rd Floor, San Bernardino, CA 92418 (909)384-5111This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to established City policies, a copy of which I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand that prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an "Irrevocable Agreement to Annex" in the event that my property may be subject to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity andhook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of ownership (Copy of Deed, Title Policy. etc.) along with
rocessin fee of Sl.300.00 and • . Property Owner(s): ___ K.�����--+=��-�--....... ----------------Mailing Address: P., ()_ )( 1 4 15 '?u r r>L 'fk31g_ Property Address: 11 t:ftil .V. 41 .s+-�1 &cnar'c.h /)D <4-l Assessor's ParcelNo(s): OJ.i,51/2..d 2-3000 0 Tel. No.:(,!f ott ) �'J; s-"JY'J /pg1
l I Existing Development:[] Residential (Single Family). No. Bedrooms: __ [] Residential (multi family). Describe: _____ []Commercial/Industrial.Describe: _____ _ �ew Development: [] Residential (Single Family) No. Bedrooms __ rY $1.U to u tr� l e:X �e�ential (n:u.iJ.ti..fami�ly . Describe: [ ] Commercial/Industrial. escribe:_"' ____ _ Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of
development permit application, if any, filed with the County of San Bernardino. Additional Comments: ______________________________ _ [ ] I request a waiver of LAFCO fees based upon the following health and safety urgency: Date:_O�q +--/ _O ""--tvl_Z�.3� I I k�-Signfture{sj FOR CITY USE ONLY Received on: _________ by: _________ Receipt No.: __________ _ Nearest sewer main: _______________________________ _ CITY FEES: Filing: $ I ,300.00 Capacity: Connection: Inspection: TOTAL: $ ____ _ Rev. 12/2011 Comments: _____________________ _ EXHIBIT C
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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
Barbara Whitehorn, Director of Finance & Management
Services
Department:Finance
Subject:Approval of Commercial and Payroll Disbursements
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2023.
Executive Summary
This action approves the payments made through the regular commercial check
registers and payroll disbursements in October 2023.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Improved Operational & Financial Capacity
by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary
impact is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2023.
Attachments
Attachment 1 Payroll Summary Report for October 2023
Attachment 2 Commercial checks & Payroll Register #19
Attachment 3 Commercial checks & Payroll Register #20
Attachment 4 Commercial checks & Payroll Register #21
Attachment 5 Commercial checks & Payroll Register #22
Ward:
All Wards
Synopsis of Previous Council Actions:
Gross Payroll
Bi-Weekly for October 12, 2023 $3,178,563.36
Bi-Weekly for October 26, 2023 $2,988,283.50
Monthly for October 15, 2023 $26,950.00
Total Payroll Demands: $6,193,796.86
The following check registers are being presented for approval:
October 5, 2023 2023/24 (Regi ster #19)$765,862.52
October 12, 2023 2023/24 (Regi ster #20)$2,009,258.07
October 19, 2023 2023/24 (Regi ster #21)$2,001,975.97
October 26, 2023 2023/24 (Regi ster #22)$3,638,484.46
Total commercial check demands:$8,415,581.02
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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
Barbara Whitehorn, Director of Finance & Management
Services
Department:Finance
Subject:Investment Portfolio Report for July, August, and
September 2023 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file the Monthly Investment Portfolio Report for July, August, and
September 2023.
Executive Summary
A report on the performance of the City’s investments and assurance that the
investment portfolio is compliant with the City’s Investment Policy.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance and Management Services will prepare, review, and present the City’s
Investment Portfolio Report and confirm that the portfolio is compliant with the City’s
Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended July 31, August 31, and September 30, 2023.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash flow
from a combination of liquid and maturing securities, bank deposits, and income to
meet the City’s expenditure requirements.
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2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file the Monthly Investment Portfolio Report for July, August, and
September 2023.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, July 2023
Attachment 2 Investment Portfolio Management Summary Report, August 2023
Attachment 3 Investment Portfolio Management Summary Report, Sept 2023
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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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
Rolland Kornblau, Director of Information Technology
Department:Information Technology
Subject:Professional Service Agreement with CentralSquare
Technologies, LLC. (All Wards).
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager or designee, to execute a five-year Professional
Service Agreement with Central Square Technologies; and
2. Authorize the Director of Finance and Management Services to issue a
purchase order to Central Square Technologies, in the amount of $51,504.93
for the first year commencing on the effective date November 15, 2023; with a
not to exceed amount of $131,823.01 for the duration of the five-year agreement
term.
Executive Summary
CrimeView is a software system that is used to assist in the day-to-day operation of
collecting crime data to identify trends. CrimeView is migrating to cloud-based and will
discontinue the on-premises system. The switch will allow for the continued use of the
system, which offers the advantage of being more efficient with real-time analytics and
insights for mapping and reporting used by the Police Department.
Background
The Police Department has used the CrimeView software system since 2007. The
system is used as an internal and public-facing user interface that allows crime data to
be displayed on map-related reports. The current system has been an on-premises
architecture since its initial installation. Staff was advised in 2022 by the manufacturer,
CentralSquare Technologies, that the on-premises version of CrimeView would be
discontinued and unsupported by the end of the maintenance period, so a cloud-based
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system will be required. CentralSquare also advised that their supported cloud-based
replacement for the on-premises CrimveView system will be CrimeView Analytics. Staff
has researched alternatives to the CrimeView product, and no comparable system was
discovered.
Discussion
The need of the cloud-based system upgrade for the Police Department will be
required once the current on-premises system is discontinued. Upgrading will allow for
the continued use of the CrimeView software system, which has been a proven tool to
increase efficiency and assist to develop and analyze crime trends within the agency
and a transparent way to distribute the data collected to the public. The cost provided
is based on the quote received from CentralSquare for the upgrade and a 10%
contingency. The funding for the upgrade has already been provided in the FY 2023/24
Adopted Budget.
The cost for the first year of the agreement is expected to be $51,504.93. Thereafter the
recurring fees for system Software and Maintenance use as outlined in the quote will be
$16,402.66 annually plus an additional 5% each year with a 10% contingency for
applicable sales tax and potential unforeseen costs.
TABLE B: COST BY YEAR
Year 1 Year 2 Year 3 Year 4 Year 5 Total Cost
$51,504.93 $17,222.79 $18,083.93 $20,886.94 $24,124.42 $131.823.01
2021-2025 Strategic Targets and Goals
The request to purchase the upgrade to the current software aligns with Key Target
No. 2: Focused, Aligned, Leadership and Unified Community. Software applications
are maintained to achieve operational efficiencies and support organizational
effectiveness of evolving processes.
Fiscal Impact
There is no fiscal impact associated with this item. Funding has been 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:
TABLE A: 2023 COST
DESCRIPTION COST
Adopted Budget Available $118,102.16
CrimeViewAnalytics Subscription $46,822.66
10 % Contingency $4,682.27
Total Recommended Amount $51,504.93
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1. Authorize the City Manager or designee, to execute a five-year Professional
Service Agreement with Central Square Technologies; and
2. Authorize the Director of Finance and Management Services to issue a
purchase order to Central Square Technologies, in the amount of $51,504.93
for the first year commencing on the effective date November 15, 2023; with a
not to exceed amount of $131,823.01 for the duration of the five-year agreement
term.
Attachments
Attachment 1 - PSA- CentralSquare Technologies
Attachment 2 - SSJ - CrimeView Analytics
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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DocuSign Envelope ID: AD33FEEF-F389-48EB-90E0-D8EAD4FAB2A9
CITY OF SAN BERNARDINO
PROFESSIONAL SOFTWARE SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ___________, 2023
(“Effective Date”), by and between the City of San Bernardino, a charter city and
municipal corporation organized and operating under the laws of the State of California,
with its principal place of business at Vanir Tower, 290 North D Street San Bernardino,
CA 92401 (“City” or “Customer”) and CentralSquare Technologies, a limited liability
company with its principal place of business at 1000 Business Center Drive, Lake Mary,
Florida 32746 (“Vendor” or “CentralSquare”).
individually referred to as “Party” and collectively as “Parties.”
2.
City and Vendor are sometimes
RECITALS.
2.1 City. City is a public agency of the State of California and is in need of
professional software services for the following project:
CrimeView Analytics Software and Professional Services (hereinafter referred to as “the
Project”)
2.2 Vendor. Vendor desires to perform and assume responsibility for the
provision of certain professional services including, but not limited to, software
programming and on-going maintenance services as required by the City on the terms
and conditions set forth in this Agreement. Vendor represents that it is experienced in
providing software services to public agency clients, is licensed in the State of
California, and is familiar with the computing environment of the City.
2.3 Grant of License. Vendor hereby represents and warrants to City that
Vendor is the owner of the Application Software, as defined herein, or otherwise has the
right to grant to City the rights to use of the Application Software, as set forth in this
Agreement and the attached License Agreement.
2.4 Project. City desires to engage Vendor to render such services for the
Project as set forth in this Agreement.
3.DEFINITIONS
3.1 Acceptance. The term Acceptance as used in this Agreement shall refer
to a thirty (30) day period following notification by the Vendor that the Application
Software or any component or element thereof is ready for use. During this period, the
City will test the System and if no Defects are reported, that component or element of
the Application Software will be deemed Accepted. If Defects are reported, the Vendor
will correct the Defect and a new Acceptance period will begin once the City has been
notified by the Vendor.
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DocuSign Envelope ID: AD33FEEF-F389-48EB-90E0-D8EAD4FAB2A9
3.2 Application Software. The term Application Software as used in this
Agreement shall refer to the collection of software programs (i.e. executable code)
provided to the City by Vendor that will perform the set of functions described in the
Exhibit “A”.
3.3 Custom Software. The term Custom Software is computer programs
developed under this Agreement that extends the functionality of the Application
Software to include features specified or required as part of this Project and under this
Agreement not originally part of the Vendor’s baseline or prior version of the Application
Software.
3.4 Defect. The term Defect as used in this Agreement shall refer to any error
or malfunction in the operation of the System under this Agreement that prevents the
City or its agents or employees from using the Application Software to perform the
features and functions proposed in Exhibit “A”.
3.5 Delivery. The term Delivery related to software shall mean the transfer
and receipt (electronically) of the Application Software to the designated, City approved
computing environment. Delivery of professional Services, as used in this Agreement,
shall mean that the City’s designated agent under this Agreement has signed off on a
given task or work order.
3.6 Final Acceptance. The term Final Acceptance as used in this Agreement
shall be used to refer to the thirty (30) day period following the complete Acceptance
and operation in productive use of all the components and elements of the System that
is free of Defects. If Defects are reported by the City, the Vendor will correct the
Defect(s) and notify the City after which a new Final Acceptance period will begin.
3.7 Installation. The term Installation as used in this Agreement shall refer to
the loading of executable code necessary for the operation of the Application Software
on one of the computing environments designated herein with the Platform Software.
3.8 License Agreement. The term License Agreement as used in this
Agreement shall mean the license agreement(s) for the Application Software attached
hereto as Exhibit “D”.
3.9 On-going Maintenance and Support Services.The term On-going
Maintenance and Support Services as used in this Agreement shall mean those
Services required for on-going Application Software maintenance and support.
3.10 Platform Software. The term Platform Software shall mean all of the
server and client operating systems, utilities, objects, database software, and any 3rd
Party software necessary to operate the Application Software as required by this
Agreement.
3.11 Project. The term Project as used in this Agreement shall refer to all of
the materials, labor and Services required to deliver the System.
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DocuSign Envelope ID: AD33FEEF-F389-48EB-90E0-D8EAD4FAB2A9
3.12 Project Deliverables. The term Products as used in this Agreement shall
refer to, collectively, the Application Software, Custom Software, Platform Software,
Updates, Source Code and any other products, including intellectual property, provided
by Vendor under this Agreement, as more specifically set forth in Exhibit “A”.
3.13 Project Services. The term Project Services as used in this Agreement
shall mean those Services to be provided by Vendor in order to complete the Project,
through Final Acceptance.
3.14 Services. The term Services as used in this Agreement shall mean,
collectively, the Project Services and the On-going Maintenance and Support Services.
3.15 Source Code. The term Source Code as used in this Agreement shall
refer to all programming language code, objects, stored procedures, utilities, and
compilers necessary to generate executable code for all of the Application Software and
Custom Software provided under this Agreement, including all user, technical and
system documentation necessary for a reasonable person to understand how to operate
all elements of the System.
3.16 System. The term System shall be used in this Agreement to refer to the
collection of software, firmware, operating system, database system, hardware and
peripherals necessary to operate the Application Software to perform the functions
specified in Exhibit “A”.
3.17 Update. The term Update shall be used in this Agreement to refer to any
bug fix, patch, enhancement, error correction, revision, performance improvement, new
version, added features to or replacement of the Application Software, or any
component or element thereof, designed to perform the same functions as the
Application Software on any Platform Software or computing environment.
4.TERMS.
4.1 Incorporation of Documents and Recitals; Order of Precedence. The
attached exhibits and the recitals set forth above are incorporated into this Agreement
by reference as though fully set forth herein.
4.2 Scope of Services and Term.
4.2.1 General Scope of Services. Vendor promises and agrees to
furnish to the City all labor (technical consulting, training, programming, etc.), software,
materials, tools, equipment, services, and incidental and customary work necessary to
fully and adequately supply CrimeView Analytics and Professional Services necessary
for the Project. The Project is more particularly described in Exhibit “A” (Statement of
Work) attached hereto and incorporated herein by reference including definitions
required for interpreting the services described. Vendor’s methodology of connection is
more particularly described in Exhibit “G”, attached hereto and incorporated herein by
this reference. The Project shall be subject to, and performed in accordance with, this
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DocuSign Envelope ID: AD33FEEF-F389-48EB-90E0-D8EAD4FAB2A9
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations. In the event of any
conflict between the terms of the main body of the Agreement and any of the exhibits,
the terms of the main body of the Agreement shall control.
4.2.2 On-Going Maintenance and Support Services. Vendor further
promises and agrees to furnish to the City all labor (technical consulting, training,
programming, etc.), software, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the On-going Maintenance
Services as required hereunder. The On-going Maintenance and Support Services are
more particularly described in Exhibit “E” (On-going Maintenance Services Statement of
Work) attached hereto and incorporated herein by reference including, if applicable,
definitions required for interpreting the services described. The Service Level
Commitments of the Vendor are outlined in Exhibit “F”, attached hereto and
incorporated herein by this reference. The On-going Maintenance and Support
Services shall be subject to, and performed in accordance with, the applicable
provisions of this Agreement and the attached exhibits, and all applicable local, state
and federal laws, rules and regulations.
4.2.3 Term.
4.2.3.1 Initial Term.The term of this Agreement shall
continue for a term of five (5) years beginning on the Effective Date of the Agreement.
4.2.3.2 Renewal Term. This Agreement will automatically
renew for additional successive one (1) year terms unless earlier terminated pursuant to
any of the Agreement’s provisions (a “Renewal Term” and, collectively, with the Initial
Term, the “Term”).
4.3 Responsibilities of Vendor.
4.3.1 Control and Payment of Subordinates; Independent Contractor.
The Project Deliverables and Services shall be provided by Vendor or under its
supervision. Vendor will determine the means, methods and details of performing
Project subject to the requirements of this Agreement. City retains Vendor on an
independent contractor basis and not as an employee. Vendor 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 Vendor
shall also not be employees of City and shall at all times be under Vendor’s exclusive
direction and control. Vendor 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. Vendor 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.
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DocuSign Envelope ID: AD33FEEF-F389-48EB-90E0-D8EAD4FAB2A9
4.3.2 Schedule of Services.Vendor shall perform the Project
Services expeditiously, within the term of this Agreement, and in accordance with the
Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference.
Vendor shall perform the On-Going Maintenance and Support Services in accordance
with the schedule therefor included in Exhibit “E”. Vendor represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Vendor’s conformance with the foregoing
schedules, City shall respond to Vendor’s submittals in a timely manner.
4.3.3 Conformance to Applicable Requirements. All work prepared
and Services performed by Vendor shall be subject to the approval of City.
4.3.4 Warranty. Vendor warrants that the Application Software shall
perform as proposed and represented in Exhibit “A”. In addition, Vendor represents and
warrants that, at Final Acceptance, the Application Software shall perform all of the
functions specified in Exhibit “A”.
4.3.5 Substitution of Key Personnel. Vendor has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Vendor may
substitute other personnel of at least equal competence upon written approval of City.
In the event that City and Vendor cannot agree as to the substitution of key personnel,
City shall be entitled to terminate this Agreement for cause. As discussed below, any
personnel who fail or refuse to perform the Services in a manner acceptable to the City,
or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or
property, shall be promptly removed from the Project by the Vendor at the request of the
City.
4.3.6 Coordination of Services. Vendor agrees to work closely with
City staff in the performance of Services and shall be available to City’s staff, Vendors
and other staff at all reasonable times.
4.3.7 Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it
is skilled in the professional calling necessary to perform the Services. Vendor warrants
that all employees and subcontractors shall have sufficient skill and experience to
perform the Services assigned to them. Finally, Vendor 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, Vendor 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 Vendor’s failure to comply with the standard of care provided
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for herein. Any employee of the Vendor or its sub-Vendors 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 or from the provision of On-Going Maintenance and Support
Services by the Vendor and shall not be re-employed to perform any of the Services or
to work on the Project.
4.3.8 Regulatory Compliance. Vendor 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 and the On-Going Maintenance and
Support Services, including all federal and state requirements, and shall give all notices
required by law. Any and all Application Software provided under this Agreement shall
be compliance with all relevant federal and state laws and regulations including, but not
limited to IRS, Social Security, Federal Trade Commission, Homeland Security,
California Public Employees Retirement System (CalPERS), and California Franchise
Tax Board. Vendor shall be liable for all violations of such laws and regulations in
connection with delivery of Products and Services under this Agreement. If the Vendor
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Vendor shall be solely responsible for all costs
arising therefrom. Vendor 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.
4.3.9 Additional Provisions Related to On-going Maintenance and
Support Services.
4.3.9.1 Defect Remediation. Vendor shall correct any reported
Defects in a timely manner.
4.3.9.2 Updates/Platform Protection. Vendor expressly agrees
that the continuous payment for On-going Maintenance and Support Services
hereunder shall entitle the City to all Updates released by Vendor (or the Application
Software manufacturer), at no additional cost to the City, regardless of the operating
system or database platform on which the Updates operate. Vendor shall, on a
quarterly basis, make the City aware of any available Updates. Updates shall be
installed only after completion, to City’s satisfaction, of reasonable testing in a City test
environment. The City shall only be responsible for data conversion and/or training
costs associated with the Update, which shall be at the Vendor’s then current standard
rates charged to similar customers for similar services, and as shall be agreed upon in
writing, in advance by the Parties.
4.4 Party Representatives.
4.4.1 City’s Representative. The City hereby designates the City
Manager, or his or her designee, to act as its representative for the performance of this
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Agreement (“City’s Representative”). City’s Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Vendor shall not accept
direction or orders from any person other than the City’s Representative or his or her
designee.
4.4.2 Vendor’s Representative.Vendor shall designate , a
representative for the performance of Vendor’s obligations this Agreement (“Vendor’s
Representative”). Vendor’s Representative shall have full authority to represent and act
on behalf of the Vendor for all purposes under this Agreement. The Vendor’s
Representative shall supervise and direct the Services, using his 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.
4.5 Insurance.
4.5.1.1 Time for Compliance. Vendor shall not commence the
Project under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Vendor 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.
4.5.1.2 Additional Insured. The City of San Bernardino, its
officials, officers, employees, agents, and volunteers shall be included as additional
insureds on Vendor’s and its subvendors’ policies of commercial general liability and
automobile liability insurance using the endorsements and forms specified herein or
exact equivalents.
4.5.1.3 Commercial General Liability
(A)The Vendor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified
herein, Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(B)Coverage for Commercial General Liability
insurance shall be at least as broad as the following: Insurance Services Office
Commercial General Liability coverage (Occurrence Form CG 00 01) or exact
equivalent.
(C)Commercial General Liability Insurance must
include coverage for the following:
(a)
(b)
Bodily Injury and Property Damage
Personal Injury/Advertising Injury
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(c)
(d)
(e)
(f)
Premises/Operations Liability
Products/Completed Operations Liability
Aggregate Limits that Apply per Project
Explosion, Collapse and Underground
(UCX) exclusion deleted
Contract\
(g)Contractual Liability with respect to this
(h)
(i)
Broad Form Property Damage
Independent Vendors Coverage
(D)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.
(E)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 and 20 37, or endorsements providing
the exact same coverage.
(F)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.
4.5.1.4 Automobile Liability.
(A)At all times during the performance of the work
under this Agreement, the Vendor 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.
(B)Coverage for automobile liability insurance shall be
at least as broad as Insurance Services Office Form Number CA 00 01 covering
automobile liability (Coverage Symbol 1, any auto).
(C)The policy shall give City, its elected and appointed
officials, officers, employees, agents and City designated volunteers additional insured
status.
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(D)Subject to written approval by the City, the
automobile liability program may utilize deductibles, provided that such deductibles shall
not apply to the City as an additional insured, but not a self-insured retention.
4.5.1.5 Workers’ Compensation/Employer’s Liability.
(A)Vendor certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer
to be insured against liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that code, and he/she will comply with such
provisions before commencing work under this Agreement.
(B)To the extent Vendor has employees at any time
during the term of this Agreement, at all times during the performance of the work under
this Agreement, the Vendor 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. Vendor shall require all
subvendors 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.
4.5.1.6 Professional Liability (Errors and Omissions). At all times
during the performance of the work under this Agreement the Vendor 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 Vendor. “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.
4.5.1.7 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.
4.5.1.8 Minimum Policy Limits Required.
(A)The following insurance limits are required for the
Agreement:
Combined Single Limit
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Commercial General Liability
Automobile Liability
$2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
$1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability
Professional Liability
$1,000,000 per occurrence
$1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence limit
(B)Defense costs shall be payable in addition to the
limits.
(C)Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any insurance. Any
available coverage shall be provided to the parties required to be named as Additional
Insured pursuant to this Agreement.
4.5.1.9 Evidence Required. Prior to execution of the Agreement,
the Vendor shall file with the City evidence of insurance from an insurer or insurers
certifying to the coverage of all insurance required herein. 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.
4.5.1.10 Policy Provisions Required.
(A)Vendor shall provide the City at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except
that the Vendor 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 Vendor 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.
(B)The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’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.
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(C)The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Vendor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Vendor shall purchase a one (1) year extended reporting period A) if
the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-
made policy with a retroactive date subsequent to the effective date of this Agreement.
(D)All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers
or shall specifically allow Vendor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Vendor hereby
waives its own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subvendors.
(E)The limits set forth herein shall apply separately to
each insured against whom claims are made or suits are brought, except with respect to
the limits of liability. Further the limits set forth herein shall not be construed to relieve
the Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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.
4.5.1.11 Qualifying Insurers.
(A)All policies required shall be issued by acceptable
insurance companies, as determined by the City, which satisfy the following minimum
requirements: each such policy shall be from a company or companies with a current
A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through
surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
4.5.1.12 Additional Insurance Provisions.
(A)The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(B)If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by City will be promptly
reimbursed by Vendor or City will withhold amounts sufficient to pay premium from
Vendor payments. In the alternative, City may cancel this Agreement.
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(C)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.
4.5.1.13 Subvendor Insurance Requirements. Vendor shall not
allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subvendors.
4.5.2 Safety. Vendor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the
Vendor 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.
4.6 Responsibilities of City.
4.6.1 City Support of Vendor. City shall furnish to the Vendor
priority access to the System for the period of time reasonably required by the Vendor
for Installation, testing, training, diagnostics, etc. City shall provide the following
resources for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer
questions and advise Vendor on City's facilities, operations
and requirements.
(b) Input data in accordance with the agreed upon test and
Acceptance procedures for use by the Vendor in Acceptance
Testing.
(c) Conversion format and procedures that the Vendor shall
complete at its expense.
(d) Upon completion of Installation and preliminary training, and
following Final Acceptance, City shall be responsible for the
operation and management of the System, exclusive of
hardware maintenance and/or On-going Maintenance and
Support Services, which shall be the responsibility of
Vendor.
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4.7 Fees and Payments.
4.7.1 Compensation for Project Services. The Parties agree that the
payment schedule is a performance based payment schedule. Vendor shall receive
compensation, including authorized reimbursements, for all Project Services and
License Agreements rendered under this Agreement at the rates and in accordance
with the compensation schedule set forth in Exhibit “B” attached hereto and
incorporated herein by reference. The total compensation for Project Services shall not
exceed $121,055.05 without written approval of City’s Representative.
4.7.2 Compensation for On-going Maintenance and Support Services.
Vendor shall receive compensation, including authorized reimbursements, for all On-
going Maintenance and Support Services rendered under this Agreement at the rates
set forth in Exhibit “B”. Notwithstanding any other provision of this Agreement, the
Parties agree that payment for the first year of On-going Maintenance and Support
Services shall be covered under the warranty for the System, included as part of the
payment specified in Section 4.7.1 above, and no additional payment by the City shall
be made for such services.
4.7.3 Process for Payment of Compensation; Itemized Statements.
Vendor shall submit to City an itemized statement which indicates work completed and
hours of Services rendered by Vendor. The statement shall describe the nature and
amount of Services provided; and shall clearly reflect charges against the items
described in the “Compensation” set forth in Exhibit “B” since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the
date of the statement. Statements not in conformance with the foregoing, or statements
containing questions or ambiguities, shall be returned to the Vendor for correction. City
shall, within forty-five (45) days of receiving a statement in conformance with the
requirements contained herein, review the statement and process for payment all
approved and undisputed charges thereon.
4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all
of the Application Software elements and Services included in the Project Deliverables,
the City, at its sole option, may determine the value of the missing elements and
withhold that amount from any payment due to Vendor as represented by Exhibit “B”
and the agreed upon pricing of services. Alternatively, or in addition, as required to
cover the value of the missing elements, Vendor shall submit to the City a credit for said
amount and present it to the City, to be held as a “Project Bond” until the missing
elements have been satisfactorily delivered and Accepted. Upon Acceptance of the
missing elements, the City shall return the credit along with any withheld payment
amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements,
the City may use the credit and use the withheld monies to complete the outstanding
deliverables with its own forces, or through any other available vendor or consultant.
4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed
for any expenses unless included in Exhibit “B”, or authorized in writing and in advance
by City.
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4.7.6 Modification of Scope. The City may, at any time, request a
modification to the Project, or the Statement of Work for the Project Services or the On-
going Maintenance and Support Services by submitting written notice to Vendor
specifying the desired modifications with approval from the Vendor. Vendor shall
provide a written quote for the increased, changed or decreased Services. Vendor shall
suspend any Services following receipt of the City’s written request until final written
agreement is reached on the requested modification. The Parties shall then negotiate
in good faith any increased or decreased charges related to the requested modification.
No request for modification shall be effective until a final agreement between the Parties
has been reached, and either a written amendment to this Agreement, or a change
order is executed by both Parties. No oral request for modification of Services shall be
binding on either Party.
4.7.7 Discounts. Vendor shall identify applicable discounts and
discount time periods from published list prices for any future Application Software or
additional copies of purchased Application Software.
4.8 Accounting Records.
4.8.1 Maintenance and Inspection. Vendor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Vendor 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 at the City’s own expense. Vendor 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.
4.8.2 City shall maintain for a reasonable period of time, but not less
than three (3) years after expiration or termination of this Agreement, the systems,
books, and records necessary to accurately reflect compliance with software licenses
and the use thereof under this Agreement. Upon request, City shall permit Vendor and
its directors, officers, employees, and agents to have on-site access at City’s premises
(or remote access as the case may be) during normal business hours to such systems,
books, and records for the purpose of verifying such licensed use the performance of
such obligations and amounts. Customer shall render reasonable cooperation to
Vendor as requested. If as a result of any audit or inspection Vendor substantiates a
deficiency or non-compliance, City shall promptly reimburse Vendor for all its costs and
expenses incurred to conduct such audit or inspection and be required to pay for any
delinquencies in compliance with software licenses.
4.9 General Provisions.
4.9.1 Termination of Agreement.
4.9.1.1 Grounds for Termination. City may, by written notice to
Vendor, terminate the whole or any part of this Agreement at any time and without
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cause by giving written notice to Vendor of such termination, and specifying the
effective date thereof, at least thirty (30) days before the effective date of such
termination. Upon termination, Vendor shall be compensated only for those Services
which have been adequately rendered to City, and Vendor shall be entitled to no further
compensation. Vendor may not terminate this Agreement except for cause.
4.9.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Vendor to provide all finished or unfinished
Documents & Data, as defined herein, and other information of any kind prepared by
Vendor in connection with the performance of Services under this Agreement. Vendor
shall be required to provide such documents and other information within thirty (30)
days of the request.
4.9.1.3 Good Faith Negotiations. The Parties agree to send
written notice to the other Party of any Dispute (“Dispute Notice”). After the other Party
receives the Dispute Notice, the parties agree to undertake good faith negotiation
between themselves to resolve the Dispute. Each Party shall be responsible for its
associated travel costs. The parties agree to attend no fewer than three negotiation
sessions attended Vice Presidents of each Party (or employees of equivalent or
superior position).
4.9.1.4 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Vendor to provide all finished or unfinished
Documents & Data, as defined herein, and other information of any kind prepared by
Vendor in connection with the performance of Services under this Agreement. Vendor
shall be required to provide such documents and other information within thirty (30)
days of the request.
4.9.1.5 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.
4.9.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
City Vendor
City of San Bernardino CentralSquare
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
1000 Business Center Dr.
Lake Mary, FL 32746
Phone: 407-304-3235
email: info@CentralSquare .com
Attention: Senior Counsel / Contracts
Department
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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.
4.9.3 Ownership of Materials and Confidentiality.
4.9.3.1 Documents & Data; Licensing of Intellectual Property.
Excluding materials and data already owned by the Vendor prior to this Agreement, this
Agreement grants a non-exclusive, non-sublicenseable, and non-transferable license to
the City
4.9.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents & Data either created by or provided to
Vendor in connection with the performance of this Agreement shall be held confidential
by Vendor. Such materials shall not, without the prior written consent of City, be used
by Vendor for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of
the Services or the Project. Nothing furnished to Vendor which is otherwise known to
Vendor or is generally known, or has become known, to the related industry shall be
deemed confidential. Vendor shall not use City’s name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
4.9.3.3 Intellectual Property Indemnification.Vendor shall
defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and
agents against any and all claims against City based upon allegations that Vendor has
wrongfully utilized Intellectual Property of others in performing work pursuant to this
Agreement or that City has wrongfully used Intellectual Property developed by Vendor
pursuant to this Agreement.
4.9.4 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.
4.9.5 Attorney’s Fees. If either Party commences an action against
the other Party, either legal, administrative or otherwise, arising out of or in connection
with this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney’s fees and all other costs of such
action.
4.9.6 Indemnification.
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4.9.6.1 Vendor Indemnification. To the extent permitted by law,
Vendor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any
negligent acts or omissions or willful misconduct of Vendor, its officials, officers,
employees, agents, Vendors and contractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation
the payment of all damages and attorneys’ fees and other related costs and expenses.
Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Vendor shall pay and satisfy any such judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Vendor shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents or volunteers. However, the Vendor shall not be required to
indemnify the City for any claims or actions caused to the extent of the sole negligence
or wrongful act of the City, its employees, agents, or contractors. Notwithstanding
anything to the contrary in the foregoing, if a claim, lawsuit or liability results from or is
contributed to by the actions or omissions of the City, or its employees, agents or
contractors, the Vendor’s obligations under this provision shall be reduced to the extent
of such actions or omissions based upon the principle of comparative fault.
4.9.6.2 City Indemnification. City shall indemnify, defend, and
hold harmless Vendor from any and all claims, lawsuits or liability, including attorneys'
fees and costs, allegedly arising out of, in connection with, or incident to any loss,
damage or injury to persons or property or arising solely from a wrongful or negligent
act, error or omission of City, its employees, agents, contractors, or any subcontractor
as a result of City’s or any subcontractor’s performance pursuant to this Agreement;
however, City shall not be required to indemnify Vendor for any claims or actions
caused to the extent of the negligence or wrongful act of Vendor, its employees, agents,
or contractors. Notwithstanding anything to the contrary in the foregoing, if a claim,
lawsuit or liability results from or is contributed to by the actions or omissions of Vendor,
or its employees, agents or contractors, City’s obligations under this provision shall be
reduced to the extent of such actions or omissions based upon the principle of
comparative fault.
4.9.7 LIABILITY. NOTWITHSTANDING ANY PROVISION WITHIN
THIS AGREEMENT TO THE CONTRARY, AND REGARDLESS OF THE NUMBER OF
LOSSES, WHETHER IN CONTRACT, EQUITY, STATUTE, TORT, NEGLIGENCE, OR
OTHERWISE:
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4.9.7.1 NEITHER PARTY SHALL HAVE LIABILITY TO THE
OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR LOSSES OF
PROFIT, REVENUE, INCOME, BUSINESS, ANTICIPATED SAVINGS, DATA,
REPUTATION, AND MORE GENERALLY, ANY LOSSES OF AN ECONOMIC OR
FINANCIAL NATURE, REGARDLESS OF WHETHER SUCH LOSSES MAY BE
DEEMED AS CONSEQUENTIAL OR ARISING DIRECTLY AND NATURALLY FROM
THE INCIDENT GIVING RISE TO THE CLAIM, AND REGARDLESS OF WHETHER
SUCH LOSSES ARE FORESEEABLE OR WHETHER EITHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES; AND
4.9.7.2 EXCEPT AS TO VENDOR’S INDEMNIFICATION
OBLIGATIONS OUTLINED IN SECTION 4.9.6 OF THIS AGREEMENT, THE
VENDOR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT SHALL NOT EXCEED THE AMOUNT(S) ACTUALLY PAID BY THE
CITY TO THE VENDOR HEREUNDER FOR THE LAST TWELVE MONTHS.
4.9.8 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. If there are any conflicts in language in
referenced or related agreements, the language in this Agreement shall prevail.
Exhibits to this Agreement will include (if not provided for in the main Agreement) the
following:
Exhibit A – Statement of Work and Project Deliverables
Exhibit B – Compensation
Exhibit C – Project Plan
Exhibit D – CentralSquare Solutions Agreement
Exhibit E – Maintenance and Support Services
Exhibit F – Service Level Commitments
Exhibit G – CentralSquare Access Management Policy
4.9.9 Governing Law. This Agreement shall be governed by the laws
of the State of California. Venue shall be in San Bernardino County.
4.9.10 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
4.9.11 City’s Right to Employ Other Vendors. City reserves the right to
employ other Vendors in connection with this Project.
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4.9.12 Successors and Assigns. This Agreement shall be binding on
the successors and assigns of the Parties.
4.9.13 Assignment or Transfer. Vendor 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.
4.9.14 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 Vendor include all
personnel, employees, agents, and subcontractors of Vendor, except as otherwise
specified in this Agreement. All references to City include its elected 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.
4.9.15 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
4.9.16 Waiver. No waiver of any default shall constitute a waiver of
any other default or breach, whether of the same or other covenant or condition. No
waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give
the other Party any contractual rights by custom, estoppel, or otherwise.
4.9.17 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
4.9.18 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.
4.9.19 Prohibited Interests. Vendor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide agent of the
Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, officer or
employee of City, during the term of his or her service with City, shall have any direct
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interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
4.9.20 Equal Opportunity Employment. Vendor 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.
4.9.21 Authority to Enter Agreement. Vendor 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.
4.9.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
4.10 Subcontracting.
4.10.1 Prior Approval Required. Vendor 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.
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CENTRALSQUARE TECHNOLOGIES, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first written above.
CITY OF SAN BERNARDINO VENDOR
CENTRALSQUARE TECHNOLOGIES,
LLCAPPROVED BY:
Charles A. Montoya
City Manager Signature
Ron AndersonATTESTED BY:Name
Chief Sales OfficerGenoveva Rocha, CMC
City Clerk Title
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
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EXHIBIT “A”
STATEMENT OF WORK AND PROJECT DELIVERABLES
[ATTACHED]
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EXHIBIT A
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Summary of Services
Project: San Bernardino Police, CA, CrimeView Analytics, Q-143901
The parties mutually agree and acknowledge this Summary of Services is a high-level overview of the project requested,
not a detailed requirements or design of solution.
Project Scheduling
Parties agree a schedule will be provided for services within sixty (60) days from the execution of the above quote
number.
Change Requests
The parties may request a change to this summary of services, to increase hours or deliverables, through a written
request to the CentralSquare project manager or resource.
Professional Services
Throughout the course of the project, CentralSquare will use several types of services (defined herein) to complete the
necessary steps for successful deployment of the contracted services. The overall services aligned to implementation
include Project Management, Consulting Services, Technical Services, Data Conversion Services, Training Services, and in
some cases, Installation Services.
CentralSquare is not responsible for coordination, management, or covering the cost of any software, work,
customization, coding or testing that is required to be performed by any third-party vendors engaged in the context of
standard or custom interfaces, unless the work is defined under a Sub-Agreement with CentralSquare within the scope
of this Agreement.
Business Hours
All project services will be performed during normal business hours, defined as 8:00-5:00 PM Eastern Time. If Client
desires to perform the services outside of these hours, additional fees will apply.
CentralSquare Connectivity to On-Premise Systems
The BeyondTrust/Bomgar and/or SecureLink remote support solutions shall be the method of remote access to on-
premise customer systems and/or data. These solutions meet all requirements as contained in Section 5.5.6 of the FBI
CJIS Security Policy (Remote Access). Use of either of these solutions enable customer agencies to remain CJIS compliant
for purposes of FBI and/or state regulatory agency audits.
In addition to the above, the PSJ ProSuite application utilizes SSH connectivity to maintain a persistent connection to the
appliance/s. The 911 application utilizes Kaseya for application and/or support needs. These solutions are only utilized
for these specific applications in addition to Bomgar and/or SecureLink.
Services Scope of Project
The project includes the following scope of services:
Crimeview Analytics
Discovery call between Agency Personnel, Project Manager, Technical Services and Consultants.
Confidential and Proprietary
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Development of project plan and schedule.
Preparation:
•
•
Collection of GIS data and, where applicable, database connection details from client
As part of this project, a Server upgrade will occur. This upgrade is handled by the CentralSquare DevOps team
and will be coordinated with appropriate stakeholders.
Installation:
•Data extraction tool install
Configuration
•
•
•
•
•
•
•
Data extraction tool and cloud user account configuration
Extraction of code tables from source CAD, RMS, and/or other system(s)
Mapping of client code values to standard code categories
Configuration of SQL queries, ETL, and schedule for the data extraction tool
Testing of data extraction to the cloud. Review and revision as necessary
GIS data Load
Configuration of the CrimeView Analytics application: agency, code translations, field aliasing, GIS layers, map
layers, etc.
•
•
•
•
•
Application data import. Review and revision as necessary
Review of basic application and data presentation
Historical data load
Setup of client administrator users
Loading and updating standard dashboard templates
Training:
•
•
•
Provision of training videos
Analytics Administrator Training (4 hours)
Administrator Content Review and Q&A (up to 4 hours)
Iterative Testing, Review, and Consultation:
Starting after the first training session and completing after the final training session, the CentralSquare GIS/Analytics
Specialist will support client testing, make in-scope revisions to the data extraction and application configuration as
requested/needed, and provide consultation to the product administrators.
•
•
•
Support of client testing and review
Consultation on creation of client content to meet analytics needs
Revision of data extraction and application configuration
2 | Confidential and Proprietary MORE INFORMATION AT CENTRALSQUARE.COM
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EXHIBIT “B”
Quote #: Q-112229
COMPENSATION
WHAT SOFTWARE IS INCLUDED?
PRODUCT NAME QUANTITY UNIT PRICE TOTAL
1. CrimeView Analytics: Single Data Set (3
years data) Non-CST Sys. Subscription
2. CrimeView Analytics: Single Data Set (3
years data) Non-CST Sys. Subscription
3. CrimeView Analytics: Single Data Set (3
years data) Non-CST Sys. Subscription
4. CrimeView Analytics: Standard (3 years
data) Non-CST System Subscription
1 2,711.33 2,711.33
1
1
1
2,711.33
2,711.33
8,268.67
2,711.33
2,711.33
8,268.67
Software Total 16,402.66 USD
WHAT SERVICES ARE INCLUDED?
DESCRIPTION TOTAL
1. Public Safety GIS/Analytics Services - Fixed Fee 25,350.00
5,070.002. Public Safety Project Management Services - Fixed Fee
Services Total 30,420.00 USD
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EXHIBIT B
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QUOTE SUMMARY
Software Subtotal
Services Subtotal
16,402.66 USD
30,420.00 USD
Quote Subtotal 46,822.66 USD
Quote Total 46,822.66 USD
RECURRING FEES
_____
TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL
FIRST YEAR SUBSCRIPTION TOTAL
0.00
$16,402.66
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and
maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant
purchase agreement.
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EXHIBIT B
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Payment Schedule:
Implementation Services
30% Due on Effective Date
20% Due at Project Kickoff
15% Due at completion of 1st End User Training Session
30% Due at Go Live
5%Due at completion of Reliability Period
Payment Terms:
Subscriptions:
-If applicable, Annual Subscription Fees are due on the Delivery Date, and annually thereafter on the
anniversary of the Delivery Date.
-Annual Subscription Fees shall increase by 5% each year.
Licenses:
-If applicable, License Fees are due on the Delivery Date.
Support & Maintenance
-If applicable, Support & Maintenance Fees are due annually, starting prior to the first anniversary of the Delivery Date
and annually thereafter.
-
-
Annual Software Maintenance Fees shall increase by 5% each year.
If applicable, legacy support and maintenance shall be due until the Delivery Date of the applicable
replacement software. Any unused pre-paid support and maintenance shall be credited as a pro-rated
amount towards the next applicable subscription software invoice due under this Agreement, or future
invoice.
Invoice Terms:
CentralSquare shall provide an invoice for the items in the schedule above no less than thirty (30) days prior to the
due date.
ANCILLARY FEES
a. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice
Customer and Customer will pay to CentralSquare all such tax amounts.
b. If Customer fails to make any payment when due, then CentralSquare may charge interest on the
past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if
lower, the highest rate permitted under applicable law; and If such failure continues for 90 days
following written notice thereof, CentralSquare may suspend performance or access until past due
amounts have been paid.
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EXHIBIT B
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EXHIBIT “C”
PROJECT PLAN
[ATTACHED]
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EXHIBIT C
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Status: Thu 9/28/23
ID Task Name
ProjSch- San Bernardino Police, CA, CrimeView Analytics
Dur Start Finish Resource Names Predecessors Successors
M-1 M1 M2 M3
0
1
2
3
4
5
6
San Bernardino Police, CA DRAFT Project Schedule (estimation = 28 Business Days)
Start-Up Activities
27.75 days
2 days
0 days
1 day
0 days
Mon 1/1/24 Wed 2/7/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Tue 1/2/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Mon 1/1/24
Tue 1/2/24
Signed Contract Received
PM Assigned
Set Up Project Repository in Teams
Pull Velocity Checklist Based on Project Size - Save to Repository
Client Kickoff Meeting
Client,Sales
PMO Ops,Finance
CST PM
3
4,52
3
3
1/1 1/1
0 days
2 days
CST PM
CST PM,Client,Project Team 1/1 1/2
7
8
9
System Configuration / Training
CrimeView Analytics: Base Services
27.75 days
27.75 days
1 day
10 days
1 day
Mon 1/1/24 Wed 2/7/24
Mon 1/1/24 Wed 2/7/24
Analytics Kick-Off Meeting Mon 1/1/24
Tue 1/2/24
Mon 1/1/24
Mon 1/15/24
Client,GIS Specialist
Client,GIS Specialist
Client,GIS Specialist
GIS Specialist
10
11,14,23
12
1/1 1/1
1/210
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Analytics Collection of Prerequisites & Requirements Analysis
Analytics On-Premise Installation Meeting (ON-PREMISE SERVERS ONLY)
Analytics ETL Software Install
CrimeView Analytics: Standard (3 Years Data)
CrimeView Configuration Phase 1
9
10
11
1/15
Tue 1/16/24 Tue 1/16/24
Wed 1/17/24 Wed 1/17/24
1/16 1/16
1/17 1/171 day
12.75 days Tue 1/16/24 Thu 2/1/24
1 day
3 days
1 day
1 day
1 day
0.5 days
0.25 days
5 days
9 days
1 day
3 days
5 days
2 days
2 days
Tue 1/16/24 Tue 1/16/24
Wed 1/17/24 Fri 1/19/24
Mon 1/22/24 Mon 1/22/24
Tue 1/23/24 Tue 1/23/24
Wed 1/24/24 Wed 1/24/24
Thu 1/25/24 Thu 1/25/24
Thu 1/25/24 Thu 1/25/24
GIS Specialist
GIS Specialist
Client,GIS Specialist
Client
GIS Specialist
Client,GIS Specialist
GIS Specialist
Client
10
14
15
16
17
18
19
20
15,23
16,23
17
1/16 1/16
CrimeView Configuration Phase 2 1/17 1/19
Introductory Training for Designers/Consultation/Content Preparation
CrimeView Analytics Admin/Designer Training
Configuration Modifications & Consultation
CrimeViewAnalytics Train-the-Trainer Training
Final Configuration Modifications & Consultation
CrimeView Complete - TCR Approval
CrimeView Analytics: Informative (3 Years Data)
CrimeView Configuration Phase 1
1/22 1/22
1/23 1/23
1/24 1/24
1/25 1/25
1/25 1/25
18
19
20
21,23
Thu 1/25/24
Thu 1/25/24 Wed 2/7/24
Thu 1/25/24 Fri 1/26/24
Thu 2/1/24 1/25 2/1
GIS Specialist
GIS Specialist
Client
10,14,15,20
23
24,25
25
1/25 1/26
CrimeView Configuration Phase 2
CrimeView Complete - TCR Approval
Project Closeout
Fri 1/26/24 Wed 1/31/24
Wed 1/31/24 Wed 2/7/24
1/26
1/31
1/31
2/723,24
Fri 2/2/24 Mon 2/5/24
Close Out Project Fri 2/2/24 Mon 2/5/24 CST PM 2/2 2/5
<Project Manager Name>
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EXHIBIT “D”
SOFTWARE LICENSE AGREEMENT
CentralSquare Solutions Agreement
This CentralSquare Solutions Agreement (the "Agreement"), effective as of the latest date shown on the
signature block below (the "Effective Date"), is entered into between CentralSquare Technologies, LLC with its
principal place of business in Lake Mary, FL ("CentralSquare") and the City of San Bernardino, CA
("Customer"), together with CentralSquare, the "Parties", and each, a "Party".
WHEREAS, CentralSquare licenses and gives access to certain software applications (“Solutions”) to its
customers and also provides maintenance, support, migration, installation and other professional services; and
WHEREAS, Customer desires to license and/or gain access to certain Solutions and receive professional
services described herein, and CentralSquare desires to grant and provide Customer license and access to such
offerings as well as to support them with professional services, subject to the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the
signatures of their duly authorized representative below, the Parties intending to be legally bound, agree to all of
the following provisions and exhibits of this Agreement:
1. Solution: IQ
2. Intentionally Omitted.
3. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:
3.1."Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit,
notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature,
civil, criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.
3.2. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with, such Person.
3.3. "Authorized User" means Customer's employees, consultants, contractors, and agents who are
authorized by Customer to access and use the Solutions under the rights granted to Customer pursuant
to this Agreement, and for whom access to the Solutions has been purchased.
3.4. “Baseline” means the version of a Solution updated to the particular time in question through
CentralSquare’s warranty services and maintenance, but without any other modification whatsoever.
3.5. “Component System” means any one of the Solutions identified in Exhibit 1, including all copies of
Source Code, Object Code and all related specifications, Documentation, technical information, and all
corrections, modifications, additions, development work, improvements and enhancements to and all
Intellectual Property Rights for such Component System.
3.6. “Confidential Information” means the Software and Customizations in any embodiment, and either
party’s technical and business information relating to inventions or software, research and
development, future product specifications, engineering processes, costs, profit or margin information,
marketing and future business plans as well as any and all internal Customer and employee
information, and any information exchanged by the parties that is clearly marked with a confidential,
private or proprietary legend.
3.7. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded,
or otherwise received, directly or indirectly from Customer, an Authorized User or end-users by or
through the Solutions, provided the data is not personally identifiable and not identifiable to Customer.
3.8. “Custom Modification” means a change that CentralSquare has made at Customer’s request to any
Component System in accordance with a CentralSquare -generated specification, but without any other
changes whatsoever by any Person.
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3.9. "Customer Systems" means the Customer's information technology infrastructure, including
computers, software, hardware, databases, electronic systems (including database management
systems), and networks, whether operated by Customer or through the use of third-party services.
3.10.“Defect” means a material deviation between the Baseline Solution and its Documentation, for
which Defect Customer has given CentralSquare enough information to enable CentralSquare to
replicate the deviation on a computer configuration that is both comparable to the Customer Systems
and that is under CentralSquare’s control. Further, with regard to each Custom Modification, Defect
means a material deviation between the Custom Modification and the CentralSquare generated
specification and documentation for such Custom Modification, and for which Defect Customer has
given CentralSquare enough information to enable CentralSquare to replicate the deviation on a
computer configuration that is both comparable to the Customer Systems and that is under
CentralSquare’s control.
3.11.
3.12.
"Documentation" means any manuals, instructions, or other documents or materials that
CentralSquare provides or makes available to Customer in any form or medium and which describe the
functionality, components, features, or requirements of the Solutions, including any aspect of the
installation, configuration, integration, operation, use, support, or maintenance thereof.
“Enhancements” means general release (as opposed to custom) changes to a Baseline
Component System or Custom Modification which increase the functionality of the Baseline Component
System or Custom Modification in question.
3.13. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized
access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer,
software, firmware, hardware, system, or network; or (ii) any application or function of any of the
foregoing or the security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent
Customer or any Authorized User from accessing or using the Solutions as intended by this Agreement.
3.14. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied
for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark,
trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent
rights or forms of protection, in any part of the world.
3.15. “Maintenance” means optimization, error correction, modifications, and updates to CentralSquare
Systems to correct any known Defects and improve performance. Maintenance will be provided for
each Component System, the hours and details of which are described in Exhibit 2 (“Support
Standards”).
3.16. “New Releases” means new editions of a Baseline Component System or Custom Modification.
3.17. “Person” means an individual, corporation, partnership, joint venture, limited liability entity,
governmental authority, unincorporated organization, trust, association, or other entity.
3.18. "Personal Information" means any information that does or can identify a specific individual or by or
from which a specific individual may be identified, contacted, or located. Personal Information includes
all "nonpublic personal information" as defined under the Gramm-Leach-Bliley Act, "protected health
information" as defined under the Health and Insurance Portability and Accountability Act of 1996,
"Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal
Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and
regulations issued under any of the foregoing.
3.19. “Professional Services” means installation, implementation, development work, training or consulting
services including custom modification programming, support relating to custom modifications, on-site
support services, assistance with data transfers, system restarts and reinstallations provided by
CentralSquare.
3.20. “Representatives" means, with respect to a Party, that Party's employees, officers, directors, agents,
subcontractors, and legal advisors.
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3.21. "CentralSquare Personnel" means all individuals involved in the performance of Support Services and
Professional Services as employees, agents, Subcontractors or independent contractors of
CentralSquare.
3.22. "Solutions" means the Component Systems, Documentation, Custom Modifications, development
work, CentralSquare Systems and any and all other information, data, documents, materials, works,
and other content, devices, methods, processes, hardware, software, technologies and inventions,
including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided
or used by CentralSquare or any Subcontractor in connection with Professional Services or Support
Services rendered under this Agreement.
3.23. "CentralSquare Systems" means the information technology infrastructure used by or on behalf of
CentralSquare to deliver Solutions, including all computers, software, hardware, databases, electronic
systems (including database management systems), and networks, whether operated directly by
CentralSquare or through the use of third-party services.
3.24. “Support Services” means Maintenance, Enhancements, implementation of New Releases, and
general support efforts to respond to incidents reported by Customer in accordance with the detailed
Support Standards outlined in Exhibit 2.
3.25. "Third-Party Materials" means materials and information, in any form or medium, including any
software, documents, data, content, specifications, products, related services, equipment, or
components of or relating to the Solutions that are not proprietary to CentralSquare.
4. License, Access & Services and Audit.
4.1. License Grant. Subject to and conditioned on the payment of Fees and compliance with all other terms
and conditions of this Agreement, CentralSquare hereby grants to Customer a non-exclusive, non-
sublicenseable, and non-transferable license to the current version of the Solution(s) outlined in Exhibit
1 at the time of this Agreement’s execution.
4.2. Access and Scope of Use. Subject to and conditioned on Customer and their Authorized Users'
compliance with the terms and conditions of this Agreement, CentralSquare hereby grants Customer a
non-exclusive, non-transferable right to access and use the Solutions, solely by Authorized Users. Such
use is limited to Customer's internal use. CentralSquare shall deliver to Customer the initial copies of
the Solutions outlined in Exhibit 1 by (a) electronic delivery, by posting it on CentralSquare’s network for
downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a
disc or other suitable media transfer method. Physical shipment is on FOB- CentralSquare’s shipping
point, and electronic delivery is deemed effective at the time CentralSquare provides Customer with
access to download the Solutions. The date of such delivery shall be referred to as the “Delivery Date.”
4.3. Documentation License. CentralSquare hereby grants to Customer a non-exclusive, non-
sublicenseable, non-transferable license to use the Documentation during the Term solely for
Customer's internal business purposes in connection with its use of the Solutions.
4.4. Audit. Customer shall maintain for a reasonable period of time, but not less than three (3) years after
expiration or termination of this Agreement, the systems, books, and records necessary to accurately
reflect compliance with software licenses and the use thereof under this Agreement. Upon request,
Customer shall permit CentralSquare and its directors, officers, employees, and agents to have on-site
access at Customer’s premises (or remote access as the case may be) during normal business hours
to such systems, books, and records for the purpose of verifying such licensed use the performance of
such obligations and amounts. Customer shall render reasonable cooperation to CentralSquare as
requested. If as a result of any audit or inspection CentralSquare substantiates a deficiency or non-
compliance, Customer shall promptly reimburse CentralSquare for all its costs and expenses incurred
to conduct such audit or inspection and be required to pay for any delinquencies in compliance with
software licenses.
4.5. Service and System Control. Except as otherwise expressly provided in this Agreement:
4.5.1. CentralSquare has and will retain sole control over the operation, provision, maintenance, and
management of the Solutions; and
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4.5.2. Customer has and will retain sole control over the operation, maintenance, and management
of, and all access to and use of, the Customer Systems, and sole responsibility for access to
and use of the Solutions by any Person by or through the Customer Systems or other means
controlled by Customer or any Authorized User, including any reports or results obtained from
any use of the Solutions, and conclusions, decisions, or actions based on such use.
4.6. Limitations. Customer must provide CentralSquare with such facilities, equipment and support as are
reasonably necessary for CentralSquare to perform its obligations under this Agreement, including, if
required by CentralSquare, remote access to the Customer Systems. CentralSquare is not responsible
or liable for any delay or failure of performance caused in whole or in part by any Customer delay or
Customer’s failure to perform any obligations under this Agreement.
4.7. Exceptions. CentralSquare has no obligation to provide Support Services relating to any Defect with the
Solutions that, in whole or in part, arise out of or result from any of the following:
4.7.1. software, or media on which provided, that is modified or damaged by Customer or third-party;
4.7.2. any operation or use of, or other activity relating to, the Solutions other than as specified in the
Documentation, including any incorporation, or combination, operation or use of the Solutions
in or with, any technology (software, hardware, firmware, system, or network) or service not
specified for Customer's use in the Documentation;
4.7.3. any negligence, abuse, misapplication, or misuse of the Solution other than by CentralSquare
personnel, including any Customer use of the Solution other than as specified in the
Documentation or expressly authorized in writing by CentralSquare;
4.7.4. any Customer's failure to promptly install any New Releases that CentralSquare has previously
made available to Customer;
4.7.5. the operation of, or access to, Customer's or a third-party's system, materials or network;
4.7.6. any relocation of the Solution other than by CentralSquare personnel;
4.7.7. any beta software, software that CentralSquare makes available for testing or demonstration
purposes, temporary software modules, or software for which CentralSquare does not receive
a fee;
4.7.8. any breach of or noncompliance with any provision of this Agreement by Customer or any of its
Representatives or any Force Majeure Event (including abnormal physical or electrical stress).
4.8. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement
grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support
Services, Professional Services, Solutions, or Third-Party Materials, whether expressly, by implication,
estoppel, or otherwise. All right, title, and interest in the Solutions, and the Third-Party Materials are and
will remain with CentralSquare and the respective rights holders.
4.9. Changes. CentralSquare reserves the right, in its sole discretion, to make any changes to the Support
Services and Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or
delivery of CentralSquare's services to its customers, the competitive strength of or market for
CentralSquare's services, or the Support Services' cost efficiency or performance; or (b) to comply with
applicable law. Without limiting the foregoing, either Party may, at any time during the Term, request in
writing changes to particular Support Services, Professional Services or their product suite of Solutions.
The parties shall evaluate and, if agreed, implement all such requested changes. No requested
changes will be effective unless and until memorialized in either a CentralSquare issued Add-On Quote
signed by the Customer, or a written change order or amendment to this agreement signed by both
parties.
4.10. Subcontractors. CentralSquare may from time to time in its discretion engage third parties to perform
Professional Services or Support Services (each, a "Subcontractor").
4.11. Security Measures. The Solution may contain technological measures designed to prevent
unauthorized or illegal use of the Solution. Customer acknowledges and agrees that: (a) CentralSquare
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may use these and other lawful measures to verify compliance with the terms of this Agreement and
enforce CentralSquare’s rights, including all Intellectual Property Rights, in and to the Solution; (b)
CentralSquare may deny any individual access to and/or use of the Solution if CentralSquare , in its
reasonable discretion, believes that person’s use of the Solution would violate any provision of this
Agreement, regardless of whether Customer designated that person as an Authorized User; and (c)
CentralSquare may collect, maintain, process, use and disclose technical, diagnostic and related non-
identifiable data gathered periodically which may lead to improvements in the performance and security
of the Solutions.
5. Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Solutions
except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of
the foregoing, Customer shall not, except as this Agreement expressly permits:
5.1. copy, modify, or create derivative works or improvements of the Solutions, or rent, lease, lend, sell,
sublicense, assign, distribute, publish, transfer, or otherwise make available any Solutions to any
Person, including on or in connection with the internet or any time-sharing, service bureau, software as
a service, cloud, or other technology or service;
5.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain
access to the source code of the Solutions, in whole or in part;
5.3. bypass or breach any security device or protection used by Solutions or access or use the Solutions
other than by an Authorized User through the use of his or her own then valid access;
5.4. input, upload, transmit, or otherwise provide to or through the CentralSquare Systems, any information
or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
5.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
CentralSquare Systems, or CentralSquare's provision of services to any third-party, in whole or in part;
5.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or
disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights
notices from any Documentation or Solutions, including any copy thereof;
5.7. access or use the Solutions in any manner or for any purpose that infringes, misappropriates, or
otherwise violates any Intellectual Property Right or other right of any third-party, or that violates any
applicable law;
5.8. access or use the Solutions for purposes of competitive analysis of the Solutions, the development,
provision, or use of a competing software service or product or any other purpose that is to
CentralSquare's detriment or commercial disadvantage or otherwise access or use the Solutions
beyond the scope of the authorization granted under this Section.
6. Customer Obligations.
6.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain,
and operate in good repair all Customer Systems on or through which the Solutions are accessed or
used; (b) provide CentralSquare Personnel with such access to Customer's premises and Customer
Systems as is necessary for CentralSquare to perform the Support Services in accordance with the
Support Standards and Specifications; and (c) provide all cooperation as CentralSquare may
reasonably request to enable CentralSquare to exercise its rights and perform its obligations under and
in connection with this Agreement.
6.2. Effect of Customer Failure or Delay. CentralSquare is not responsible or liable for any delay or failure of
performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of
its obligations under this Agreement.
6.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity
prohibited by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take
all reasonable and lawful measures within their respective control that are necessary to stop the activity
or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and
preventing any unauthorized access to the Solutions and permanently erasing from their systems and
destroying any data to which any of them gained unauthorized access); and (b) notify CentralSquare of
any such actual or threatened activity.
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7. Professional Services.
7.1.Compliance with Customer Policies. While CentralSquare Personnel are performing services at
Customer's site, CentralSquare will ensure that such personnel comply with Customer’s reasonable
security procedures and site policies that are generally applicable to Customer’s other suppliers
providing similar services and that have been provided to CentralSquare in writing or in advance.
Customer shall promptly reimburse CentralSquare for any out-of-pocket costs incurred in complying
with such procedures and policies.
7.2.Contributed Material. In the process of CentralSquare’s performing Professional Services,
Customer may, from time to time, provide CentralSquare with designs, plans, or specifications,
improvements, works or other material for inclusion in, or making modifications to, the Solutions, the
Documentation or any other deliverables (“Contributed Material”). Customer grants to CentralSquare
a nonexclusive, irrevocable, perpetual, transferable right, without the payment of any royalties or other
compensation of any kind and without the right of attribution, for CentralSquare, CentralSquare’s
Affiliates and CentralSquare’s licensees to make, use, sell and create derivative works of the
Contributed Material.
8.Confidentiality.
9.1 Defined. Information that is conveyed orally shall be designated as confidential at the time of disclosure
and shall be reduced to writing within ten (10) business days. Notwithstanding any provision in this
Section 9, Customer specifically acknowledges that the Software, including without limitation the
database architecture and sequence and Documentation, comprise Confidential Information and know-
how that are the exclusive property of CentralSquare.
9.2 Nondisclosure. The parties agree, unless otherwise provided in this Agreement or required by law, not
to use or make each other's Confidential Information available to any third party for any purpose other
than as necessary to perform under this Agreement. The recipient shall protect the Confidential
Information from disclosure by using the same degree of care, but no less than a reasonable degree of
care, that it uses to protect its own confidential information of a like nature to prevent its unauthorized
use, dissemination or publication by its employees or agents. Customer further agrees that it will not
allow any form or variation of the Software to enter the public domain. Both parties acknowledge that
any breach of its obligations with respect to Confidential Information may cause the other irreparable
injury for which there are inadequate remedies at law and that the non-disclosing party shall be entitled
to equitable relief in addition to all other remedies available to it. Customer shall not disclose the results
of any performance or functionality tests of the Software to any third party without CentralSquare’s prior
written approval.
9.3 Exceptions. A party's Confidential Information shall not include information that: (a) is or becomes
publicly available through no act or omission of the recipient; (b) was in the recipient’s lawful
possession prior to the disclosure and was not obtained by the recipient either directly or indirectly from
the disclosing party; (c) is lawfully disclosed to the recipient by a third party without restriction on
recipient’s disclosure, and where recipient was not aware that the information was the confidential
information of discloser; (d) is independently developed by the recipient without violation of this
Agreement; or (e) is required to be disclosed by law.
9. Security.
9.1. CentralSquare will implement commercially reasonable administrative, technical and physical
safeguards designed to ensure the security and confidentiality of Customer Data, protect against any
anticipated threats or hazards to the security or integrity of Customer Data, and protect against
unauthorized access or use of Customer Data. CentralSquare will review and test such safeguards on
no less than an annual basis.
9.2. Customer shall maintain, in connection with the operation or use of the Solutions, adequate technical
and procedural access controls and system security requirements and devices, necessary for data
privacy, confidentiality, integrity, authorization, authentication and non-repudiation and virus detection
and eradication.
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9.3. To the extent that Authorized Users are permitted to have access to the Solutions, Customer shall
maintain agreements with such Authorized Users that adequately protect the confidentiality and
Intellectual Property Rights of CentralSquare in the Solutions and Documentation, and disclaim any
liability or responsibility of CentralSquare with respect to such Authorized Users.
10. Personal Data. If CentralSquare processes or otherwise has access to any personal data or personal
information on Customer’s behalf when performing CentralSquare’s obligations under this Agreement, then:
10.1. Customer shall be the data controller (where “data controller” means an entity which alone or jointly
with others determines purposes for which and the manner in which any personal data are, or are to be,
processed) and CentralSquare shall be a data processor (where “data processor” means an entity
which processes the data only on behalf of the data controller and not for any purposes of its own);
10.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the
relevant personal data or personal information to CentralSquare so that CentralSquare may lawfully
use, process and transfer the personal data and personal information in accordance with this
Agreement on Customer’s behalf, which may include CentralSquare processing and transferring the
relevant personal data or personal information outside the country where Customer and the Authorized
Users are located in order for CentralSquare to provide the Solutions and perform its other obligations
under this Agreement; and
10.3. CentralSquare shall process personal data and information only in accordance with lawful and
reasonable written instructions given by Customer and as set out in and in accordance with the terms of
this Agreement; and
10.4. each Party shall take appropriate technical and organizational measures against unauthorized or
unlawful processing of the personal data and personal information or its accidental loss, destruction or
damage so that, having regard to the state of technological development and the cost of implementing
any measures, the measures taken ensure a level of security appropriate to the harm that might result
from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to
the personal data and personal information and the nature of the personal data and personal
information being protected. If necessary, the parties will cooperate to document these measures
taken.
11. Representations and Warranties.
11.1.LIMITED WARRANTY. CentralSquare warrants that it owns or otherwise has the rights in the
Software and has the right to license the Software as described in this Agreement. CentralSquare
further warrants and represents that the CentralSquare Software does not contain any “back door”,
“time bomb”, “Trojan horse”, “worm”, “drop dead device” or other program routine or hardware device
inserted and intended by CentralSquare to provide a means of unauthorized access to, or a means of
disabling or erasing any computer program or data, or otherwise disabling the CentralSquare Software.
Nothing herein shall be deemed to constitute a warranty against viruses. The provisions of section and
its subsections below, shall constitute the agreement of the Parties with respect to viruses. Customer’s
sole remedy with respect to the foregoing warranty shall be to receive an Update to the CentralSquare
Software that does not contain any of the above-described routines or devices.
11.2. DISCLAIMER OF WARRANTY. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH
ABOVE, CENTRALSQUARE MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR
IMPLIED, WITH REGARD TO THE SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT
SERVICES, AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT
CENTRALSQUARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHER, INCLUDING ALL WARRANTIES ARISING FROM COURSE OF
DEALING, USAGE OR TRADE PRACTICE, AND SPECIFICALLY DISCLAIMS IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. FURTHER, CENTRALSQUARE EXPRESSLY DOES NOT WARRANT THAT
A SOLUTION, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY
CUSTOMER IF THE SOLUTION OR CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE
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OTHER THAN CENTRALSQUARE PERSONNEL, OR WILL BE ERROR FREE, WILL OPERATE
WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE
TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION. ALL THIRD-PARTY
MATERIALS ARE PROVIDED “AS-IS” AND ANY REPRESENTATION OR WARANTY OF OR
CONCERNING ANY OF THEM IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY
OWNER. THIS AGREEMENT DOES NOT AMEND, OR MODIFY CENTRALSQUARE’S WARRANTY
UNDER ANY AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.
12. Intentionally Omitted. .
13. Force Majeure. Neither Party shall be responsible for failure to fulfill its obligations hereunder or liable for
damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection, natural
disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant,
unavailability of Equipment, software, or services from suppliers, default of a subcontractor or vendor to the
Party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the
acts or omissions of the other Party, or its officers, directors, employees, agents, contractors, or elected
officials, and/or other occurrences beyond the Party’s reasonable control (“Excusable Delay” hereunder). In
the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise
reasonably necessary to compensate for such delay.
14. Intentionally Omitted .
15. Intentionally Omitted. :
16. Intentionally Omitted.
17. Intentionally Omitted. .
18. Intentionally Omitted.
19. INTENTIONALLY OMITTED
20. Third-Party Materials. CentralSquare may from time to time, in its discretion engage third parties to perform
services, provide software, or provide equipment. Customer acknowledges and agrees CentralSquare
provides front-line support services for third parties, but these third parties assume all responsibility and
liability in connection with the third-party software, equipment, or related services. CentralSquare is not
authorized to make any representations or warranties that are binding upon the third-party or to engage in any
other acts that are binding upon the third-party, excepting specifically that CentralSquare is authorized to
represent third-party fees in the Agreement and to accept payment of such amounts from Customer on behalf
of the third-party for as long as such third-party authorizes CentralSquare to do so. As a condition precedent
to installing or accessing any third-party Materials, Customer may be required to execute a click-through,
shrink-wrap End User License Agreement (EULA) or similar agreement provided by the Third-Party Materials
provider. All third-party materials are provided “as-is” and any representation or warranty concerning them is
strictly between Customer and the third-party.
21. Intentionally Omitted.
22. Intentionally Omitted. .
23. Intentionally Omitted.).
24. Material Adverse Change. If any Law, Regulatory Approval, applicable standard, process, OEM
requirement is changed or comes into force after the Effective Date, including but not limited to PCI standards
(collectively, a “Material Adverse Change”), which is not explicitly addressed within this Agreement and
results in significant extra costs for either Party in relation to the performance of this Agreement, both Parties
shall promptly meet, discuss in good faith, and agree upon reducing the technical, operational, and/or
commercial impact of such Material Adverse Change.
25.Cooperative Purchases. This Contract may be used by other government agencies.
CentralSquare has agreed to offer similar services to other agencies under the same terms and conditions as
stated herein except that the compensation may be negotiated between CentralSquare and other agencies
based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The
Customer will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any
other aspect of purchases by such agencies.
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EXHIBIT “E”
Maintenance & Support
This Maintenance & Support Exhibit describes support and maintenance relating to technical support that
CentralSquare will provide to Customer during the Term of the Agreement.
1. Product Updates and Releases
1.1. Software Version. “Software Version” means the base or core version of the Software that contains
significant new features and significant fixes and is available to the Customer. Software Versions may occur
as the Software architecture changes or as new technologies are developed. The nomenclature used for
updates and upgrades consists of major, minor, build, and fix and these correspond to the following digit
locations of a release, a,b,c,d. An example of which would be 7.4.1.3, where the 7 refers to the major
release, the 4 refers to the minor release, the 1 refers to the build, and the 3 refers to a fix. All Software
Versions are provided and included as part of this Agreement.
1.2. Updates. From time to time CentralSquare may develop permanent fixes or solutions to known problems or
bugs in the Software and incorporate them in a formal “Update” to the Software. If Customer is receiving
technical support from CentralSquare on the general release date for an Update, CentralSquare will provide
the Customer with the Update and related Documentation at no extra charge. Updates for custom
configurations will be agreed upon by the Parties and outlined in a Statement of Work or Change Order.
1.3. Releases. Customer shall agree to install and/or use any New or Major Release within one year of being
made available by CentralSquare to avoid or mitigate a performance problem, ineligibility for Support and
Maintenance Services or infringement claim. All modifications, revisions and updates to the Software shall be
furnished by means of new Releases of the Software and shall be accompanied by updates to the
Documentation whenever CentralSquare determines, in its sole discretion, that such updates are necessary.
2. Support
2.1. CentralSquare shall provide to Customer support via toll-free phone number 833-278-7877 or via the
CentralSquare Support Portal. CentralSquare shall provide to Customer, commercially reasonable efforts in
solving errors reported by the Customer as well as making available an online support portal. Customer shall
provide to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to
substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error.
Should either Party not be able to locate the error root cause and Customer and CentralSquare agree that on-
site services are necessary to diagnose or resolve the problem CentralSquare shall provide a travel estimate
and estimated hours in order to diagnose the reported error.
2.2. If after traveling onsite to diagnose a reported error and such reported error did not, in fact, exist or was not
attributable to a defect in the Software provided by CentralSquare or an act or omission of CentralSquare, then
Customer shall pay for CentralSquare's investigation, travel, and related services in accordance with provided
estimate. Customer must provide CentralSquare with such facilities, equipment and support as are
reasonably necessary for CentralSquare to perform its obligations under this Exhibit, including remote access
in accordance with the Remote Access Policy.
3. Online Support Portal
Online support is available via https://support.centralsquare.com/s/contact-us, offering Customer the ability to
resolve its own problems with access to CentralSquare’s most current information. Customer will need to enter its
designated username and password to gain access to the technical support areas on CentralSquare’s website.
CentralSquare’s technical support areas allow Customer to: (i) search an up-to-date knowledge base of technical
support information, technical tips, and featured functions; and (ii) access answers to frequently asked questions
(FAQ).
4. Exclusions from Technical Support Services
CentralSquare shall have no support obligations to provide Support or Maintenance for Solutions that are not kept
current to one version prior to the then current version of the Solution. CentralSquare shall have no support
obligations with respect to any third-party hardware or software product not licensed or sold to Customer by
CentralSquare (“Nonqualified Product”). Customer shall be solely responsible for the compatibility and functioning
of Nonqualified Products with the Software.
5. Customer Responsibilities
In connection with CentralSquare’s provision of technical support as described herein, Customer
acknowledges that Customer has the responsibility to do each of the following:
5.1 Provide hardware, operating system and browser software that meets technical
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specifications, as well as a fast, stable, high-speed connection and remote connectivity for accessing
the Solution.
5.2
5.3
Maintain any applicable computer system and associated peripheral equipment in good
working order in accordance with the manufacturers’ specifications, and ensure that any problems
reported to CentralSquare are not due to hardware malfunction;
For CentralSquare Solutions that are implemented on Customer Systems, maintain the
designated operating system at the latest code revision level reasonably deemed necessary by
CentralSquare for proper operation of the Software;
5.4
5.5
5.6
5.7
Supply CentralSquare with access to and use of all information and facilities reasonably
determined to be necessary by CentralSquare to render the technical support described herein;
Perform any test or procedures reasonably recommended by CentralSquare for the
purpose of identifying and/or resolving any problems;
At all times follow routine operator procedures as specified in the Documentation or any
error correction guidelines of CentralSquare posted on the CentralSquare website;
Customer shall remain solely responsible at all times for the safeguarding of Customer’s
proprietary, confidential, and classified information contained within Customer Systems; and
5.8 Reasonably ensure that the Customer Systems are isolated and free from viruses and
malicious code that could cause harm before requesting or receiving remotesupport assistance.
6. Priorities and Support Response Matrix
The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-
covered causes - such as hardware, network, and third-party products - are not included in this priority matrix and
are outside the scope of this Exhibit. CentralSquare will make commercially reasonable efforts to respond to
Software incidents for live remote based production systems using the following guidelines:
Priority Issue Definition Response Time
Priority 1 –
Urgent
The software is completely down and will not Priority 1 issues must be called in via 833-278-7877
launch or function.and will be immediately answered and managed by
the first available representative.
Priority 2 –
Critical
A high-impact problem that disrupts the Priority 2 issues must be called in via 833-278-7877
customer’s operation but there is capacity to and will be immediately answered and managed by
remain productive and maintain necessary the first available representative.
operations.
Priority 3 –
Non-Critical
A Software Error related to a user function which Priority 3 issues called in via 833-278-7877 will be
does not negatively impact the User from the use immediately answered and managed by the first
of the system. This includes system administrator available representative.
functions or restriction of user workflow but does
not significantly impact their job function.Non-Critical Priority 3 issues may also be reported via
Https://support.centralsquare.com/s/contact-us
Priority 4 –
Minor
Cosmetic or documentation errors, including Priority 4 issues called in via 833-278-7877 will be
Customer technical questions or usability immediately answered and managed by the first
questions.available representative.
Minor Priority 4 issues may also be reported via
Https://support.centralsquare.com/s/contact-us
7. Exceptions. CentralSquare shall not be responsible for failure to carry
out its Support and Maintenance obligations under this Exhibit if the
failure is caused by adverse impact due to:
7.1. defectiveness of the Customer’s Systems (including but not limited to environment, hardware or ancillary
systems), or due to Customer corrupt, incomplete, or inaccurate data reported to the Solution, or
documented defect.
7.2. denial of reasonable access to Customer’s System or premises preventing CentralSquare from addressing
the issue.
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7.3. material changes made to the usage of the Solution by Customer where CentralSquare has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Solution.
7.4. a Force Majeure event (as outlined in Section 12), or the negligence, intentional acts, or omissions of
Customer or its agents.
8. Incident Resolution. Actual response times and resolutions may vary
due to issue complexity and priority. For critical impact level and above,
CentralSquare provides a continuous resolution effort until the issue is
resolved. CentralSquare will make commercially reasonable efforts to
resolve Software incidents for live remote based production systems
using the following guidelines:
Priority Resolution
Process
Resolution Time
Priority 1 – Urgent CentralSquare will provide a
procedural or configuration
workaround or a code correction
that allows the Customer to
resume live operations on the
production System.
CentralSquare will work continuously to provide the
Customer with a solution that allows the Customer to
resume live operations on the production system.
CentralSquare will either resolve the issue or provide a
resolution plan as soon as possible and not later than
twenty-four (24) hours after notification.
Priority 2 –
Critical
CentralSquare will provide a
procedural or configuration
workaround or a code correction
that allows the Customer to
CentralSquare will work continuously to provide the
Customer with a solution that allows the Customer to
resume normal operations on the production System.
resume normal operations on the CentralSquare will either resolve the issue or provide a
production System.resolution plan as soon as possible and not later than thirty-
six (36) hours after notification.
Priority 3 – Non –
Critical
CentralSquare will provide a
procedural or configuration
workaround that allows the
CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code
correction within a timeframe that takes into consideration
Customer to resolve the problem. the impact of the issue on the Customer and
CentralSquare’s User base. Priority 3 issues have priority
scheduling in a subsequent release.
Priority 4 – Minor If CentralSquare determines
that a reported Minor Priority
error requires a code
correction, such issues will be
addressed in a subsequent
release when applicable.
CentralSquare will work to provide the Customer with a
resolution which may include a workaround or code
correction in a future release of the software. Priority 4
issues have no defined resolution time.
9. Non-Production Environments. CentralSquare will make commercially reasonable efforts to provide fixes to non-
production environment(s). Non-production environments are not included under the response or resolution tables
provided in this Exhibit.
9.1. Maintenance. All non-production environment resolution processes will follow the structure and schedules
outlined above for production environments.
9.2. Incidents and service requests. Non-production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled subordinate to production environment service
requests.
10. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Software.
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11. Development Work. Software support and maintenance does not include development work either (i) on software
not licensed from CentralSquare or (ii) development work for enhancements or features that are outside the
documented functionality of the Software, except such work as may be specifically purchased and outlined in the
Agreement. CentralSquare retains all intellectual property rights in development work performed and Customer may
request consulting and development work from CentralSquare as a separate billable service.
12. Technology Life Expectancy. Customer understands, acknowledges and agrees that the technology upon which
the Hardware, Solution and Third-Party Software is based changes rapidly. Customer further acknowledges that
CentralSquare will continue to improve the functionality and features of the Solution to improve legal compliance,
accuracy, functionality and usability. As a result, CentralSquare does not represent or warrant that the Hardware,
Solution and/or Third-Party Software provided to Customer under this Agreement or that the Customer Systems
recommended by CentralSquare will function for an indefinite period of time. Rather, CentralSquare and Customer
may, from time to time, analyze the functionality of the Hardware, Solution, Third-Party Software and Customer
Systems in response to changes to determine whether Customer must upgrade the same. Customer upgrades may
include without limitation, the installation of a new Release, additional disk storage and memory, and workstation
and/or server upgrades. Customer upgrades may also include the installation and/or removal of Third-Party
Software. Customer is solely responsible for all costs associated with future resources and upgrades.
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EXHIBIT F
SERVICE LEVEL COMMITMENTS
Support Standards (CLOUD)
13. CentralSquare Cloud Security Program
13.1.
13.2.
13.3.
Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny-by-default access control lists, and Multi-Factor
authentication required for System Administration. Business continuity is prioritized via daily
encrypted backup stored offsite, virtual tape backup technology to counter loss of physical media,
and full replication to disaster recovery site, with redundancy an availability through multiple carriers.
Security & Monitoring. SSL and IPSEC VPN with 256 bit
encryption, web application firewalls, multi-layered infrastructure model with recorded internal and
external CCTV, card access control, best of breed HVAC/fire suppression/physical security, and
backed by 24-7 x 365 monitoring by a staffed operations facility for: Intrusion detection & prevention,
DDOS mitigation, and automated network incident creation and escalation.
Testing, Audits & Compliance. third-party internal,
external, perimeter vulnerability and penetration testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers. Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit, SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and Control Self-Assessment Audit.
14. Service Level Commitments
14.1.
14.2.
14.3.
Target. In each Service Period, the target for availability of the Solutions is 99.9% (“Availability
Target”). “Service Period” means 24 hours per day Monday through Sunday each calendar month
that Customer receives the Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern
Time for scheduled maintenance. During this time, Customers may experience intermittent
interruptions. CentralSquare will make commercially reasonable efforts to minimize the frequency
and duration of these interruptions and CentralSquare will notify the Customer if the entire
maintenance window will be required.
Support Terms. Beginning on the Execution Date and continuing for twelve (12) months
thereafter (“Initial Support Term”), CentralSquare shall provide the ongoing Support Services
described herein for the corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial
Support Term, ongoing Support Services shall automatically renew, with customer paying for
additional annual support periods, each a (“Renewal Support Term”). This renewal will continue
until termination of this Agreement provided that, CentralSquare shall not give notice of termination if
it would be effective prior to a period equal to two times the Agreement’s Initial Term.
Measurement. Service availability is measured as the total time that the Solutions are available
during each Service Period for access by Customer (“Service Availability”). Service Availability
measurement shall be applied to the production environment, and the points of measurement for all
monitoring shall be the servers and the Internet connections at CentralSquare’s hosted environment.
CentralSquare has technology monitoring, measuring, and recording Service Availability. The
Customer, at their discretion, may also employ monitoring tools, not to override CentralSquare’s
measurements for the purposes of calculating Service Availability. Additionally, the use must be:
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14.3.1.1.
14.3.1.2.
14.3.1.3.
mutually agreed upon by CentralSquare and the Customer.
paid, installed and maintained by the Customer.
non-invasive and may not reside on CentralSquare’s systems.
14.4.Calculation. Service Availability for a given month shall be calculated using the following calculation:
14.4.1. The total number of minutes which the service was NOT available in a given month shall
be subtracted from the total number of minutes available in the given month. The resulting
figure is divided by the total number of minutes available in the given month.
14.4.2.Service Availability Targets are subject to change due to the variance of the number of
days in a month.
14.4.3. The total number of minutes which the service was NOT available in a given month shall
exclude minutes associated with scheduled or emergency maintenance.
14.5.Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a
credit calculated as follows:
Service Availability in the relevant
Service Period
Less than 99.9% but greater than or equal to 99.0%
Percentage Reduction in Monthly Fee for
the Subsequent Service Period
5%
Less than 99.0% but greater than or equal to 95.0%
Less than 95%
10%
20%
14.6. If not directly reported by CentralSquare, Credit entitlement must be requested by the Customer
within sixty (60) days of the failed Target. Customer shall not be entitled to offset any monthly Solutions
fee payments, nor withhold fee payments, on account of a pending credit. Customer shall not be
eligible for credits for any period where Customer is more than thirty (30) days past due on their
account. CentralSquare will provide reporting, showing performance and service levels.
15. Server Performance & Capacity.
15.1. CentralSquare shall provide sufficient server capacity for the duration of this hosting Agreement to
meet the reasonable performance requirements for the number of concurrent system users provided
for in this Agreement. If the Customer requests, at some later date, to add additional Solutions,
increase user licenses, increase storage or processing requirements, and/or request additional
environments, these requests will be evaluated and if additional resources are required to support
modifications, additional fees may apply.
15.2. “In-network” is defined as any point between which the data packet enters the CentralSquare
environment and subsequently departs the CentralSquare environment. Any point of communications
outside of the CentralSquare protected network environment shall be deemed as “out-of-network.”
CentralSquare is not responsible for Internet connectivity and/or performance out-of-network.
16. System Maintenance.
16.1. Solutions maintenance and upgrades. CentralSquare will provide all hosted systems and network
maintenance as deemed appropriate and necessary by CentralSquare. Maintenance and upgrades will
be scheduled in advance with the Customer’s primary contact if they fall outside of the designated
hours set aside for this function of Sundays from 12:00AM to 12:00 PM.
16.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed
outside of the Customer’s standard business hours of operation and the Customer will be notified prior
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to the upgrade.
16.3. Emergency maintenance. Emergency situations will be handled on a case-by-case basis in such a
manner as to cause the least possible disruption to overall system operations and availability without
negatively affecting system stability and integrity. CentralSquare will attempt to notify the Customer
promptly, however if no contact can be made, CentralSquare management may deem it necessary to
move forward with the emergency maintenance.
17. Incident Response. Incidents are defined as interruptions to existing
service and can range in priority from urgent to low depending on the
impact to the Customer. CentralSquare will make commercially
reasonable efforts to respond to Solutions incidents for live production
systems using the following guidelines:
Impact Description Performance Target Minimum
Performance
Goal %
Priority
Level
1
2
3
4
Urgent An Incident that results in loss of Customer CentralSquare will
connectivity to all of the Solutions or results respond within 1 hour
95%
95%
95%
95%
in loss, corruption or damage to
Customer’s Data.
of the issue being
reported.
Critical
Non-Critical
Minor
An Incident that has an adverse material CentralSquare will
impact on the performance of the Solutions respond within 2 hours
or materially restricts Customer’s day-to-
day operations.
of the issue being
reported.
An Incident that does not result in a failure
of the Solutions but a fault exists that
restricts the Customer’s use of the
Solutions.
CentralSquare will
respond within 4 hours
of the issue being
reported.
An Incident that does not affect or which
has minimal adverse impact on the use of
the Solutions.
CentralSquare will
respond within 24
hours of the issue
being reported.
17.1. Measurement. CentralSquare shall track and report on response and resolution time for application
and hosting support issues identified by the Customer.
18. Disaster Recovery. CentralSquare provides disaster recovery
services for Solutions. The costs for these disaster recovery services
are included in the monthly fees. In the event that a disaster renders
the Customer’s data center is inaccessible or rendered non-functional,
CentralSquare will provide the ability to connect to the appropriate
data center using software provided by CentralSquare. This will allow
the Customer to connect to their systems from a remote site to the
previously identified critical functions, however functionality may be
diminished due to lack of access to hardware and/or software located
in the Customer’s facilities.
19. Exceptions. CentralSquare shall not be responsible for failure to carry
out its service and maintenance obligations under this Agreement if
the failure is caused by adverse impact due to:
19.1. defectiveness of the Customer’s environment, Customer’s systems, or due to Customer corrupt,
incomplete, or inaccurate data reported to the Solutions, or documented Defect.
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19.2. denial of reasonable access to Customer’s system or premises preventing CentralSquare from
addressing the issue.
19.3. material changes made to the usage of the Solutions by Customer where CentralSquare has not
agreed to such changes in advance and in writing or the modification or alteration, in any way, by
Customer or its subcontractors, of communications links necessary to the proper performance of the
Solutions.
19.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents.
20. Incident Resolution. Actual response times and resolutions may vary
due to issue complexity and priority. For critical impact level and
above, CentralSquare provides a continuous resolution effort until the
issue is resolved.
21. Service Requests. Service requests are new requests that will take
less than 8 hours to accomplish. For new requests that require
additional time, CentralSquare will prioritize these requests, and
determine if extra time is needed to order equipment or software.
22. Non-Production Environments.CentralSquare will make
commercially reasonable efforts to provide non-production
environment(s) during Customer business hours. Non-production
environments are not included under the metrics or service credit
schedules discussed in this Exhibit.
22.1.Maintenance. All forms of maintenance to be performed on non-production environments will follow the
exact structure and schedules outlined above in Section 3 for regular System Maintenance.
22.2.Incidents and service requests. Non-production environment incidents are considered priority 3 or 4,
dictated by circumstances and will be prioritized and scheduled similar to production service requests.
23. Virtual Private Network (VPN) Concentrator. If Customer’s desired
system configuration requires the use of a VPN concentrator, including
router, this will be provided by CentralSquare. It will reside at
Customer’s location but is, and shall remain the property of
CentralSquare.
24. Customer Cooperation. Customer may be asked to perform problem
determination activities as suggested by CentralSquare. Problem
determination activities may include capturing error messages,
documenting steps taken and collecting configuration information.
Customer may also be requested to perform resolution activities
including, for example, modification of processes. Customer agrees to
cooperate with such requests, if reasonable.
25. Training. Outside the scope of training services purchased, if any,
Customer is responsible for the training and organization of its staff in
the operation of the Solutions.
26. Development Work. The Support Standards do not include
development work either (i) on software not licensed from
CentralSquare or (ii) development work for enhancements or features
that are outside the documented functionality of the Solutions, except
such work as may be specifically purchased and outlined in Exhibit 1.
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CentralSquare retains all Intellectual Property Rights in development
work performed and Customer may request consulting and
development work from CentralSquare as a separate billable service.
27. Telephone Support & Support Portal
27.1.Hours. CentralSquare shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M.
Customer’s Local Time within the continental United States, excluding holidays (“5x9”). CentralSquare
shall provide to Customer, during the Support Hours, commercially reasonable efforts in solving errors
reported by the Customer as well as making available an online support portal. Customer shall provide
to CentralSquare reasonably detailed documentation and explanation, together with underlying data, to
substantiate errors and to assist CentralSquare in its efforts to diagnose, reproduce and correct the error.
This support shall be provided by CentralSquare at Customer location(s) if and when CentralSquare and
Customer agree that on-site services are necessary to diagnose or resolve the problem. If a reported
error did not, in fact, exist or was not attributable to a defect in the Solutions or an act or omission of
CentralSquare, then Customer shall pay for CentralSquare's investigation and related services at
CentralSquare’s standard professional services rates. Customer must provide CentralSquare with such
facilities, equipment and support as are reasonably necessary for CentralSquare to perform its
obligations under this Agreement, including remote access to the Specified Configuration.
27.2.Releases. Customer shall promptly install and/or use any Release provided by CentralSquare to avoid
or mitigate a performance problem or infringement claim. All modifications, revisions and updates to
the Solutions shall be furnished by means of new Releases of the Solutions and shall be accompanied
by updates to the Documentation whenever CentralSquare determines, in its sole discretion, that such
updates are necessary.
27.3.Case Number. Measured from the moment a Case number is created. As used herein a “Case
number” is created when a) a CentralSquare support representative has been directly contacted by
Customer either by phone, in person, or through CentralSquare’s online support portal, and b) when
CentralSquare’s support representative assigns a case number and conveys that case number to the
Customer.
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EXHIBIT G
CentralSquare Access Management Policy
In order to provide secure, federally compliant connections to agency systems CentralSquare Technologies
(“CentralSquare”) requires BeyondTrust or SecureLink as the only approved methodology of connection.
BeyondTrust and Securelink provide the necessary remote access in order to service and maintain CentralSquare
products while adhering to the Federal Bureau of Investigations Criminal Justice Information Services requirements.
Both solutions utilize two-factor authentication Federal Information Processing Standard Publication (“FIPS”) 140-2
validated cryptographic modules and AES encryption in 256-bit strengths.
BeyondTrust and Securelink are addressed in turn via this Access Management Policy; Customers may
choose which remote privileged access management solution will be utilized by CentralSquare.
BeyondTrust
The BeyondTrust remote support solution may be utilized via escorted session or a jump Customer. As for
an escorted session, when an agency needs assistance from CentralSquare, the agency employee requesting
assistance will receive verbal or email communication with a session key necessary to enable remote access. If a
verbal key is provided, the user enters the session key after visiting https://securesupport.centralsquare.com.
Jump Customers are a Windows service that can be stopped/started to facilitate a support
session. Connections made via jump Customer can be active or passive. An active jump Customer is always
available. A passive connection is enabled for a specific purpose and then disabled when not used. Regardless of
the option selected, CentralSquare’s support team will arrange a BeyondTrust session to establish the jump
Customer.
The jump Customer resides on the agency side on the installed device, where an agency administrator can
manage. Instructions on how to enable/disable jump Customers can be provided upon request. A sample workflow of
a passive jump Customer is provided below:
Should an agency require support from CentralSquare, a call would be placed
and/or a support ticket opened in the portal on the CentralSquare customer
support website. Before accessing the agency’s system and/or environment, the
CentralSquare representative would send a notice of connection from the
CentralSquare support portal instance. This notice can be sent to the individual at
the agency that the CentralSquare representative is working with or other
designated contacts as necessary. Upon receipt of the notice of connection, the
agency personnel would enable the BeyondTrust jump Customer. The
CentralSquare representative would then be admitted to the agency’s system
and/or environment to perform the necessary task. Upon completion of the task,
the CentralSquare representative sends a notice of disconnection from the
CentralSquare support portal instance. Upon receipt of the notice of
disconnection, the agency personnel would then disable the BeyondTrust jump
Customer.
Securelink
Similar to BeyondTrust’s escorted session, Securelink may be utilized via “quick connect”. To enable a quick
connect session when an agency needs assistance from CentralSquare, the Agency employee requesting assistance
will enter a key code in order to connect for screen sharing on a device.
Similar to the jump Customer methodology, SecureLink may also be utilized via “gatekeeper”. The sample
workflow description for a jump Customer provided above is substantially similar to the workflow for gatekeeper.
Summation
BeyondTrust and Securelink allow customers the ability to monitor connectivity to the customer’s network and
maintain CJIS compliance while enabling CentralSquare to perform the necessary support functions.
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City of San Bernardino
Finance Department, Purchasing Division
JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST
ITEM Description: DATE:
Name of Vendor:
Select Source:
Sole Source: Item is manufactured and/or only distributed by one vendor.
Single Source: Item is available from several vendors, but item is the only one that will work.
Please answer all questions in detail, in order to prevent delays in the evaluation. Please do not provide one
sentence answers. If any additional pages are needed to answer all questions, please attache all pages to this
document.
1.Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be
competitively bid). Please enter answer below:
2.Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the
answer below:
3.What are the consequences of not purchasing the good/service or contracting with the proposed
supplier?
4.What market research was conducted to substantiate the single source, including evaluation of other
items considered? None.
a.(Please provide a narrative of your efforts to identify other similar or appropriate goods/services,
including a summary of how the department concluded that such alternatives are either inappropriate
or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for
not considering then must be included or an explanation of why the survey or effort to identify other
goods/services was not performed.)
CrimeView Analytics 10/31/2023
CentralSquare Technologies, LLC
X
Central Square is the only manufacturer that provides the goods and service of crime mapping
and system management for a crime mapping system.
These good and services were chosen because the PD wants a crime mapping system that has
an internal and public facing interface. The system also needs ongoing professional services
for management. No other company provides this service.
If this good/service is not provided, the PD and public will no longer be able to view map-based
incident reports.
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5.How was the price offered determined to be fair and reasonable? Explain what the basis was for
comparison and include cost analyses as applicable. (I.E. Compared to vendor’s previous or current offer
to the city or to another agency/company – or any other method of comparison that will substantiate
fair and reasonable pricing in the absence of competition)
6.Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.
1.
Department Head Signature Date
2. Approved ☐ Not Approved ☐
(Up to $100,000) Date
Purchasing Manager Signature
Purchasing Manager Justification: ____________________________________________
3. Over $100,000 – must be submitted for City Council Approval with the Purchasing Manager in
concurrence.
This is an upgraded system from the manufacturer that provides this good/service to the PD currently.
The pricing for the new system is similar to the existing system.
The new system has a lower ongoing annual support cost (approx. $16,400) than their current
system (approx. $23,500).
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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
Lydie Gutfeld, Director of Parks, Recreation and Community
Services
Department:Parks & Recreation & Community Services
Subject:Receive and File – Formation of partnership with Casa
Ramona and Home of Neighborly Services City
programming.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the staff report.
Executive Summary
Staff were given direction to inquire about the possibility of creating a formal
partnership with both Casa Ramona and Home of Neighborly Services to administer
City programs at their sites/Community Centers. Staff have begun communications
with both organizations to set up site walks and meetings to discuss program options.
Background
On January 18, 2022, Council approved a future item to be considered. This item
included direction for staff to research and develop a formal partnership with Casa
Ramona and Home of Neighborly Services to provide City programs at their respective
sites/community centers. Staff conducted an initial assessment and determined that
due to limited staffing resources, the implementation of programs at additional sites
was not viable; however, staff would revisit and reassess at a later date.
Discussion
In September 2023, staff began conversations with Home of Neighborly Services to
set up a site walk and have a discussion about any program opportunities that might
arise from grants and scholarships that assist with staffing and programming
budgets. Once meetings are complete, a tentative plan will be discussed for future
program options. Staff have contacted Casa Ramona to initiate conversations and set
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meetings. To date, staff have not had a response from the Casa Ramona organization.
Staff will bring updates back to the Mayor and City Council as appropriate.
2021-2025 Strategic Targets and Goals
By developing formal partnerships with local community service organizations, the City
will achieve Strategic Target No. 1- Focused, Aligned Leadership and Unified
Community by allowing our services to complement one another and remain focused
on the youth and the services we can provide afterschool. Strategic Target No. 2-
Improved Quality of Life by providing continued support services to the youth of San
Bernardino.
Fiscal Impact
There is no fiscal impact associated with receiving this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the staff report.
Attachments
N/A
Ward:
Second Ward; Sixth Ward
Synopsis of Previous Council Actions:
On January 18, 2022, the Mayor and City Council approved a Future Item to be
considered.
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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
Ernesto Salinas, Deputy Director of Operations
Department:Public Works
Subject:Contract Change Order Approval - Encanto
Community Center Improvement Project (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Professional Services Agreement with Miller
Architectural Corporation in the amount of $77,795, for a total contract amount
of $256,180 from Encanto Community Center Improvement Project.
Executive Summary
Renovations and expansion modifications are key to restoring the Encanto Community
Center to a functional and inviting condition for use by the community and further aid
in consideration of the Parks Department relocation opportunity. Public Works staff is
requesting the approval of Amendment No. 1 to revise the scope of services to include
pool equipment design and modifications to architectural, electrical and structural
design to accommodate relocation of the pool chemicals and equipment to the exterior
covered CMU enclosure. The modified scope of services is required by the project due
to additional services needed to complete the floor plan design. If approved,
Amendment No. 1 to the Professional Services Agreement will increase the project
cost by $77,795, and authorize a contract change order in the total amount of $256,180
to complete the design phase of the project.
Background
The Encanto Community Center is a 24,660 square foot city-owned facility that was
constructed in 1968 to support programs focused on providing physical, educational,
vocational, rehabilitative, preventative, and recreational services to the community.
Due to the age and condition of the building, the City decided to construct
improvements to the facility to address deferred maintenance needs and redesign
existing spaces to allow for the restoration and expansion of recreational services at
Packet Page. 218
the facility.
On April 15, 2020, the Mayor and City Council approved the City‘s FY 2020/21 Annual
Action Plan associated with the Community Development Block Grant, HOME
Investment Partnerships and Emergency Solutions Grant Programs. This included the
City receiving a donation from the Estate of Sharell Paramo in the total amount of
$2,236,622. The donor designated that the donation be used to support the City of San
Bernardino Parks and Recreation Department operations and programming.
On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128
adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget
included Capital Improvement Plan (CIP) PR21-006 project for Encanto Community
Center Roof Replacement and established $665,000 in CDBG (Fund No. 119) and
$250,000 in Cultural Development Fund (Fund No. 247) for HVAC Replacement.
On January 20, 2021, the Mayor and City Council adopted Resolution No. 2021-01
approving the use of donated funds from the Estate of Sharell Paramo to support a
project for the renovation of the Encanto Community Center and approving the award
of a Professional Services Agreement with Miller Architectural Corporation for project
design services in the amount of $178,385.
Discussion
Following Mayor and City Council approval of a Professional Services Agreement with
Miller Architectural Corporation, the firm began designing the improvements to the
Encanto Community Center, finalizing the initial design in June of 2021. Over the past
year, following staffing changes and the plan to alter the use of the Community Center,
the Public Works Department staff met with the Director of Parks, Recreation and
Community Services and received recommendation to modify the floor plan design and
modifications to the architectural, mechanical, plumbing, electrical and structural
design drawings.
Public Works Department staff met with the Miller Architectural Corporation and the
Parks, Recreation and Community Services staff and received input on the requested
modifications to the Project. The modifications and additional tasks include:
1. Pool design and engineering for removal and relocation of pool chemicals and
equipment.
2. Architectural and structural design and engineering for exterior covered CMU
enclosure.
3. Revised electrical and plumbing drawing to accommodate relocated electrical
and plumbing.
4. Redesign and engineering of the four pool and gymnasium restroom / locker
rooms to combine and create two restrooms and add shower accommodations.
5. Enlarge pool office/check-in and added door and check-in window.
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6. Remove stage, stairs, and handicap lift at the north end of the gymnasium.
7. Eliminate offices 108, 109 and 110 and increase the size of multipurpose room
111 and add a counter and sink.
8. Increase the size of breakroom 114 and relocate the door.
9. Eliminate Conference room 116 and increase office 115.
10.Increase the size of breakroom 114.
11.Remove the coffee bar in office 119 and add an additional door to the office from
the corridor.
12.Revise storage room 130 to open into Multipurpose room 126.
13.Revise counter roll-up door to full height roll-up door at office 131.
14.Revise storage room 133 to office with check-in counter and window.
15.Modify wrought iron fence at pool area to provide required circulation path to pool
check-in and exiting.
16.Add pickle ball striping at gymnasium.
17.Addition of electrical outlets at Head Start Preschool side of community center.
18.Revise Head Start Preschool side of community center to include new flooring
and paint.
19.Revised architectural, mechanical, plumbing, electrical and structural design
drawings to accommodate the revised floor plan design.
20.Resubmittal to B & S and Health Department for review and approval.
21.Revise specifications and bid schedules to accommodate new scope of work.
22.Additional design meetings to review and finalize revised scope of work and
drawings.
23.Review and provide value engineering options, alternate bid items and potential
phasing plan for construction to accommodate project budget.
24.Add 10 site inspections to be provided during construction phase.
Design and construction of renovations at this center are consistent with the
designated use of this funding as completion of the project will support restoration and
expansion of Parks Department operations and programming. Miller Architectural
Corporation provided a proposal for an amendment to the contract in the amount of
$77,795 to complete the requested modifications. In addition to the modifications of
the project, approving Amendment No. 1 will also extend the original term of the
agreement through the anticipated completion date of December 30, 2024.
Funding for the Project was established in FY 2020/21 Capital Improvement Program
(CIP) budget through the Sharell Paramo estate donation (Fund No. 006). The total
project cost breakdown is as follows:
Original Construction Contract Amount $178,385.00
Amendment No. 1 Amount $77,795.00
Total Project Professional Services Cost $256,180.00
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 - Improved Operational and Financial
Capacity and Key Target No. 3 - Improved Quality of Life. Renovation of the Encanto
Community Center will improve and preserve the existing facility and expand the
recreational services available to the overall community.
Fiscal Impact
There is no General Fund impact with this item. Sufficient funding is in the FY 23/24
CIP project budget to support this change order.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Professional Services Agreement with Miller
Architectural Corporation in the amount of $77,795, for a total contract amount of
$256,180 for the Encanto Community Center Improvement Project.
Attachments
Attachment 1 - Amendment No. 1
Attachment 2 - Exhibit A: Miller Architectural Corporation Amendment
Letter
Attachment 3 - Professional Services Agreement with Miller Architectural
Corporation
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
April 15, 2020 Mayor and City Council approved the City’s FY 2020/21 Annual
Action Plan associated with the Community Development Block
Grant, HOME Investment Partnerships and Emergency
Solutions Grant Programs.
June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128
approving Capital Improvement Program FY 2020/21.
January 20, 2021 Mayor and City Council adopted Resolution No. 2021-01
approving the use of donated funds from the Estate of Sharrell
Paramo to support a project for the renovation of the Encanto
Community Center and approving a Professional Services
Agreement with Miller Architectural Corporation for Professional
Design Services for Encanto Community Center Improvements
Project.
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
WITH MILLER ARCHITECTURAL CORPORATION
(ENCANTO COMMUNITY CENTER IMPROVEMENTS)
This First Amendment to the Professional Services Agreement is made and
entered into as of November 15, 2023 (“Effective Date”), by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and Miller Architectural
Corporation, a sole proprietorship (“Consultant”). City and Consultant are sometimes
referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement,
dated January 6, 2021, for the purpose of providing professional services for the Encanto
Community Center Improvements project (the “Master Agreement”).
B. 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 commence on the Effective
Date (January 6, 2021) and continue through the completion of services as set forth in
Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement
is previously terminated as provided for herein (“Term”).
3. Compensation. The total not to exceed compensation amount shall be
increased by Seventy-Seven Thousand Seven Hundred Ninety-Five Dollars ($77,795.00)
increasing the total not to exceed compensation amount from One Hundred Seventy-
Eight Thousand Three Hundred Eighty-Five Dollars ($178,385.00) to Two Hundred Fifty-
Six Thousand One Hundred Eighty Dollars ($256,180.00). Work shall be performed at the
rates set forth in the Master Agreement.
There is no change to the total not to exceed compensation of 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
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provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No.1 for all purposes. This Amendment No.1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No.1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
MILLER ARCHITECTURAL CORPORATION
(ENCANTO COMMUNITY CENTER IMPROVEMENTS PROJECT)
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 A. Montoya
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
MILLER ARCHITECTURAL
CORPORATION
Signature
Name
Title
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EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
(ATTACHED)
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August 28, 2023
City of San Bernardino
Public Works Department
Engineering Division
201 B North ‘E’ Street, 2nd Floor, Suite 200
San Bernardino, CA 92401
Attn: Ernesto Salinas
Re:Architectural Design Services for City of San Bernardino
Encanto Community Center Poole Equipment Relocation & Design and revised floor
plan scope of services
Amendment to Agreement
Dated: October 2, 2023
Dear Mr. Salinas:
We are submitting this amendment in response to changes in project scope that required
an increased expenditure of time and resources to accomplish. This document will amend
the “scope of services” as described in the above referenced contract, to now
provide for additional services, defined as follows:
Revised scope of services required by the project due to additional services and work
to be provided include pool equipment design and modifications to architectural and
electrical and structural design drawings to accommodate relocation of the pool
chemicals and equipment to an exterior covered CMU enclosure. Based upon the
modified project scope required revisions to the floor plan design and modifications
to architectural, mechanical, plumbing, electrical and structural design drawings to
accommodate the attached floor plan design. Additional services provided include:
1.
2.
3.
4.
Pool design and engineering for removal and relocation of pool
chemicals and equipment
Architectural and structural design and engineering for exterior
covered CMU enclosure
Revised electrical and plumbing drawing to accommodate relocated
electrical and plumbing.
Redesign and engineering of the four pool and gymnasium restroom /
locker rooms to combine and create two restrooms and add shower
accommodations.
5.
6.
Enlarge pool office / check-in and added door and check-in window.
Delete stage, stairs, and handicap lift at the north end of the
gymnasium.
7.Eliminate offices 108, 109 and 110 and increase the size of
multipurpose room 111 and add a counter and sink.
Increase the size of breakroom 114 and relocate the door.
Delete Conference room 116 and increase office 115.
Increase the size of break room 114.
8.
9.
10.
11.Delete the coffee bar in office 119 and add an additional door to the
office from corridor.
12.
13.
14.
15.
Revise storage room 130 to open into Multipurpose room 126.
Revise counter roll-up door to full height roll-up door at office 131.
Revise storage room 133 to office with check-in counter and window.
Modify wrought iron fence at pool area to provide required circulation
path to pool check-in and exiting.
16.
17.
Add pickle ball striping at gymnasium.
Addition of electrical outlets at Head Start Preschool side of community
center.
18.Revise Head Start Preschool side of community center to include new
flooring and paint.
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19.Revised architectural, mechanical, plumbing, electrical and structural
design drawings to accommodate the revised floor plan design.
Resubmittal to B & S and Health Department for review and approval.
Revise specifications and bid schedules to accommodate new scope of
work.
20.
21.
22.
23.
24.
Additional design meetings to review and finalize revised scope of work
and drawings.
Review and provide value engineering options, alternate bid items and
potential phasing plan for construction to accommodate project budget.
Add 10 site inspections to be provided during construction phase.
With regard to the increased scope of services as set forth above, additional fee
compensation is required as follows: $77,795.00. This amount will be invoices in
accordance with the original agreement.
The original contract will remain valid with regard to all terms, inclusions, and conditions,
without alteration except as specifically stated herein. When signed below, this amendment
will become a binding part of the original agreement.
To initiate acceptance of this addendum, please sign where indicated below return to us for
our records or prepare a purchase order for signature. Please retain a copy for your use.
New work will commence upon our receipt of the signed addendum.
Thank you for the opportunity of providing additional services. We look forward to our
continued collaboration as we work toward successful project completion.
Sincerely,
Amendment approved by:
Kathleen M. Oswalt
Kathleen M.
OswaltSenior Project Manager Client Signature & Title Date:
Utah
Nevada
Idaho
California
1177 Idaho Street
Suite 200
Redlands, CA 92374
P 909.335.7400
F 909.335.7299
An Architectural Corporation
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CONSENT CALDENDAR
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
Ernesto Salinas, Deputy Director of Operations
Department:Public Works
Subject:The San Bernardino County Transportation Authority
2023 TDA Article 3 Grant Funds for Bus Stop Sidewalk
Improvements (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2023-175 authorizing submittal of a claim to the San
Bernardino County Transportation Authority for Transportation Development
Act (TDA) Article 3 Grant funds for the Bus Stop Sidewalk Improvements
Project in the amount of $96,000. A local match of $24,000 is required, for a
total of $120,000; and
2. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2024/28 Capital Improvement Plan (CIP) to include the Bus Stop
Sidewalk Improvements Project and allocate $120,000 from the Measure S
fund; and
3. Authorize the City Manager, or their designee, to execute all documents
pertaining to the acceptance of the 2023 TDA Article 3 Grant funds.
Executive Summary:
The City of San Bernardino was recently awarded a $96,000 Grant award from TDA
Article 3, for the improvement of sidewalks, curbs, and gutters at bus stops in nine
locations. Staff is requesting Council approval for funds in the amount of $120,000.
The total project cost is estimated at $120,000, of which $96,000 is reimbursable
and $24,000 is a local match.
Background
In accordance with the Transportation Development Act (TDA), two percent (2%) of
the Local Transportation Funds (LTF) is designated for counties and cities to
develop facilities exclusively tailored for pedestrians and bicyclists, known as the
TDA Article 3 program. City staff prepared and submitted an application covering
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nine locations in need of upgrades throughout the City. City staff successfully
secured grant funds, allowing the City to proceed with upgrades with minimal
financial contribution. These efforts aim to improve the use of bus infrastructure
facilities, thereby enhancing the quality of life for residents and minimizing the risk
of litigation to the City.
Discussion
There are 559 bus stops in the City of San Bernardino that the City is responsible
for maintaining. Some bus stops, sidewalks, curbs, and gutters have fallen into
disrepair and require complete replacement. The City has selected nine locations
for improvements based on their condition assessed by site visits from City staff, out
of a list of bus stops provided by Omnitrans. Below are the nine selected locations:
Item
No.
Location Ward
1 Highland Ave at Waterman (WB)2 and 7
2 Highland Ave at Sierra Way (WB)2 and 7
3 Mill St at Mount Vernon Ave (EB)3
4 9th St at Mount Vernon Ave (WB)1 and 6
5 Highland Ave at Mountain Ave (WB)2 and 7
6 Sierra Way at Highland Ave (SB)2 and 7
7 Kendall Dr at H St (WB)4 and 5
8 3rd St at Waterman Ave (EB)1
9 16th St at California St (EB)6
These improvements will make bus stops safer for pedestrians and bus
customers. Although Omni Trans is responsible for the upkeep of the bus stop
bench and canopies, the sidewalks, curbs, and gutters are the responsibility of the
City. This initiative may also address the need for painting of curbs and the repair of
street segments within the bus stop area. This grant program, like other similar
grants, will contribute to the overall improvement of the City’s infrastructure.
On May 3, 2023, the San Bernardino County Transportation Authority (SBCTA)
Board of Directors authorized the release of the Transportation Development Act
(TDA) Article 3 “Call for Projects” for Transit Stop Access Improvement projects. As
mentioned above, the TDA provides that two percent of the State of California Local
Transportation Funds (LTF) be made available to counties and cities for facilities for
the exclusive use of bicyclists and pedestrians through the TDA Article 3 Program.
Local jurisdictions and transit agencies were notified of this opportunity through
SBCTA’s website, including social media platforms, the Transportation Technical
Advisory Committee (TTAC), and Public and the Specialized Transportation and
Advisory Coordination Council (PASTACC) email lists. The total amount of TDA
Article 3 funds available for award was $1,440,000. The closing date for the “Call
for Projects” was July 7, 2023.
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2021-2025 Strategic Targets and Goal
This project is consistent with Key Target No. 1e. Improved Operational and
Financial Capacity – Minimize risk and litigation exposure. Approval of this
resolution will improve the accessibility of residents and community members
boarding public transportation and reduce the chance of incidents due to hazardous
or defective sidewalks, curbs, and gutters occurring at City bus stops.
Fiscal Impact
The General Fund impact is $24,000 to provide the local match for the TDA Article
3 Grant Funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2023-175 authorizing submittal of a claim to the San
Bernardino County Transportation Authority for Transportation Development
Act (TDA) Article 3 Grant funds for the Bus Stop Sidewalk Improvements
Project in the amount of $96,000. A local match of $24,000 is required, for a
total of $120,000; and
2. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2024/28 Capital Improvement Plan (CIP) to include the Bus Stop
Sidewalk Improvements Project and allocate $120,000 from the Measure S
fund; and
3. Authorize the City Manager, or their designee, to execute all documents
pertaining to the acceptance of the 2023 TDA Article 3 Grant funds.
Attachments
Attachment 1 Resolution No. 2023-175
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Resolution No. 2023-175
Resolution 2023-175
November 15, 2023
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RESOLUTION NO. 2023-175
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING SUBMITTAL OF A CLAIM TO SAN
BERNARDINO COUNTY TRANSPORTATION
AUTHORITY FOR TRANSPORTATION DEVELOPMENT
ACT (TDA) ARTICLE 3 FUNDS FOR BUS STOP SIDEWALK
IMPROVEMENTS PROJECT IN THE AMOUNT OF $96,000
WITH LOCAL MATCH OF $24,000 FOR A TOTAL OF
$120,000; AND AUTHORIZE THE DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES TO AMEND THE FY
2024/28 CAPITAL IMPROVEMENT PLAN (CIP) TO
INCLUDE THE BUS STOP IMPROVEMENTS PROJECT
AND ALLOCATE $120,000 IN THE MEASURE S FUND;
AND AUTHORIZE THE CITY MANAGER, OR THEIR
DESIGNEE, TO EXECUTE ALL DOCUMENTS
PERTAINING TO THE ACCEPTANCE OF THE 2023 TDA
ARTICLE 3 GRANT FUNDS.
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California
Legislature to improve existing public transportation services and encourage regional
transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this
law provides funding to be allocated to transit and non-transit related purposes that comply with
regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and
State Transit Assistance (STA) fund; and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and
apportioned by population to areas within the County; and
WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional
vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and
both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator
revenues; and
WHEREAS, SBCTA awarded the City of San Bernardino, California, TDA Article 3 grant
funds in the amount of $96,000 for development of the Bus Stop Sidewalk Improvements Project
within the City of San Bernardino jurisdiction through a competitive “Call for Projects”; and
WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and
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Resolution No. 2023-175
Resolution 2023-175
November 15, 2023
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WHEREAS, SBCTA requires the City of San Bernardino to submit a claim and request(s)
for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the
Mayor and the City Council; and
WHEREAS, the Bus Stop Sidewalk Improvements Project award is over $200,000, and is
eligible for progress reimbursement, or under, and eligible for reimbursement at project completion;
and
WHEREAS, SBCTA requires the designation of individuals authorized to certify project
completion; and
WHEREAS, the Director of Public Works, or their designee, is authorized to certify project
completion, and
WHEREAS, that the Mayor and the City Council of the City of San Bernardino, California,
authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Bus
Stop Sidewalk Improvement Project in the amount of $96,000.
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 finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 3.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of November 2023.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2023-175
Resolution 2023-175
November 15, 2023
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-175
Resolution 2023-175
November 15, 2023
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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. 2023-175, adopted at a regular meeting held on the 15th 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
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date:November 15, 2023
To:Honorable Mayor and City Council Members
From:Ben Reynoso, Council Member, 5th Ward
Department:Council Office
Subject:Consider establishment of a north end police
substation (Ward 5) – Council Member Reynoso
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