HomeMy WebLinkAbout03-04-2026 MCC 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, MARCH 04, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6 STREET • SAN BERNARDINO, CA
92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
MAYOR PRO TEM, WARD 5
Mario Flores
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) 998-2680 TWO
WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR
REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised
documents for this meeting date, use this link: tinyurl.com/agendabackup.
Select the corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez
3:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 14
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) Justin Ramirez v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB2419803
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure
to Litigation (Pursuant to Government Code Section 54956.9(d)(2)(1): (1) Case
C) CONFERENCE WITH LEGAL COUNSEL with Legal Counsel - Anticipated
Litigation - Significant Exposure to Litigation (Pursuant to Government Code
Section 54956.9(d)(2)):
i.) Notice of Claim, Asusena Soren, dated July 21, 2025, Amended Claim filed
August 5, 2025, Claim No. GHC0086369
D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957)
Title: City Manager
E) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to
Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary
Matters)
Titles: City Clerk, City Attorney
Mayor and City Council of the City of San Bernardino Page 3
5:00 P.M
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR AGENDA ITEM NO. 1 ONLY
We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.
CONSENT CALENDAR - ONE ITEM ONLY
1. Adopt Resolution No. 2026-017 Authorizing the City Manager to Execute an
Agreement for the Acceptance of $100,000 from the San Bernardino County
Board of Supervisors to Assist the San Bernardino Police Department with
the Purchase of a Tactical Robot (All Wards) p. 15
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-017 authorizing:
1. The City Manager to execute an agreement with the County of San Bernardino
for the acceptance of $100,000 from the San Bernardino County Board of
Supervisors to assist the San Bernardino Police Department with the purchase of
a Robotic Police K9 and;
2. The Director of Finance and Management Services to amend the applicable
fiscal year operating budget in the amount of $100,000 in both revenue and
expenditures.
PRESENTATIONS
2. Vice Chair & 5th District Supervisor Joe Baca, Jr. (San Bernardino County)
Check Presentation: $100,000 To Assist The San Bernardino Police
Department With The Purchase Of A Tactical Robot (All Wards) p. 39
PUBLIC HEARING
3. Substantial Amendment Number One to the Fiscal Year 2025-2026 Annual
Action Plan, Allocating Community Development Block Grant (CDBG) and
CDBG Cares Act (CDBG-CV) Funds from previous years to the SB HOPE
Campus (All Wards) p.40
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-015 and:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed
Substantial Amendment Number One to the Fiscal Year (FY) 2025-2026
Annual Action Plan (AAP); and
2. Approve the Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan to increase funding for the SB HOPE Campus by
$1,979,926.86; and
3. Authorize the City Manager or designee to take any further actions and
Mayor and City Council of the City of San Bernardino Page 4
execute any further agreements or documents, as necessary, to effectuate
the submittal of the proposed Substantial Amendment Number One to the
Fiscal Year 2025-2026 Annual Action Plan to HUD; and
4. Authorize the Director of Finance and Management Services to amend the
Fiscal Year (FY) 2025–2026 Budget in accordance with the approved
Substantial Amendment, allocating a total of $1,979,926.86 from prior-year
unspent CDBG funds, including: $64,627.53 from FY 2021 –2022,
$305,884.60 from FY 2022–2023, $185,642.91 from FY 2023–2024,
$58,392.47 from FY 2024–2025, $92,574.29 from FY 2025–2026, and
$1,272,805.06 from CDBG-CV FY 2020–2021; and
5. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2025–2026 Budget to reflect a technical correction revising
CDBG (FUND 119) unearned revenues to $6,417,546.41 and CDBG-CV
(FUND 131 & 139 cumulatively) unearned revenues to $2,163,968.63.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.
CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.
4. Authorize a Goods Purchase Agreement with Midwest Veterinary Supply
in an amount not to exceed $500,000 annually (All Wards) p. 94
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with
Midwest Veterinary Supply; and
2. Authorize the Director of Finance to issue a purchase order to Midwest
Veterinary Supply in an amount not to exceed $500,000 annually.
5. Approval of Various Mayor and City Council Meeting Minutes p. 117
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the meeting minutes for the following dates:
1. October 19, 2022 Special Meeting Draft Minutes
2. January 15, 2026 Special Meeting Draft Minutes
3. January 21, 2026 Regular Meeting Draft Minutes
Mayor and City Council of the City of San Bernardino Page 5
6. Accept State Funds for Seccombe Lake Park Rehabilitation Project Administered by
the California Natural Resources Agency (Ward 1) p. 140
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt resolution 2026-016, which supersedes the previously adopted resolution No. 2024-135 for the purpose of reallocating grant funds:
1. Authorizing the City Manager or his designee to accept state funds
administered through the California Natural Resources Agency for the
Seccombe Lake Park Rehabilitation Project in the amount of $5,000,000;
and
2. Authorizing the City Manager or his designee to conduct all negotiations,
signing, and submittals of necessary documents to receive the awarded
funds.
3. Authorize the Director of Finance & Management Services to reallocate
$5,000,000 from the Park Land Replacement Project to the Seccombe
Lake Park Rehabilitation Project.
7. Approval of the award for Financial Auditing Services to Eadie Payne LLP, in the
Amount of $542,860 to Audit Financial Statements for Fiscal Years Ending June 30,
2026, through June 30, 2030, with the Option of Auditing the City’s Financials for Two
Subsequent Years (All Wards) p. 146
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the professional services agreement with Eadie Payne LLP for
financial auditing services in the amount of $542,860 for fiscal years ending June
30, 2026, through June 30, 2030, with the option of auditing the City’s financial
statements for two subsequent years (through June 30, 2032).
8. Approve Amendment No. 1 to the Professional Services Agreement with Hinderliter,
De Llamas & Associates for Sales and Use Transaction Tax Auditing Services,
Including Measure S District Tax, Extending the Term Through June 30, 2030,
Increasing the Not-to-Exceed Amount by $250,000 for a New Total Contract Amount
Not to Exceed $275,500 (All Wards) p. 203
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
Hinderliter, De Llamas & Associates for Professional Auditing Services
related to the City's Sales and Use Transaction Tax, including the
Measure S District Tax, extending the agreement term through June 30,
2030; and
2. Increase the original contract not-to-exceed amount by $250,000,
resulting in a new total contract amount not to exceed $275,500; and
3. Authorize the City Manager or designee to execute the amendment.
Mayor and City Council of the City of San Bernardino Page 6
9. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the Board of
State Community Corrections (BSCC) for the California Violence Intervention
Program Cycle 4 Grant (Cal VIP 4) (All Wards) p. 226
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the
Board of State Community Corrections (BSCC) for the California Violence
Intervention Program Cycle 4 Grant; and
2. Authorize the City Manager, or designee, to take any further actions to
execute amendments or documents as necessary, including minor and
substantive changes, after review by the City Attorney, as necessary to
effectuate the implementation of the community violence intervention
program services with Subrecipients Young Visionaries Youth Leadership
Academy and Operation New Hope.
10. Annual Renewal Of The City's Property Insurance For FY 2026/27 In An Amount Not
To Exceed $2,540,000 (All Wards) p. 279
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the annual renewal of the City’s property insurance for a premium
not to exceed
$2,540,000 for the term beginning April 1, 2026, and ending March 31, 2027; and
authorizing the City Manager to execute all related documentation.
11. Amendment No. 1 to Goods Purchase Agreement with Long Beach BMW
Motorcycles to Increase the Not to Exceed Amount to $162,809.80 (All Wards) p. 288
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Authorize the City Manager to execute the first amendment to the Goods
Purchase Agreement with Long Beach BMW Motorcycles, increasing the
total purchase amount from $77,218.00 to $162,809.80.
2. Authorize the Director of Finance and Management Services to increase the
existing purchase order from $77,218.00 to $162,809.80.
12. Memorandum of Understanding with Riverside Urban Area Security Initiative (All
Wards) p. 299
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-018 authorizing:
1. The City Manager to enter a Regional Training and Equipment
Memorandum of Understanding with the City of Riverside regarding Urban
Area Security Initiative Grant funding for Federal Fiscal Year 2023; and
2. Authorizing the City Manager or their designee to conduct all negotiations,
signings, and submitting documents to the necessary.
Mayor and City Council of the City of San Bernardino Page 7
13. Approve Amendment No. 3 to the Design Services Agreement with RHA Landscape
Architects – Planners Inc. For The Seccombe Lake Park Revitalization Project for
$342,790 and Approve Additional Contingencies in the Amount of $35,000 for a
Total Increase of $377,790. (Ward 1) p. 341
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 3 to the Professional Design Services
Agreement with RHA Landscape Architects – Planners Inc. for the
Seccombe Lake Park Revitalization Project (Project) in the amount of
$377,790, increasing the total not to exceed amount to $968,645, and
extending the term through December 31, 2027; and
2. Authorize the City Manager or designee to execute all documents with
RHA Landscape Architects – Planners Inc.
3. Authorize the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
DISCUSSION
14. Authorization to Proceed with Lease Renewal Negotiations with the YMCA of the
East Valley for 808 E. 21st Street (Ward 2) p. 446
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City Manager to proceed with lease renewal negotiations with the YMCA of the
East Valley for the property located at 808 E. 21st Street.
15. Designation of One or More Alternate Voting Delegates for the SCAG 2026 Regional
Conference and General Assembly in Palm Desert, CA May 7-8, 2026 (All Wards) p. 472
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of one or more alternate voting delegates for the
Southern California Association of Governments (SCAG) 2026 Regional
Conference and General Assembly, scheduled for May 7–8, 2026, at the JW
Marriott Desert Springs Resort & Spa in Palm Desert, California.
16. Authorize Staff to Begin Statutory Due Diligence for San Bernardino County Fire –
Firehouse 222 Expansion at Bobby Vega Park (Ward 1) p. 475
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize staff to initiate statutory due diligence for the San Bernardino
County Fire – Firehouse 222 Expansion Project at Bobby Vega Park,
including environmental review, title verification, and other compliance
activities required under applicable state and local regulations; and
2. Direct staff to return to Council, upon completion of due diligence and
subdivision of the park land, with a resolution declaring the newly created
parcel as surplus land and authorizing its disposition pursuant to the Surplus
Land Act provisions applicable to local agency-to-agency transfers or
exchanges.
Mayor and City Council of the City of San Bernardino Page 8
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
17. Adopt a Citywide Constitutional Rights Resolution (All Wards) – (Council Member
Ibarra) p. 479
18. Consider a Resolution on Immigration Enforcement. As Part of Agenda Item,
Consider a Resolution Similar to the Riverside Resolution and How it Would be
Impacted by California State law. (All Wards) - (Council Member Flores) p. 480
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 March 18, 2026
at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 9
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the
agenda for the March 4, 2026, 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, 92401 at the
Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California,
92410 and on the City's website sbcity.org on Friday, February 27, 2026.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 10
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. 2018-89 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 11
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies)
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 12
ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you
require an option with Closed Captioning, you may view the meeting from the following location (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:
Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to one hour and thirty minutes before the posted start time of the meeting, on
the meeting day will be provided to the Mayor and City council and made part of the meeting
record. Written public comments will not be read aloud by city staff. Written correspondence
can be accessed by the public online at tinyurl.com/agendabackup .
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: tinyurl.com/mccpubliccomments. Any requests to speak submitted
electronically less than one hour and thirty minutes before the posted start time will not be accepted.
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 909-998-2680 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written
correspondence submitted after the deadline will be provided to the Mayor and City Council at the
following regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024-029, adopted by the Mayor and City Council on February 21,
2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00
P.M., the Mayor and City Council shall determine which of the remaining agenda items can be
considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time
is required until a future Mayor and City Council meeting. A majority vote of the Council is required to
extend a meeting beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 13
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CLOSED SESSION
City of San Bernardino
Request for Council Action
March 4, 2026
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department:
Subject:CLOSED SESSION
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section54956.9(a) and (d)(1):
i.) Justin Ramirez v. City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2419803
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure
to Litigation (Pursuant to Government Code Section 54956.9(d)(2)(1): (1) Case
C) CONFERENCE WITH LEGAL COUNSEL with Legal Counsel - Anticipated Litigation -
Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i.) Notice of Claim, Asusena Soren, dated July 21, 2025, Amended Claim filed August
5, 2025, Claim No. GHC0086369
D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code
Section 54957)
Title: City Manager
E) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to
Government Code Section 54957)
(Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Clerk, City Attorney
Packet Page. 14
CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Darren Goodman, Chief of Police
Police
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-017 authorizing:
1. The City Manager to execute an agreement with the County of San Bernardino
for the acceptance of $100,000 from the San Bernardino County Board of
Supervisors to assist the San Bernardino Police Department with the purchase
of a Robotic Police K9 and;
2. The Director of Finance and Management Services to amend the applicable
fiscal year operating budget in the amount of $100,000 in both revenue and
expenditures.
The City Manager recommends approval.
The City of San Bernardino Police Department seeks approval to accept $100,000 in
external funding from the San Bernardino County Board of Supervisors, specifically
Supervisor Joe Baca, to assist with the purchase of a Robotic Police K9. This advanced
public safety technology will enhance officer and public safety by allowing officers to
remotely assess high-risk environments during critical incidents, including searches for
armed suspects, barricaded individuals, and potential explosive devices.
The Robotic Police K9 will be deployed citywide and used during high-risk calls for
Packet Page. 15
service to provide real-time situational awareness before officers are required to enter
potentially dangerous locations. This capability improves tactical decision-making,
reduces risk to personnel, and supports safer outcomes for the community.
Background
The San Bernardino Police Department regularly responds to high-risk calls for service,
including building searches for armed suspects, barricaded individuals, and incidents
involving potential explosive or hazardous devices. These situations often require
officers to enter unknown environments where the presence of threats cannot be
immediately confirmed.
Law enforcement agencies nationwide have increasingly adopted robotic technologies
to enhance safety during critical incidents. Robotic Police K9 systems are designed to
provide real-time video, audio, and environmental data, allowing officers to remotely
assess conditions before committing personnel to potentially dangerous situations.
Discussion
Law enforcement agencies nationwide are increasingly leveraging advanced
technologies to reduce the inherent risks associated with high-risk calls for service
while maintaining effective public safety operations. Staffing challenges, call-for-
service volumes, and the complexity of modern critical incidents have accelerated the
adoption of tools that allow officers to assess threats remotely before committing
personnel into potentially dangerous environments.
Robotic Police K9 systems are one such technology that has gained acceptance
across the law enforcement profession as a means of enhancing officer safety,
improving situational awareness, and supporting informed tactical decision-making.
These systems are specifically designed to be deployed during high-risk incidents,
including armed suspect searches, barricaded subjects, and incidents involving
potential explosive or hazardous devices.
Robotic Police K9s are capable of entering buildings and confined spaces, navigating
hallways and stairwells, opening doors, and operating in low-visibility environments, all
while transmitting real-time video and audio back to officers and incident commanders.
This allows law enforcement personnel to visually assess interior conditions, identify
potential threats, and determine appropriate response strategies without immediately
placing officers in harm’s way.
The ability to remotely clear rooms, check structures, and locate suspects significantly
reduces the need for officers to conduct blind entries into unknown environments. This
technology enhances operational safety by providing critical intelligence prior to officer
deployment, allowing command staff to deploy resources more strategically and
reduce unnecessary exposure to risk.
In addition to officer safety benefits, the use of robotic platforms supports more
controlled and deliberate responses during critical incidents, often resulting in improved
Packet Page. 16
outcomes for all involved parties. By slowing down the decision-making process and
providing accurate, real-time information, the Robotic Police K9 helps de-escalate
volatile situations and promotes safer resolutions.
The acquisition of a Robotic Police K9 represents a proactive investment in modern
policing practices and aligns with broader law enforcement trends focused on
innovation, risk mitigation, and responsible use of technology. The acceptance of
$100,000 in funding from the San Bernardino County Board of Supervisors will assist
the San Bernardino Police Department in enhancing its operational capabilities while
continuing to prioritize the safety of officers and the community.
While this external funding will not cover the full cost of the Robotic Police K9, the
Police Department has identified additional funding sources to subsidize the remaining
balance. San Bernardino County will provide $100,000 in funding, which will be applied
to the purchase of a robotic K-9. The total purchase cost is estimated at $350,000;
therefore, the remaining estimated $250,000 will be funded through the Police
Department’s Funds. As a result, the purchase will be fully supported by external and
restricted funding sources, with no additional General Fund expenditure. Upon
approval, the Department will follow all City purchasing policies and procurement
guidelines.
2021-2025 Strategic Targets and Goals
Acceptance of this funding aligns with Key Target Goal No. 1: Improved Financial and
Operational Capacity, supporting the City’s ability to secure external funding to
enhance public safety services without reliance on the General Fund. Advanced public
safety technologies such as robotic systems can be costly, and this funding assists the
Department in strengthening operational capabilities in a fiscally responsible manner.
This item also aligns with Key Target Goal No. 3: Improved Quality of Life. The use of
a Robotic Police K9 during high-risk incidents allows officers to identify threats,
hazards, or suspects remotely and limit unnecessary exposure to danger. This
improves the delivery of public safety services while protecting officers and community
members alike.
Fiscal Impact
The fiscal impact to the general fund will be an increase in revenue and expenditure
by $100,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-018 authorizing:
1. The City Manager to execute an agreement with the County of San Bernardino
for the acceptance of $100,000 from the San Bernardino County Board of
Supervisors to assist the San Bernardino Police Department with the purchase
of a Robotic Police K9 and;
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2. The Director of Finance and Management Services to amend the applicable
fiscal year operating budget in the amount of $100,000 in both revenue and
expenditures.
Attachments
Attachment 1 Resolution No. 2026-017
Attachment 2 Contract with the County of San Bernardino
Ward:
All Wards
Synopsis of Previous Council Actions:
On June 4, 2025, the Mayor and City Council adopted Resolution No. 2025-303,
approving an agreement with the County of San Bernardino to accept $562,500
towards the purchase of Unmanned Aerial Systems.
CC: Eric Levitt, City Manager
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Resolution No. 2026-017
Resolution No. 2026-017
March 4, 2026
Page 1 of 3
RESOLUTION NO. 2026-017 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO FOR THE ACCEPTANCE OF $100,000
FROM THE SAN BERNARDINO COUNTY BOARD OF
SUPERVISORS TO ASSIST THE SAN BERNARDINO
POLICE DEPARTMENT WITH THE PURCHASE OF A
TACTICAL ROBOT AND THE DIRECTOR OF FINANCE
AND MANAGEMENT SERVICES TO AMEND THE
APPLICABLE FISCAL YEAR OPERATING BUDGET IN
THE AMOUNT OF $100,000 IN BOTH REVENUE AND
EXPENDITURES.
WHEREAS, the County of San Bernardino Board of Supervisors has agreed to provide
$100,000 of County funding.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Authorize the City Manager to execute a contract with the County of San
Bernardino for the acceptance of $100,000 from the County funds, for the purchase of a tactical
robot,
SECTION 3. Authorize the Director of Finance and Management Services to amend the
fiscal year Adopted Budget increasing revenue and expenditures by $100,000.
SECTION 4. The Mayor and City Council find that this Resolution is not subject to the
California Environmental Quality Act (CEQA) because the activity is covered by the general rule
that CEQA applies only to projects that have the potential to cause a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2026-017
Resolution No. 2026-017
March 4, 2026
Page 2 of 3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 4th day of March 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2026-017
Resolution No. 2026-017
March 4, 2026
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2026-017, adopted at a regular meeting held on the 4th day of March 2026 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 5th day of March 2026.
Telicia Lopez, CMC, City Clerk
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Standard Contract Page 1 of 17
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Board of Supervisors
Department Contract
Representative
Penelope Chan
Telephone Number 909-387-4886
Contractor Cit of San Bernardino
Contractor Representative Francisco Hernandez
Telephone Number 909-384-5740
Contract Term 03/10/2026 03/09/2028
Ori inal Contract Amount Not-to-Exceed $100,000
Amendment Amount
Total Contract Amount Not-to-Exceed $100,000
Cost Center 1025001000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services
provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and
initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety,
economic well-being, education, recreation, and other public services that enhance quality of life, and meet the
needs of the County’s citizens;
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities
to provide certain services to County residents;
WHEREAS, the County desires to provide funding to the City of San Bernardino (Contractor) to assist with the
purchase of one tactical robot for the Contractor’s Police Department (Services);
WHEREAS, the County would like Contractor to manage and provide the Services;
WHEREAS, the County finds Contractor qualified to be provided the funding for the Services;
WHEREAS, providing funding to Contractor serves the public purpose of providing for the health and safety
needs of the County residents through the acquisition of a tactical robot to help support tactical operations,
humanitarian responses, and search-and-secure missions, enhance safety for officers, K-9s, and involved
parties, and reduce risk during critical incidents;
WHEREAS, the County residents of San Bernardino and the surrounding communities of the Fifth District will
be served by the Services; and
Contract Number
SAP Number
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WHEREAS, the County desires that such Services be provided by Contractor and Contractor agrees to perform
these services as set forth below.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor for the Services.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used to support Contractor with costs related to the
purchase of one tactical robot for the Contractor’s Police Department.
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on-
site inspection of the Services for the duration of this Contract. Contractor will ensure that its
employees or agents furnish any information that in the judgment of the County, may be relevant
to a question of compliance with contractual conditions, or the effectiveness, legality, and
achievements of the program.
B.3 Contractor shall provide the County all documentation regarding the scope of Services covered
by this Contract that the County requests from Contractor within 10 days of County’s request
unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the Project
within 60 days of project completion.
B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of
the total cost of the purchase, which is estimated in excess of $200,000. Contractor’s matching
contribution will be a minimum of $100,000.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the
Contract, shall be valid only when reduced to writing, executed and attached to the original
Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either
in whole or in part. Any attempt by Contractor to assign any performance of the terms of this
Contract shall be null and void and shall constitute a material breach of this Contract.
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other
contractors for the same or similar services. The County does not guarantee or represent that the
Contractor will be permitted to perform any minimum amount of work, or receive compensation
other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its
own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not
apply to those costs and attorney’s fees directly arising from a third-party legal action against a
party hereto and payable under Indemnification and Insurance Requirements.
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C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which
they are assigned to perform Services; (b) do not use legal or illegal substances in any manner
which will impact their ability to provide Services to the County; and (c) are not otherwise
disqualified from performing the Services under applicable law. If requested by the County and
not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s
sole expense, on all its personnel providing Services. If requested by the County, Contractor shall
provide the results of the background check of each individual to the County. Such background
check shall be in the form generally used by Contractor in its initial hiring of employees or
contracting for contractors or, as applicable, during the employment-screening process but must,
at a minimum, have been performed within the preceding 12-month period. Contractor personnel
who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to
work on County property or Services, and County shall have the right, at its sole option, to refuse
access to any Contractor personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10)
business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including
subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the
policies, procedures, and rules of the County regarding health and safety, and personal,
professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet,
security, and/or other applicable standards, policies, practices, processes, procedures, and
controls of the County; and (d) abide by all laws applicable to the County facilities and the
provision of the Services, and all amendments and modifications to each of the documents listed
in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or
modifications thereto, may be communicated orally or in writing to Contractor or Contractor
personnel or may be made available to Contractor or Contractor personnel by conspicuous
posting at a County facility, electronic posting, or other means generally used by County to
disseminate such information to its employees or contractors. Contractor shall be responsible for
the promulgation and distribution of County Policies to Contractor personnel to the extent
necessary and appropriate.
County shall have the right to require Contractor’s employees, agents, representatives and
subcontractors to exhibit identification credentials issued by County in order to exercise any right
of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying
information concerning persons receiving Services pursuant to this Contract, except for statistical
information not identifying any participant. Contractor shall not use or disclose any identifying
information for any purpose other than carrying out the Contractor's obligations under this Contract,
except as may otherwise be required by law. This provision will remain in force even after the
termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor
shall not change the primary contact without written acknowledgement to the County. Contractor
will also designate a back-up point of contact in the event the primary contact is not available.
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C.12 County Representative
The Fifth District Supervisor or his/her designee shall represent the County in all matters
pertaining to the Services to be rendered under this Contract, including termination and
assignment of this Contract, and shall be the final authority in all matters pertaining to the
Services/Scope of Work by Contractor. Except as provided under Section D of this Contract or
as otherwise delegated by the Board of Supervisors, if this Contract was initially approved by the
San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all
amendments to this Contract.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles,
facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees
or agents. Such repairs shall be made immediately after Contractor becomes aware of such
damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The
Contractor, as determined by the County, shall repay all costs incurred by the County for such
repairs, by cash payment upon demand, or County may deduct such costs from any amounts due
to the Contractor from the County, as determined at the County’s sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any federal department or agency. (See the following United States General
Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be
registered with the California Secretary of State, they are registered and in good standing with
the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a
material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s
employees, while performing service for the County, on County property, or while using County
equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or
an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be
under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another
person, except where Contractor or Contractor’s employee who, as part of the
performance of normal job duties and responsibilities, prescribes or administers
medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County
property, or using County equipment, of the County’s objective of a safe, healthful and productive
work place and the prohibition of drug or alcohol use or impairment from same while performing
such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the
Contractor has with the County, if the Contractor or Contractor’s employees are determined by
the County not to be in compliance with above.
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C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of the respective parties,
provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250,
13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and
Housing Act and other applicable Federal, State and County laws and regulations and policies
relating to equal employment and contracting opportunities, including laws and regulations
hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with
higher levels of post-consumer recycled content. Environmentally preferable goods and materials
must perform satisfactorily and be available at a reasonable price. The County requires
Contractor to use recycled paper for any printed or photocopied material created as a result of
this Contract. Contractor is also required to use both sides of paper sheets for reports submitted
to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste
Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s
environmentally preferable purchases. Contractor must also be able to report on environmentally
preferable goods and materials used in the provision of their service to the County, utilizing a
County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose
position in the County enables him/her to influence any award of the Contract or any competing
offer, shall have any direct or indirect financial interest resulting from the award of the Contract or
shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration
such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any
items of value to any officer, employee or agent of the County in an attempt to secure favorable
treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any
improper consideration as described in the preceding paragraph was offered to any officer,
employee or agent of the County with respect to the proposal and award process. This prohibition
shall apply to any amendment, extension or evaluation process once a contract has been
awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit
(either directly or through an intermediary) improper consideration from Contractor. The report
shall be made to the supervisor or manager charged with supervision of the employee or the
County Administrative Office. In the event of a termination under this provision, the County is
entitled to pursue any available legal remedies.
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C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other
dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof,
the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Contract are specifically
made severable. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required
by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The
Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of
this Contract. Contractor will notify County immediately of loss or suspension of any such
licenses, permits and/or certifications. Failure to maintain a required license, permit and/or
certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor
has made a material misstatement or misrepresentation or that materially inaccurate information
has been provided to the County, this Contract may be immediately terminated. If this Contract
is terminated according to this provision, the County is entitled to pursue any available legal
remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable
manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by,
storage, disclosure, publication, dissemination to and/or use by third parties of, confidential
information that is either: (1) provided by the County to Contractor or an agent of Contractor or
otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2)
acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this
Contract. For purposes of this provision, confidential information means any data, files, software,
information or materials in oral, electronic, tangible or intangible form and however stored, compiled
or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial
data, trade secrets, equipment specifications, user lists, passwords, research data, and technology
data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential
situation is delaying or threatens to delay the timely performance of this Contract, that party shall,
within twenty-four (24) hours, give notice thereof, including all relevant information with respect
thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor
pursuant to the Contract shall be considered property of the County upon payment for Services
(and products, if applicable). All such items shall be delivered to County at the completion of work
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under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless
otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances
and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this
Contract and demonstrate accountability for Contract performance. All records shall be complete
and current and comply with all Contract requirements. Failure to maintain acceptable records
shall be considered grounds for withholding of payments for invoices submitted and/or termination
of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of
Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting
format. Records should include primary source documents. Fiscal records shall be kept in
accordance with Generally Accepted Accounting Principles and must account for all funds,
tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate
Office of Management and Budget (OMB) Circulars, which state the administrative requirements,
cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or
employment arrangement between the Parties hereto, nor shall either Party have the right, power
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party
hereto.
C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the
Contract or Contractor’s relationship with County may be made or used without prior written
approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an
independent capacity and not as officers, employees, or agents of the San Bernardino County.
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by
the other party, or the failure by a party to exercise its rights upon the default of the other party,
shall not constitute a waiver of such party’s right to insist and demand strict compliance by the
other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion,
before entering into Contracts with or otherwise engaging any subcontractors who may supply
any part of the Services to County. At County’s request, Contractor shall provide information
regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel
including, if requested by the County, resumes of proposed subcontractor personnel. Contractor
shall remain directly responsible to County for its subcontractors and shall indemnify County for
the actions or omissions of its subcontractors under the terms and conditions specified in Section
G. All approved subcontractors shall be subject to the provisions of this Contract applicable to
Contractor Personnel.
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For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms
and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as
specified by County.
C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in
Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter
into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with
Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts
with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way
concerning the Goods or Services provided under this Contract is served upon Contractor or County,
such party agrees to notify the other party in the most expeditious fashion possible following receipt
of such subpoena or other legal process. Contractor and County further agree to cooperate with the
other party in any lawful effort by such other party to contest the legal validity of such subpoena or
other legal process commenced by a third party as may be reasonably required and at the expense
of the party to whom the legal process is directed, except as otherwise provided herein in connection
with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for its
convenience, with or without cause, with a thirty (30) day written notice of termination. Such
termination may include all or part of the Services described herein. Upon such termination,
payment will be made to the Contractor for Services rendered and expenses reasonably incurred
prior to the effective date of termination. Upon receipt of termination notice Contractor shall
promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver
promptly to County and transfer title (if necessary) all completed work, and work in progress,
including drafts, documents, plans, forms, data, products, graphics, computer programs and
reports.
County may immediately terminate this Contract upon the termination, suspension,
discontinuation or substantial reduction in County funding for the Contract activity or if for any
reason the timely completion of the Services described in Section A or B under this Contract is
rendered improbable, infeasible or impossible.
Upon Contract termination, Contractor shall immediately transfer to County all County Funds on
hand at the time of expiration and any accounts receivable attributable to the use of County Funds.
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue of any action
or claim brought by any party to this Contract will be the Superior Court of California, San
Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the
court, which would allow them to request or demand a change of venue. If any action or claim
concerning this Contract is brought by any third party and filed in another venue, the parties hereto
agree to use their best efforts to obtain a change of venue to the Superior Court of California, San
Bernardino County, San Bernardino District.
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C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between
its officers, employees, or subcontractors and the County. Contractor shall make a reasonable
effort to prevent employees, Contractor, or members of governing bodies from using their
positions for purposes that are, or give the appearance of being motivated by a desire for private
gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject
to applicable conflict of interest codes and state law. In the event the County determines a conflict
of interest situation exists, any increase in costs, associated with the conflict of interest situation,
may be disallowed by the County and such conflict may constitute grounds for termination of the
Contract. This provision shall not be construed to prohibit employment of persons with whom
Contractor’s officers, employees, or agents have family, business, or other ties so long as the
employment of such persons does not result in increased costs over those associated with the
employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino
County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated
County employment within the last five years and who are now officers, principals, partners,
associates or members of the business. The information also includes the employment with or
representation of Contractor. For purposes of this provision, “County administrative official” is
defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer
or member of such officer’s staff, County department or group head, assistant department or
group head, or any employee in the Exempt Group, Management Unit or Safety Management
Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also
reserves the right to obtain the requested information by way of a background check performed
by an investigative firm. The Contractor also may be requested to provide information to clarify
initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members,
associates or key employees (as that term is defined herein), within the last ten years, has been
indicted on or had charges brought against it or them (if still pending) or convicted of any crime
or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm,
or any of its partners, principals, members, associates or key employees, has within the last ten
years, been indicted on or had charges brought against it or them (if still pending) or convicted of
any crime or offense involving financial misconduct or fraud. If the response is affirmative, the
Contractor will be asked to describe any such indictments or charges (and the status thereof),
convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals,
members, associates or key employees, within the last ten years, has been the subject of legal
proceedings as defined herein arising directly from the provision of Services by the firm or those
individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction,
or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the
individuals. If the response is affirmative, the Contractor will be asked to describe any such legal
proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service
to the County. “Key employees” do not include clerical personnel providing service at the firm’s
offices or locations.
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C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy,
translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems, and any other materials
or properties developed under this Contract including those covered by copyright, and reserves
the right to authorize others to use or reproduce such material. All such materials developed
under the terms of this Contract shall acknowledge the San Bernardino County as the funding
agency and Contractor as the creator of the publication. No such materials, or properties
produced in whole or in part under this Contract shall be subject to private use, copyright or patent
right by Contractor in the United States or in any other country without the express written consent
of County. Copies of all educational and training materials, curricula, audio/visual aids, printer
material, and periodicals, assembled pursuant to this Contract must be filed with the County prior
to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under
the terms of this Contract are the property of the County. These items must be returned to the
County within ten (10) days, upon written notification to the Contractor. In the event of a failure
to return the documents, the County is entitled to pursue any available legal remedies. In addition,
the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements-Representation (FAR 52.203-18).
In compliance with Federal Acquisition Regulation 52.203-18, Contractor shall not require
employees or subcontractors of Contractor seeking to report waste, fraud, or abuse, to sign
internal confidentiality agreements or statement prohibiting or otherwise restricting such
employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated
investigative or law enforcement representative of a Federal department or agency authorized to
receive such information. To the extent Contractor has required employees or subcontractors to
sign internal confidentiality agreements or statements in the past, Contractor shall notify current
employees and subcontractors that those prohibitions and restrictions are no longer in effect.
Contractor shall include this clause in all subcontracts.
C.47 Use of Biobased Products
Contractor certifies that to the extent biobased products are purchased using Contract funds,
Contractor shall comply with Federal Acquisition Regulation 52.223-1.
C.48 Prohibition on Use of Certain Telecommunications and Video Surveillance Services or
Equipment
In performing under this Contract, Contractor shall not utilize that certain telecommunication and
video surveillance services or equipment specified in Federal Acquisition Regulation 52.204-25.
C.49 Service Contract Labor Standards
To the extent applicable, Contractor agrees to comply with and to provide any information
necessary for the County to comply with Federal Acquisition Regulations 52.222-52, 52.222-53,
and 22.1003-4.
D. TERM OF CONTRACT
The Contract is effective as of March 10, 2026 and expires March 9, 2028 but may be terminated earlier
in accordance with provisions of this Contract.
The County Chief Executive Officer, at the direction of the Fifth District Supervisor, may extend the term
of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the
following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months;
b. Are specifically requested by Contractor;
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c. Will not change the project goals or scope of Services;
d. Are in the best interests of County and Contractor in performing the scope of Services under this
Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $100,000 and is subject
to availability of funds to the County. The consideration to be paid to Contractor, as provided
herein, shall be in full payment for all Contractor’s Services and expenses incurred in the
performance hereof, including travel and per diem.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of
Contractor. This condition however, does not preclude County from providing additional funding
at its sole discretion. For the purpose of this Contract, County shall disburse compensation and
monitor the Contractor’s performance in satisfying the scope of work obligations under the terms
of this Contract.
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by
County, County shall make payment to Contractor within thirty (30) working days after receipt of
Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the
Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity
Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number,
County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format
acceptable to the County for Services performed under this Contract. Contractor shall email
invoice to County Administrative Office-Finance and Administration (County Finance) and shall
include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER
– PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION
PROGRAM — 26-NNN – PO 4100NNNNNN).
Contractor shall submit a final expenditure report documented with “audit ready” supportive
evidence of each expenditure and proof of payment until all funds have been justified 60 days
after project completion. Documentation shall be submitted electronically, and Contractor shall
supply hard copies upon request by County. Supportive evidence shall include, but is not limited
to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing
slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from
County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance.
Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT
NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE
DOCUMENTS.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly
deposited into the Contractor’s designated checking or other bank account. Contractor shall
promptly comply with directions and accurately complete forms provided by County required to
process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal
property taxes levied on Contractor or on any taxes levied on employee wages. The County shall
only pay for any State or local sales or use taxes on the Services rendered or equipment and/or
parts supplied to the County pursuant to the Contract.
F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period
except as approved by County. Contractor shall not use current year funds to pay prior or future
year obligations.
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F.6 Funds made available under this Contract shall not supplant any federal, state or any
governmental funds intended for Services of the same nature as this Contract. Contractor shall
not claim reimbursement or payment from County for, or apply sums received from County with
respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or
indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue
source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when
travel is pursuant to this Contract and for which reimbursement is sought from the County. In
addition, Contractor is encouraged to utilize local transportation Services, including but not limited
to, the Ontario International Airport.
F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the County shall be the Contractor’s sole expense and shall not
be charged as a cost under this Contract.
F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate
costs associated with the scope of Services by the termination date of this Contract, the
Contractor shall return the County funds, or any unused portion thereof, to the County in
accordance with any directions issued by County staff, within 60 days of written demand for the
return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and
hold harmless the County and its authorized officers, employees, agents and volunteers from any
and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause
whatsoever, including the acts, errors or omissions of any person and for any costs or expenses
incurred by the County on account of any claim except where such indemnification is prohibited
by law. This indemnification provision shall apply regardless of the existence or degree of fault
of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well
as “passive” negligence but does not apply to the County’s “sole negligence” or “willful
misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability
policies shall contain additional endorsements naming the County and its officers, employees,
agents and volunteers as additional named insured with respect to liabilities arising out of the
performance of Services hereunder. The additional insured endorsements shall not limit the
scope of coverage for the County to vicarious liability but shall allow coverage for the County to
the full extent provided by the policy. Such additional insured coverage shall be at least as broad
as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation
against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and
Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-
insurance programs carried or administered by the County.
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G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable
separately to each insured and there will be no cross liability exclusions that preclude coverage
for suits between the Contractor and the County or between the County and any other insured or
additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the
Contract evidencing the insurance coverage at the time the Contract is executed, additional
endorsements, as required shall be provided prior to the commencement of performance of
Services hereunder, which certificates shall provide that such insurance shall not be terminated
or expire without thirty (30) days written notice to the Department, and Contractor shall maintain
such insurance from the time Contractor commences performance of Services hereunder until
the completion of such Services. Within fifteen (15) days of the commencement of this contract,
the Contractor shall furnish a copy of the Declaration page for all applicable policies and will
provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers
authorized to do business in the State of California and with a minimum “Best” Insurance Guide
rating of “A- VII”.
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and
approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the
requirements, is not procured, or is canceled and not replaced, the County has the right but not
the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any
premiums paid by the County will be promptly reimbursed by the Contractor or County payments
to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk
Management or designee is authorized, but not required, to reduce, waive or suspend any
insurance requirements whenever Risk Management determines that any of the required
insurance is not available, is unreasonably priced, or is not needed to protect the interests of the
County. In addition, if the Department of Risk Management determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Director of Risk Management or designee is authorized, but
not required, to change the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be
made by amendment to this contract. Contractor agrees to execute any such amendment within
thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any
of the insurance and indemnification requirements will not be deemed as a waiver of any rights
on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage
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does not meet the specified requirements, the Contractor agrees to amend, supplement or
endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor
shall secure and maintain throughout the contract term the following types of insurance with limits
as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation
insurance or a state-approved, self-insurance program in an amount and form to meet
all applicable requirements of the Labor Code of the State of California, including
Employer’s Liability with $250,000 limits covering all persons including volunteers
providing Services on behalf of the Contractor and all risks to such persons under this
contract.
If Contractor has no employees, it may certify or warrant to the County that it does not
currently have any employees or individuals who are defined as “employees” under
the Labor Code and the requirement for Workers’ Compensation coverage will be
waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California
or Federal law, volunteers for such entities are required to be covered by Workers’
Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability
Insurance covering all operations performed by or on behalf of the Contractor providing
coverage for bodily injury and property damage with a combined single limit of not less
than one million dollars ($1,000,000), per occurrence. The policy coverage shall
include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations).
d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO
Business Auto coverage form for all owned, hired and non-owned automobiles or
symbol 1 (any auto). The policy shall have a combined single limit of not less than
one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in
performance of contract Services, the automobile liability policy shall have a combined
single limit of two million dollars ($2,000,000) for bodily injury and property damage
per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be
used to comply with limits or other primary coverage requirements. When used, the
umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a “dropdown” provision providing primary
coverage for any liability not covered by the primary policy. The coverage shall also
apply to automobile liability.
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H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all
records, books, papers, documents, corporate minutes, and other pertinent items as requested,
and shall have absolute right to monitor the performance of Contractor in the delivery of Services
provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring
conducted. Contractor shall cooperate with the County in the implementation, monitoring, and
evaluation of this Contract and comply with any and all reporting requirements established by the
County.
H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and
records shall be available for examination and audit by County representatives for a period of
three years after final payment under this Contract or until all pending County, State and Federal
audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other
remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall
be established at the sole discretion of County; and/or
b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in
breach, which reimbursement shall not be entitled to later recovery; and/or
c. Withhold funds pending duration of the breach; and/or
d. Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to Item “b” of this paragraph; and/or
e. Terminate this Contract immediately and be relieved of the payment of any consideration to
Contractor. In the event of such termination, the County may proceed with the work in any
manner deemed proper by the County. The cost to the County shall be deducted from any
sum due to the Contractor under this Contract and the balance, if any, shall be paid by the
Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in
the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of San Bernardino
710 North D St.
San Bernardino, CA 92401
Attn: Francisco Hernandez
Assistant Police Chief
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as
provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated
by reference, and other documents incorporated herein, represents the final, complete and exclusive
agreement between the parties hereto. Any prior agreement, promises, negotiations or representations
relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This
Contract is executed without reliance upon any promise, warranty or representation by any party or any
representative of any party other than those expressly contained herein. Each party has carefully read
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this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract 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 Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by
facsimile, PDF or other email 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 Contract upon request.
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract
to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Assistant County
Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
B
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name
Eric Levitt
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
B Dated:
Deputy ddress
710 North D St.
San Bernardino, CA 92401
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PRESENTATIONS
March 4, 2026
Honorable Mayor and City Council Members
Helen Tran, Mayor
Mayor's Office
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PUBLIC HEARING
March 4, 2026
Honorable Mayor and City Council Members
Gabriel Elliott, Director of Community Development & Housing
Community Development & Housing
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-015 and:
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed
Substantial Amendment Number One to the Fiscal Year (FY) 2025-2026
Annual Action Plan (AAP); and
2. Approve the Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan to increase funding for the SB HOPE Campus by
$1,979,926.86; and
3. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents, as necessary, to effectuate the submittal
of the proposed Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan to HUD; and
4. Authorize the Director of Finance and Management Services to amend the
Fiscal Year (FY) 2025–2026 Budget in accordance with the approved
Substantial Amendment, allocating a total of $1,979,926.86 from prior-year
unspent CDBG funds, including: $64,627.53 from FY 2021–2022, $305,884.60
from FY 2022–2023, $185,642.91 from FY 2023–2024, $58,392.47 from FY
2024–2025, $92,574.29 from FY 2025–2026, and $1,272,805.06 from CDBG-
CV FY 2020–2021; and
5. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2025–2026 Budget to reflect a technical correction revising CDBG
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(FUND 119) unearned revenues to $6,417,546.41 and CDBG-CV (FUND 131 &
139 cumulatively) unearned revenues to $2,163,968.63.
City Manager's Comments
The City Manager concurs with the Community Development Department
recommendation.
Executive Summary
The Department of Housing and Urban Development (HUD) requires the preparation
of an Annual Action Plan (AAP) to carry out the 5-Year Consolidated Plan. The AAP
described specific projects and activities to be undertaken during the program year with
federal funds including CDBG and CDBG-CV. The SB HOPE Campus project was
originally funded with FY 23-24 and FY 25-26 CDBG funds and requires additional
funds. Staff have determined that previous unspent CDBG and CDBG-CV funds are
available for reallocation towards the SB HOPE campus. HUD regulations require a
substantial amendment to reallocate funding, including a 30-day public notice and
Public Hearing. The public will have the opportunity to comment on the proposed
Substantial Amendment Number One to FY 2025-2026 AAP for the increased funding
for the SB HOPE Campus from $2,975,579 to $4,955,505.86.
Background
The City received CDBG and CDBG-CV funds from HUD. CDBG funds are available
to provide decent housing, suitable living environments, and expanded economic
opportunities, principally for low- and moderate-income households. CDBG-CV funds
are available to support activities resulting from the COVID-19 pandemic. Each year,
the City prepares an AAP that describes how it will spend its CDBG and other federal
funds it expects to receive from HUD.
In accordance with HUD regulations, the City is required to develop and implement an
AAP consistent with the City’s Consolidated Plan. The AAP outlines specific projects
and activities to be undertaken during the program year. Periodically, adjustments to
the AAP are necessary to address evolving community needs, funding availability, and
program priorities. When a proposed change meets the criteria for Substantial
Amendment, such as a significant reallocation of funds, changes in project scope, or
the addition of new activities, the City must amend the AAP and follow public
participation requirements.
As part of the amendment process, the City published public notices and provided
opportunities for the public to review and provide comments in accordance with its
Citizen Participation Plan. To meet these requirements, the City issued a public notice
in English and Spanish on January 29, 2026, in the newspaper, and posted the notice
on the City’s website. The notice provided details on the proposed Substantial
Amendment, the availability and locations of the draft document for public review, and
instructions for submitting comments. A 30-day public comment period was held from
January 29, 2026, to February 28, 2026, in compliance with HUD’s public participation
guidelines.
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Discussion
The Substantial Amendment proposes modifications to the City’s FY 2025-2026 AAP
by using unallocated CDBG funds and CDBG-CV for the SB HOPE Campus. The SB
HOPE Campus is a city project transforming the former School of Hope site at 796 E
6th Street into a navigation center to support people experiencing homelessness. The
SB HOPE campus will provide interim housing, supportive services, recuperative care,
treatment for substance use disorders, a pathway to stable housing, and integrated
services to connect housing with treatment and health services. The tables below show
the existing CDBG funding for the SB HOPE Campus and the proposed reallocation of
additional CDBG and CDBG-CV funding through the Substantial Amendment:
Existing SB HOPE Campus Activity Summary:
Previously approved SB Hope Campus CDBG allocations include:
FY Funding Activity Action Amount
23-24 CDBG SB Hope Campus Open Activity $1,901,365
25-26 CDBG SB Hope Campus Open Activity $1,074,214
Total Allocation:$2,975,579
Substantial Amendment Summary:
A summary of the substantial amendment actions are as follows:
FY Funding Activity Action Amount
20-21 CDBG-CV Unallocated Funds Reallocation $1,272,805.06
21-22 CDBG Unallocated Funds Reallocation $ 64,627.53
22-23 CDBG Unallocated Funds Reallocation $ 305,884.60
23-24 CDBG Unallocated Funds Reallocation $ 185,642.91
24-25 CDBG Unallocated Funds Reallocation $ 58,392.47
25-26 CDBG Pearl Transit Cancel Activity $ 59,262.00
25-26 CDBG WPCC Partial Reallocation $ 33,312.29
Total Amount for Reallocation:$1,979,926.86
Upon approval of the FY 25-26 Substantial Amendment Number One to reallocate
$1,979,926.86 to the SB HOPE campus, the total funding available to the SB HOPE
Campus will be $4,955,505.86.
2021-2025 Strategic Targets and Goals
The request for the Substantial Amendment Number One to the 2025-2026 AAP aligns
with Key Target No.3 – Improved Quality of Life, and the 2025-2029 Consolidated Plan
goal to strengthen Homeless Prevention Services. The SB Hope Campus will provide
homeless and homeless prevention services, help expand interim and emergency
housing capacity, reduce unsheltered homelessness, and improve stabilization
outcomes.
Fiscal Impact
Approval of this item increases commitments in the CDBG and CDBG-CV budget by
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$1,979,926.86 which is exceeding the amount already previously approved by the
Mayor and City Council. However, there is no fiscal impact to the General Fund as
these are Federal grant funds.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-015 of the Mayor and City Council of the City of
San Bernardino, California, approving substantial Amendment Number One to the
Fiscal Year 2025-2026 Annual Action Plan, allocating Community Development Block
Grant (CDBG) and CDBG Cares Act (CDBG-CV) funds from previous years to the SB
Hope Campus (All Wards):
1. Conduct a Public Hearing to obtain citizens’ comments on the proposed
Substantial Amendment Number One to the Fiscal Year (FY) 2025-2026
Annual Action Plan (AAP); and
2. Approve the Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan to increase funding for the SB HOPE Campus by
$1,979,926.86; and
3. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents, as necessary, to effectuate the submittal
of the proposed Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan to HUD; and
4. Authorize the Director of Finance and Management Services to amend the
Fiscal Year (FY) 2025–2026 Budget in accordance with the approved
Substantial Amendment, allocating a total of $1,979,926.86 from prior-year
unspent CDBG funds, including: $64,627.53 from FY 2021–2022, $305,884.60
from FY 2022–2023, $185,642.91 from FY 2023–2024, $58,392.47 from FY
2024–2025, $92,574.29 from FY 2025–2026, and $1,272,805.06 from CDBG-
CV FY 2020–2021; and
5. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2025–2026 Budget to reflect a technical correction revising CDBG
(FUND 119) unearned revenues to $6,417,546.41 and CDBG-CV (FUND 131
& 139 cumulatively) unearned revenues to $2,163,968.63.
Attachments
Attachment 1 Substantial Amendment One to the Fiscal Year 2025-
2026 Annual Action Plan
Attachment 2 Resolution No. 2026-015
Attachment 3 Proof of Publication English
Attachment 4 Proof of Publication Spanish
Ward:
All Wards
Synopsis of Previous Council Actions:
Packet Page. 43
3
1
7
8
On June 18, 2025, the Mayor and City Council adopted Resolution No. 2025-308
approving the 2025-2026 Annual Action Plan.
CC: Eric Levitt, City Manager
Packet Page. 44
FY2025-2026 ANNUAL
ACTION PLAN
Community Development and Housing Department
Packet Page. 45
Annual Action Plan
2025
1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources - 91.220(c)(1,2)
Introduction
Over the five-year period covered by this ConPlan FY 2025–2029, the City anticipates receiving an estimated total of approximately $19,023760
million in federal entitlement grants from HUD, CDBG, HOME, and ESG funds. These funding sources provide essential support for a wide range
of eligible housing, community development, and homelessness prevention activities.
The City will coordinate these investments with other local and regional funding sources—including state housing programs, Continuum of Care
funding, and private sector investments—to ensure a comprehensive and sustainable approach to meeting the needs of low- and moderate-
income residents. Resources will be aligned with the priority needs, goals, and outcomes identified through the planning process, including
community engagement and market analysis.
Anticipated Resources
Funds Amount
Available
Reminder of
ConPlan
Allocation: $ Income:
$ Resources:
$ $
CDBG public -
federal Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 2,712,293.00 0.00 0.00 2,712,293.00 10,184,849.00
funds available is based
on allocations for FY
2025-2026
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Annual Action Plan
2025
2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Source of
Funds Amount
Available
Reminder of
ConPlan
Allocation: $ Income:
$ Resources:
$ $
HOME public -
federal Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction for
ownership
TBRA 1,149,833.55 0.00 0.00 1,149,833.55 4,303,055.00
HOME funds available is
based on allocations for
FY 2025-2026
federal rehab for
transitional housing
Financial Assistance
Overnight shelter
Rapid re-housing
(rental assistance)
Rental Assistance
Services
Transitional housing 241,347.00 0.00 0.00 241,347.00 959,283.00
funds available is based
on allocations for FY
2025-2026
Table 1 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
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Annual Action Plan
2025
3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leverage refers to the strategic combination of diverse funding sources, including local, state, or further federal financial support, with HUD
funding to improve project efficiency and take advantage of economies of scale. The City seeks to utilize its federal resources alongside state,
local, and private funding to create high-quality, affordable housing for its residents. Extra resources to meet the requirements of low- and
moderate-income residents are obtained from several sources, including:
Federal Resources
• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
• Tax Exempt Bond Financing
• Community Investment Funds from Dignity Health
State Resources
• Tax-exempt bonds
• State Low-Income Housing Tax Credit Program
• No Place Like Home
• Community Reinvestment Funds
• Permanent Local Housing Allocation (PLHA) from the California State Department of Housing
• Veteran Housing and Homeless Prevention Program
Local Resources
• San Bernardino County Continuum of Care
• HACSB
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
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Annual Action Plan
2025
4
OMB Control No: 2506-0117 (exp. 09/30/2021)
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
According to HUD regulations, ESG recipients are required to match their annual ESG allocation at a rate of 100 percent. Agencies receiving ESG
funds fulfill the match requirement by utilizing volunteer efforts, in-kind donations, and funding from various local, state, and federal initiatives.
The City will use its HOME funds alongside additional housing resources as needed. HOME non-federal match funds will be tracked, including all
additional funds spent in excess of necessary match will be recorded by the City and submitted to HUD as a component of the CAPER annually.
Packet Page. 49
Annual Action Plan
2025
5
OMB Control No: 2506-0117 (exp. 09/30/2021)
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
The City’s 2021-2029 Housing Element update revealed that many vacant residential sites downtown
are surplus. The city plans to collaborate with nonprofits to sell these sites for deed-restricted affordable
housing. Most of these vacant lands are zoned for multi-family use or can be upzoned for higher density.
All moderate and lower-income sites are infilled, meaning they have access to water, sewer, and dry
infrastructure, with priority given for affordable housing connections. Sites for above-moderate income
are spread across the southern, central, and northern areas of the district.
The City will maintain funding for its Infill Housing Program and the Owner-Occupied Residential
Rehabilitation Program (OORP). Via the City’s Infill Housing Program, the City intends to purchase,
renovate vacant and/or underused land parcels and develop housing accessible to low- and moderate-
income families. The Owner-Occupied Residential Rehabilitation Program will offer funding for the
renovation of single-family homes owned by low- and moderate-income families.
Discussion
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Annual Action Plan
2025
6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.220(c)(3)&(e)
Goals Summary Information
Preserve and
Rehabilitate Housing Housing CityWide Rehabilitate Housing $1,044,187.00 Household Housing Unit
2
Preservation of
Affordable Housing
Housing CityWide Prevention Services $281,912.00
ESG:
$258,646.00
255 Persons Assisted
Other: 4140 Other
3
Prevention Housing CityWide Development $1,784,964.00 Infrastructure Activities other
than Low/Moderate Income
Housing Benefit: 850 Persons
Assisted
4
Development Community
Development
CityWide Planning and
Community Resilien
$50,000.00 Infrastructure Activities other
than Low/Moderate Income
Housing Benefit: 200 Persons
Assisted
5
CityWide $80,000.00 than Low/Moderate Income
Housing Benefit: 2700 Persons
Assisted
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Annual Action Plan
2025
7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Planning &
Administration CityWide Administration $549,216.00
HOME:
$116,021.00
Table 2 – Goals Summary
Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal Description
2 Goal Name Development and Preservation of Affordable Housing
Goal Description
3 Goal Name Provide Homeless Prevention Housing
Goal Description
4 Goal Name Community Development
Goal Description
5 Goal Name Support Fair Housing
Goal Description
6 Goal Name Planning & Administration
Goal Description
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Annual Action Plan
2025
8
OMB Control No: 2506-0117 (exp. 09/30/2021)
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Annual Action Plan
2025
9
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-35 Projects - 91.220(d)
Introduction
The City intends to spend their annual allocation of CDBG, HOME, and ESG funds, on eligible projects in
the following categories: promote fair housing, new affordable rental housing, provide supportive
services to homeless individuals and those with special needs, and program planning and
administration. CDBG funding also includes the repayment of the City's Section 108 Loan. FY2025-26
HOME funding will be dedicated to funding a large affordable rental multi-unit housing development.
1 CDBG FY25/26 SB HOPE Campus Phase I
2 CDBG FY24/25 Section 108 Debt Repayment
3 CDBG FY24/25 Inland Fair Housing Mediation Board
4 CDBG FY25/26 Cedar House Overdose Prevention
5 CDBG FY24/25 San Bernardino PD Quality of Life Team
6 CDBG FY25/26 Pearl Transit
7 CDBG FY25/26 Whole Person Care Clinic (WPCC)
9 HOME FY25/26 Jamboree Project-Affordable Housing
10 FY24/25 CDBG Program Administration
12 FY25/26 ESG
13 HOME FY25/26 HOME Program Administration
Table 3 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Projects in AP-35 are consistent with the 2025-2029 Consolidated Plan priority needs and goals. These
projects, activities and programs have been identified by community engagement program and needs
derived from data analysis. The City continues to support the development of HOPE Campus, Police
Department neighborhood engagement program, and fair housing promotion and discrimination
mediation. Public services CDBG and ESG funding was awarded to applicants who best serve the
homeless and at-risk for homeless populations.
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Annual Action Plan
2025
10
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
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OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name CDBG FY25/26 SB HOPE Campus Phase I
Target Area 25/29 CityWide
Goals Supported Provide Homeless Prevention Housing
Needs Addressed Provide Homeless Prevention Services
Funding CDBG: $962,387.00
Description FY2025 funds will be added to FY2023 funds to help design and
construct Phase 1 to eventual Navigation Center (HOPE Campus)
Homeless Outreach Prevention Education Campus. LMC-Low/Mod
Limited Clientele Benefit, Matrix code 11-public facilities.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
250 homeless individuals and families
Location Description 796 E. 6th Street, San Bernardino City. This parcel of land is currently
owned by the City.
Planned Activities Provide Homeless and Homeless Prevention Shelter. Temporary
emergency shelter space for households and individuals for Phase 1.
2 Project Name CDBG FY24/25 Section 108 Debt Repayment
Target Area 25/29 CityWide
Goals Supported Planning & Administration
Needs Addressed Community Development
Strategic Resource Planning and Community Resilien
Funding CDBG: $688,778.00
Description Section 108 Loan Repayment Program to pursue physical and economic
revitalization that will provide jobs. Full repayment is expected 2026.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
It is estimated that there will be 600 jobs created
Location Description 17.43-acre commercial property located along Highland Avenue
between Arden Street and Guthrie Street in the City of San Bernardino.
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Planned Activities The City has moved forward with the sale of the property and using a
Section 108 loan for the repayment of the Arden Guthrie Project. The
City is currently in legal review for a one-year renewal with Rich
Development, to develop the properties. The timeline of 6-12 months
from executing the agreement to move into a disposition agreement.
The developer has secured letters of interest and lease commitments
from several major retailers directly associated with the project.
3 Project Name CDBG FY24/25 Inland Fair Housing Mediation Board
Target Area 25/29 CityWide
Goals Supported Support Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $80,000.00
Description Inland Fair Housing Mediation Board will provide activities that will
assist the City in furthering fair housing.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
2,700 Individuals
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or
referral of housing discrimination complaints free of charge in the City of
San Bernardino. IFHMB offers workshops to educate housing providers,
tenants, homeowners, and financial and lending institutions on fair
housing laws.
4 Project Name CDBG FY25/26 Cedar House Overdose Prevention
Target Area 25/29 CityWide
Goals Supported Community Development
Needs Addressed Community Development
Funding CDBG: $25,000.00
Description Recovery services for drug and alcohol addiction. Outreach to area
organizations and businesses offering to share our Overdose Prevention
Training and information on our residential and outpatient services with
their employees and clientele.
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Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
240 individuals will benefit
Location Description Citywide
Planned Activities Cedar House Life Change Center Overdose Prevention will offer 1-2
training workshops where clinical staff will make connections with at-
risk populations who attend. The workshops provide in depth overview
of the dangers of overdose and demonstrations. Training materials and
doses of naloxone are distributed to all trainees. Cedar House provides
follow-up support.
5 Project Name CDBG FY24/25 San Bernardino PD Quality of Life Team
Target Area 25/29 CityWide
Goals Supported Community Development
Needs Addressed Community Development
Funding CDBG: $196,912.00
Description Support Quality of Life Team salaries and equipment needs including an
appropriate vehicle needed to assist local businesses, the homeless, and
homeless encampments as well as participate in community clean up
activities related to homeless encampment areas.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
100 individuals
Location Description Citywide
Planned Activities The Quality of Life Team members will work with City Police Department
to engage with and support to local nonprofits and residents of LMI
areas.
6 Project Name CDBG FY25/26 Pearl Transit
Target Area 25/29 CityWide
Goals Supported Community Development
Needs Addressed Community Development
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Funding CDBG: $160,000.00
Description Pearl Transit will provide oral health outreach for low-income individuals
and families. LMC, 05M-Health Services
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
3,800 individuals
Location Description Citywide
Planned Activities Pearl transit Oral Health Program provides no-cost complete dental care
is delivered directly to low income or homeless populations, followed by
case management.
7 Project Name CDBG FY25/26 Whole Person Care Clinic (WPCC)
Target Area 25/29 CityWide
Goals Supported Community Development
Needs Addressed Community Development
Funding CDBG: $50,000.00
Description Short Term Post-Hospitalization program provides up to six months of
housing stability, ensuring eligible clients are receiving medical,
behavioral health, and housing support services. LMC, Matrix 03P
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
200 individuals
Location Description
Planned Activities Whole Person Care Clinic’s Short Term Post-Hospitalization program is
an interim housing site designed to support individuals experiencing
homelessness with medical or behavioral health and recovery services.
WPCC is a 160-bed capacity interim housing site. The program will
provide up to six months of stability, ensuring members receive medical,
behavioral health, and housing support they need during their recovery.
8 Project Name HOME FY25/26 Jamboree Project-Affordable Housing
Target Area 25/29 CityWide
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Goals Supported Development and Preservation of Affordable Housing
Needs Addressed Preserve and Rehabilitate Housing
Funding HOME: $1,034,850.55
Description FY2025 will fund, in part, Jamboree project, a multi-unit rental housing
positioned on 3.5 acres of city-owned land designated to affordable
housing. This project contains 8 units reserved for individuals facing
homeless, 101 affordable rental units for families earning at or below
60% of AMI. Amenities on the site will include: community room and
kitchen, computer lounge, basketball court, swimming pool, and tot lot.
Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
101 indivuduals and families
Location Description The Jamboree project is located on 5th Street and Meridian Avenue.
Planned Activities FY2025 will fund, in part, Jamboree project, a multi-unit rental housing
positioned on 3.5 acres of city-owned land designated to affordable
housing. This project contains 8 units reserved for individuals facing
homeless, 101 affordable rental units for families earning at or below
60% of AMI. Amenities on the site will include: community room and
kitchen, computer lounge, basketball court, swimming pool, and tot lot.
9 Project Name FY24/25 CDBG Program Administration
Target Area 25/29 CityWide
Goals Supported Planning & Administration
Needs Addressed Planning and Administration
Funding CDBG: $549,216.00
Description The City will implement the goals and objectives of the ConPlan by
delivering a variety of housing and community development programs
and activities. The City will also continue to comply with the planning
and reporting requirements of the activities and programs stated in the
Annual Action Plan as well as other CDBG administration regulations.
Target Date 6/30/2026
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Estimate the number
and type of families
that will benefit from
the proposed activities
1
Location Description Citywide
Planned Activities Planning and grant administration and compliance.
10 Project Name FY25/26 ESG
Target Area 25/29 CityWide
Goals Supported Provide Homeless Prevention Housing
Needs Addressed Provide Homeless Prevention Services
Funding ESG: $241,347.00
Description The City will continue to comply with the service and reporting
requirements outlined in the Annual Action Plan and other ESG
administrative regulations. For the FY 2025/26 allocation: $18,101
administration costs Salvation Army: $149,248 Emergency Shelter
operations $15,000 Homeless Prevention $15,000 HMIS Family Services
of Redlands: $60,000 Rapid Rehousing
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities
11 Project Name HOME FY25/26 HOME Program Administration
Target Area 25/29 CityWide
Goals Supported Planning & Administration
Needs Addressed Planning and Administration
Funding HOME: $114,983.00
Description The City will implement the goals and objectives of the ConPlan by
delivering a variety of housing programs and activities. The City will also
continue to comply with the planning and reporting requirements of the
activities and programs stated in the Annual Action Plan as well as other
HOME administration regulations.
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Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
1
Location Description
Planned Activities
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AP-50 Geographic Distribution - 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
The city will use its funding for FY2025-2026 to finance projects targeting low- to moderate-income
individuals and families throughout the City. Funding will also be used for a variety of housing,
community development, economic development, and capital improvement projects.
CDBG, HOME and ESG funds benefit individuals, families, households and homeless populations
throughout the City. Public facilities projects assist residents in census blocks and tracks where 51
percent or more of the households are low- to moderate-income.
According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin,
14.4 percent is Non-Hispanic, White, 13.2 percent is Black, 4.1 percent is Asian, and 8.1 percent is
comprised of two or more races.
While the City has been home to different race and ethnic groups, significant demographic changes have
occurred since 2000. For instance, Whites declined from the majority group (53 percent) in 2000 to only
35 percent by 2019. Hispanics have become the majority at 65 percent of the population. Blacks and
Asians have remained generally stable in number during this time. 2020 Census figures indicate that
Hispanics have continued to increase in number and proportion. Many residents were also born outside
the United States; more than one in five are foreign born, and of those, 80 percent are from Latin
America. Because of the City’s race and ethnic composition, a larger proportion of residents than in
other communities speak languages other than English.
Geographic Distribution
25/29 CityWide 100
Table 4 - Geographic Distribution
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Rationale for the priorities for allocating investments geographically
As part of developing the 2025-2026 Action Plan, the City established priority needs based on an in-
depth analysis of several factors such as housing, homelessness, poverty, special needs, lead hazards,
institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in
the section “AP-20 Annual Goals and Objectives” of this document. The City intends to spend its CDBG
funds in predominantly low-income neighborhoods where residents have the greatest need for
housing/services. Projects are evaluated on a case-by-case basis, while considering emergency needs,
cost effectiveness, feasibility, and availability of other funding to address specific needs.
Discussion
The City will allocate its funds to organizations that will provide housing and support services to low-
income households. The process for every annual action plan requires the City to prioritize the use of its
CDBG funding for housing and community development activities, including the preservation and
conservation of affordable housing, activities, public improvements, and public facilities.
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Affordable Housing
AP-55 Affordable Housing - 91.220(g)
Introduction
Homeless 600
Non-Homeless 0
Special-Needs 0
Total 600
Table 5 - One Year Goals for Affordable Housing by Support Requirement
Rental Assistance 0
The Production of New Units 101
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 111
Table 6 - One Year Goals for Affordable Housing by Support Type
Discussion
California’s housing crisis is a half century in the making. Decades of underproduction combined with
exclusionary policies have left housing supply far behind need and costs soaring. As a result, millions of
Californians, disproportionately lower income and people of color, must make hard decisions about
paying for housing at the expense of food, health care, childcare, and transportation. This crisis is
affecting every region of the state, including southern California.
State and local agencies are working to support housing development to lower-income households.
Every eight years, the state of California sets a target for homes needed for each income level to meet
the housing needs of all Californians. Local governments must plan for enough housing to meet the
housing need in their communities. As described in Chapter 4, SCAG finalized a RHNA allocation for each
member jurisdiction. The City was assigned a future need for 1,415 very low-income units, of which half
(703 units) are the projected need for extremely low-income households from 2021 to 2029.
The City is facilitating and encouraging the development and rehabilitation of existing housing to meet
the needs for ELI housing. Projects from groups such as National Core— which is currently replacing the
400-unit Waterman Gardens public housing project with new affordable housing and supportive services
on-site—are providing much-needed housing options for extremely low-income residents. Organizations
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like NHPS, Mary Erickson, and many other nonprofit and for-profit organizations are building infill
housing that is affordable to lower income households.
Accessory dwelling units can also provide affordable housing. Recent state laws have streamlined the
development of ADUs, making them increasingly affordable and accessible to build. ADUs can provide
free housing and lodging for relatives or be rented at affordable rates.
The city will continue to partner with the Housing Authority of the County of San Bernardino (HACSB),
the public housing authority (PHA) for the county, which issues rental vouchers to bridge the gap
between income, affordability, and market rate housing. The two forms of vouchers provided to aid
tenants throughout the city are tenant based and project-based vouchers issued to residents in San
Bernardino City.
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AP-60 Public Housing - 91.220(h)
Introduction
California’s housing crisis is a half century in the making. Decades of underproduction combined with
exclusionary policies have left housing supply far behind need and costs soaring. As a result, millions of
Californians, disproportionately lower income and people of color, must make hard decisions about
paying for housing at the expense of food, health care, childcare, and transportation. This crisis is
affecting every region of the state, including Southern California.
State and local agencies are working to support housing development to lower-income households.
Every eight years, the state of California sets a target for homes needed for each income level to meet
the housing needs of all Californians. Local governments must plan for enough housing to meet the
housing need in their communities. The Southern California Association of Governments (SCAG) finalized
a RHNA allocation for each member jurisdiction. The City was assigned a future need for 1,415 very low-
income units, of which half (703 units) are the projected need for extremely low-income households
from 2021 to 2029.
The Housing Authority of the County of San Bernardino (HACSB) serves the city. HACSB has one public
housing site, a single-family unit in Apple Valley. HACSB converted a 98-unit public housing site in
Upland into a project-based voucher site. There are no public housing units in the City.
The City has a significant amount of housing stock that receives public subsidies in return for long-term
covenants guaranteeing the affordability of units. As shown in the table below, the City currently has
3,804 affordable units receiving public subsidies, with 707 at risk of expiring. 38 percent of these units
are limited to senior residents.
Actions planned during the next year to address the needs to public housing
The City is facilitating and encouraging the development and rehabilitation of existing housing to meet
the needs for ELI housing. Projects from groups such as National Core— which is currently replacing the
400-unit Waterman Gardens public housing project with new affordable housing and supportive services
on-site—are providing much-needed housing options for extremely low-income residents. Organizations
like NHPS, Mary Erickson, and many other nonprofit and for-profit organizations are building infill
housing that is affordable to lower income households.
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk
units affordable, and utilize, if feasible, local incentives to preserve any at-risk units. To develop or
preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to
local non-profit organizations that provide affordable housing.
Actions to encourage public housing residents to become more involved in management and
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participate in homeownership
The City will continue their partnership with NPHS to build affordable single-family housing on infill
parcels. The goal is to make homeownership more accessible. Presently, four manufactured housing
units are approved for construction. NPHS deed restricts these units as affordable to lower income
households through long-term affordability covenants. As of 2023, and three housing units have been
built, and additional units are anticipated to be built through 2029. An unspecified number of units will
also be ADUs.
The City collaborates with the HACSB to encourage public housing residents to utilize City housing
services and area homeownership programs, particularly residents of public housing. HACSB
administers the Housing Choice Voucher (HCV) program for the City. Public housing residents would be
assisted with HCVs upon availability and if needed.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
HACSB has not been designated as troubled. HACSB was designated a Moving To Work Agency by
Congress in 2008. This is a limited designation to PHAs across the country.
Discussion
The City of San Bernardino will continue to work collaboratively alongside HACSB to provide supportive
services and address the housing needs of the community.
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AP-65 Homeless and Other Special Needs Activities - 91.220(i)
Introduction
The County of San Bernardino is required to conduct a biennial Homeless Count, the Point-In-Time
Count (PITC) to identify persons who are not living in adequate housing facilities, led by the Continuum
of Care (CoC). There were 4,255 adults and children who were counted as homeless during the 2024
PITC. The previous PITC was completed in 2023 during which 4,195 persons were counted. A
comparison of the last two counts reveals that:
• 42 more persons were counted in 2024, which represents an increase of 1.4%;
• 79 more persons were counted as unsheltered in 2024 when compared to the unsheltered
count in 2023, which represents an increase of 2.6%; and
• 19 less persons were counted as sheltered in 2024 when compared to the sheltered count in
2023, which represents a decrease of 1.6%.
Specifically for the City it was found:
• 337 Sheltered persons
• 103 Transitional housing
• 977 Unsheltered
• Total of 1,417
Overall, 85 persons were less 150,000 in ESG funds to emergency shelters and $60,000 to Rapid Re-
Housing, $15,000 to Homeless Prevention and $15,000 to HMIS system. In 2024 ESG funds assisted 295
homeless individuals through emergency shelter funds and 8 households through homeless prevention
programs. Looking ahead to FY 2025, the City anticipates providing Emergency Shelter assistance to
approximately 150 households and serving 20 households or approximately 75 individuals through the
Rapid Rehousing program and 10 households through homelessness prevention services.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
A top priority need in the City is to be able to provide sufficient homeless and prevention services. The
City will continue to support the CoC’s coordinated entry system, 2- 1-1 San Bernardino County. The
Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD
Homeless definition (Category 2)) with problem-solving support to retain current housing or to locate
and get housing placement. Results of the community outreach completed for the ConPlan include
supporting efforts to:
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- Increase affordable housing units
- Increase homeless prevention services
- Support mental health and substance use services
Addressing the emergency shelter and transitional housing needs of homeless persons
The City intends to adaptively reuse a vacant property for the conversion of the former School of Hope
campus. Formerly a special education school will be reimagined into a homeless navigation facility to
provide low-barrier, non-congregate, interim housing and supportive services for homeless individuals
and households at risk of becoming homeless. The Proposed Project would involve the rehabilitation of
two existing buildings, and the demolition of three existing buildings and ancillary structures, to
accommodate 180 housing units, an administrative building, a laundry facility, and cafeteria/assembly
area. In addition to the rehabilitation of two existing structures, the Project would install 11
prefabricated structures on proposed concrete pads. In total, the Proposed Project would provide
approximately 17,380 sqft of residential housing, 2,900 sqft of shared spaces and common areas, a dog
kennel, and 15,200 sqft of surfacing parking consisting of 34 parking spaces.
Hope Campus will contain 180 non-congregate transitional housing units with beds with storage spaces
underneath the beds, bathrooms (with a sink, toilet, and shower), fire sprinklers, and heating,
ventilation, and air conditioning (HVAC) systems. These 180 units would accommodate 200 individuals.
Sixteen units would be Americans with Disabilities Act (ADA) accessible, ensuring accessibility for future
residents with disabilities. The facilities will include a cafeteria with a fully equipped commercial kitchen
able to serve 120 residents per meal. The cafeteria would also serve as an assembly area and would
include moveable dividers to divide the cafeteria into four smaller areas for activities. The campus will
have free Wi-Fi access and outdoor spaces for all occupants.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City actively participates in the County of San Bernardino CoC by attending meetings to discuss how
to establish performance measures that benefit the broader goals of the region. Some of the tasks
recently undertaken by the City include: assisting with the 2024 Point-In-Time-Count conducted by the
County of San Bernardino. The City recognizes that homelessness is a regional issue that impacts every
community in the region. As the largest community in the County, the City also serves as a hub for
service providers. The City supports the efforts of the network of agencies working to end homelessness
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through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key
components, one of which is homeless prevention. The provision of preventative services will decrease
the number of households and individuals who will become homeless and require emergency shelters
and assistance. The City is working to prevent persons from becoming homeless by funding emergency
rental assistance for households at-risk of homelessness.
Annually the City funds organizations through the ESG programs that provide street outreach,
emergency shelter, homeless prevention services, rapid rehousing, and HMIS such as Salvation Army
and Family Services of Redlands. The City is breaking ground in 2025 and 2026 on the San Bernardino
HOPE Campus a full-service homeless navigation center and shelter that features needed services as
part of its operation located on 6th Street (see Discussion below).
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
In San Bernardino County, several organizations and programs work to help low-income individuals and
families avoid homelessness, particularly those at risk due to discharge from a public institution or
receiving assistance from agencies that address housing, health, social services, employment, education,
or youth needs. The San Bernardino County Workforce Development Department (WDD) administers
programs funded by the Department of Labor’s Workforce Innovation and Opportunity Act (WIOA).
WDD implements comprehensive strategies tailored to meet the demands of local businesses for skilled
workers. These initiatives provide avenues for job seekers to acquire necessary skills and access well-
paying career opportunities.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10-
Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge
planning to prevent people from becoming homeless when they are discharged from correctional, foster
care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local
governments have policies and protocols in place to ensure that persons being discharged from a
publicly funded institution or system of care are not discharged immediately into homelessness. To
meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to
focus on improving coordination between discharge planning agencies, local government, and homeless
service providers to implement a “zero tolerance” plan that will prevent persons from being discharged
into homelessness.
Discussion
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HOPE Campus
The City is constructing a Navigation center at the former "School of Hope" campus to provide low-
barrier, non-congregate, interim housing to help address the root causes of homelessness. The HOPE
Campus has 200 beds and will connect homeless men, women and families to resources, medical
respite, mental health, substance disorder counseling, individualized case management, job training and
placement, and expanded access to permanent housing. It will also assist individuals who are at risk of
becoming homeless as local agencies will be onsite to provide rental assistance and utility assistance to
eligible households.
HomeKey - San Bernardino with Lutheran Social Services of Southern California (LSSSC)
In collaboration with Lutheran Social Services of Southern California (LSSSC), the City has embarked on a
State of California HomeKey Project to establish the San Bernardino Community Wellness Campus - a
non-congregate interim housing facility comprising 150 beds. This initiative aims to address the pressing
need for such a campus, especially considering that the number of homeless men in the City surpasses
that of homeless women by a ratio of two to one. The current Central City Lutheran Mission will be
transformed into a supportive campus that will provide an onsite medical clinic and comprehensive,
onsite social services to address educational, social, physical, and mental health needs that will be
available to campus residents and the larger community.
Legal Aid Society of San Bernardino (Legal Aid) Tenant Protection Program
Legal Aid will host a two-year program that would only serve City residents free of charge with direct
legal representation on matters concerning tenant rights through education to prevent or avoid
displacement and homelessness.
Homeless Outreach
The City has joined forces with Hope the Mission, a non-profit dedicated to tackling homelessness, to
extend vital assistance five days a week. Their collaborative outreach team is committed to offering
transportation services to those seeking shelter, accessing crisis support, pursuing rehabilitation, or
reconnecting with their families through reunification programs.
The outreach team will be made up of emergency crisis workers that can immediately assist with
multiple family/individual crisis as they arise. The team will assist with case mgmt., motel vouchers,
basic needs, medical and transportation, in addition to providing a diverse range of resources, including
access to longer-term shelters, rehabilitation programs, and assistance with family reunification. The
team will also deliver essential services to individuals experiencing homelessness. Their priority is to
ensure that housing opportunities are prioritized for residents of San Bernardino.
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AP-75 Action Plan Barriers to Affordable Housing - 91.220(j)
Introduction
The City has recognized that barriers to affordable housing exist and employs strategies that work to
overcome them. Barriers exist that are land related, programmatic, and financial. In this section, we give
an overview of actions the City is planning to take to address such barriers, as well as an overview of the
barriers and impediments themselves.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
Discussion
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AP-85 Other Actions - 91.220(k)
Introduction
The City of San Bernardino recognizes that achieving the goals outlined in this Consolidated Plan
requires not only targeted investments in housing and community development but also sustained
efforts to strengthen institutional capacity, foster coordination, reduce poverty, and address systemic
barriers. This section outlines the additional actions the City will take during the 2025–2029
Consolidated Plan period.
Actions planned to address obstacles to meeting underserved needs
The City will take the following steps to address persistent obstacles, particularly among underserved
populations such as extremely low-income households, persons experiencing homelessness, seniors,
and individuals with disabilities:
• Invest in Homeless Navigation and Support Services: Expand the HOPE Navigation Center and
fund subrecipients like Family Service Association and The Salvation Army to provide rapid
rehousing and homelessness prevention.
• Enhance Language Access and ADA Compliance: Ensure materials, meetings, and surveys are
accessible to non-English speakers and people with disabilities.
Actions planned to foster and maintain affordable housing
• Infill Development: Continue partnering with CHDOs to build affordable owner-occupied
housing on vacant lots.
• Housing Rehabilitation: Fund the Owner-Occupied Housing Rehabilitation Program to preserve
affordable housing and prevent displacement.
• Preserve Public/Assisted Housing: Support Housing Authority of the County of San Bernardino
(HACSB) efforts, including the next phases of Arrowhead Grove.
Actions planned to reduce lead-based paint hazards
• Lead-Safe Rehabilitation: Ensure all HOME and CDBG-funded rehab projects comply with HUD
Lead-Safe Housing Rule requirements.
• Training & Monitoring: Continue training City staff and contractors and monitor subrecipients
for compliance with lead-based paint hazard regulations.
• Public Education: Disseminate materials to residents regarding lead-safe practices during
rehabilitation and home maintenance.
Actions planned to reduce the number of poverty-level families
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• Workforce Development: Collaborate with San Bernardino County Workforce Development
Board and organizations like Center for Employment Opportunities to connect residents to jobs
and training.
• Small Business Support: Use CDBG to support microenterprise development and
entrepreneurship, particularly among women- and minority-owned businesses.
Financial Empowerment: Continue partnerships with NHSIE and other nonprofits to deliver financial
literacy, homebuyer education, and credit repair services.
Actions planned to develop institutional structure
• Capacity Building: Provide technical assistance to local nonprofits, CHDOs, and ESG subrecipients
to strengthen compliance and outcomes.
• Cross-Department Collaboration: Improve coordination between housing, public works,
economic development, and public safety to align investment strategies.
• Data Sharing: Strengthen data systems and interagency coordination, especially with the
Continuum of Care and HMIS providers, to track program impact.
Actions planned to enhance coordination between public and private housing and social
service agencies
• Continuum of Care Engagement: Maintain active participation in the Interagency Council on
Homelessness and Homeless Provider Network.
• Health and Housing Integration: Coordinate with Dignity Health and San Bernardino County
Department of Behavioral Health to link housing investments with mental health and healthcare
services.
• Education & Youth Support: Continue work with Uplift San Bernardino to support youth housing
stability, education, and future economic mobility.
Discussion
The City is committed to overcoming institutional and structural barriers to equitable housing and
community development. By deepening partnerships, aligning investments, and maintaining compliance
with HUD standards, San Bernardino will continue to support the most vulnerable residents while
promoting citywide growth.
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.220(l)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
next program year and that has not yet been reprogrammed 817,368
to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
not been included in a prior statement or plan 0
Total Program Income:817,368
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income.Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 0.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
as follows:
1. The City of San Bernardino does not intend to use forms of investment other than those
described in 24 CFR §92.205(b). All HOME Investment Partnerships Program (HOME) funds will
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be used in eligible forms including grants, deferred payment loans, interest-bearing loans, and
other HUD-approved forms of assistance that comply with HOME regulations.
In addition to HOME-specific investments, the City leverages other resources—such as CDBG, ESG,
ARPA, and State funds—to complement federal housing and community development activities.
These additional investments may be used for site acquisition,Invest in Community Infrastructure
and Facility Improvements , or supportive services that enhance housing affordability and
sustainability but do not deviate from HUD's defined eligible investment types under §92.205.
If new or alternative investment mechanisms are considered during the Plan period, the City will
ensure full compliance with HUD regulations and will submit the necessary amendments and
approvals.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers
the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstances,
the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of
Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME
Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds
are the sales price paid to the Buyer minus repayment of loans that are superior in priority to this
Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs.
2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least
two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the
amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of
Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of
Affordability and multiplying the result by 100. In calculating recapture of the HOME subsidy only
full 12-month periods of occupancy will be utilized. For example, if the Buyer sells or transfers the
Eligible Property during the third year, before the completion of the full third year of ten years of
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Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City
shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would
recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would
recover 80 percent of Net Proceeds, whatever the amount.
3. In no event shall City’s recovery exceed the amount of the Net Proceeds.
The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs,
utilize the noted recapture provisions, which are part of the affordability covenant executed by the
homeowner and recorded against the property.
In its homeownership and single-family rehabilitation programs the City utilizes the homeownership
limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired
with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
1. Measured from the Delivery Date and determined based on the amount of the HOME Subsidy,
as follows: Amount of HOME Subsidy Period of Affordability
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• Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years
• Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years
• Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain
affordable for the period noted based on the amount of HOME subsidy. The City also requires that
its CHDO/sub-recipients who carry out HOME-funded ownership programs utilize the recapture
provisions noted, which are part of the affordability covenant executed by the homeowner and
recorded against the property.
In its homeownership and single-family rehabilitation programs, the City utilizes the homeownership
limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is
rehabilitated with HOME funds along with a description of the refinancing guidelines required that
will be used under 24 CFR 92.206(b), are as follows:
The City will not be refinancing existing debt secured by multifamily housing rehabilitated with
HOME funds. The City will not refinish single-family units rehabilitated with HOME funds. With
regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 in
relation to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard
to tenant protections and selection and other HOME regulatory requirements that ensure
beneficiaries are not precluded from participating in HOME funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for
funding under the HOME program. Applications are solicited as funds are available for various
programs and/or when contracts and renewal periods with applicants expire and new NOFAs and
RPS are released.
5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with
special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
If implemented, the City intends to establish a preference for persons with special needs and
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disabilities, in alignment with 24 CFR §92.209(c)(2)(i). This may include individuals with physical,
mental, or developmental disabilities, those at risk of institutionalization, and persons with
substance use or behavioral health needs.
The City will consult with local partners, such as the San Bernardino County Department of
Behavioral Health, the Office of Homeless Services, and disability advocacy organizations, to
structure the program to ensure legal compliance, and service integration.
All preferences will be clearly defined and documented in written TBRA policies and procedures, and
will be implemented in a non-discriminatory manner consistent with federal fair housing laws.
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6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific
category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will
narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services
received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).
If such a program is established, the City may adopt a targeted preference for specific categories of
individuals with disabilities, particularly those who experience significant service gaps—such as
persons with chronic mental illness, HIV/AIDS, or co-occurring disorders.
These populations are often overrepresented in the homeless system and underrepresented in
stable housing placements, despite frequent engagement with public systems of care. For example,
individuals with chronic mental illness may cycle through shelters, hospitals, and correctional
institutions due to a lack of supportive housing options. Similarly, people living with HIV/AIDS may
face both housing discrimination and limited access to long-term rental assistance.
A targeted TBRA preference would narrow the gap in housing benefits by:
• Providing stable rental assistance to individuals who are often ineligible for other long-term
subsidies.
• Coordinating with service providers (e.g., Department of Behavioral Health, local HIV/AIDS
networks) to ensure access to wraparound supports.
• Preventing institutionalization and promoting independent living in community-based settings.
Any such preference will be carefully structured, with data and stakeholder input used to
demonstrate both the need and legal defensibility. The City will ensure all preferences are
administered in compliance with fair housing requirements, including a clear showing that the
preference is necessary to address a documented disparity in housing access or services.
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7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR
92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that
limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
At this time, the City of San Bernardino does not impose any limitations or preferences in its HOME-
assisted rental housing projects that would restrict participation.
However, if preferences are considered during the 2025–2029 Consolidated Plan period, they will be
implemented only where supported by local data, consistent with fair housing and civil rights laws,
and designed to address a demonstrated housing or service gap. Potential preferences may include:
• Individuals experiencing or at risk of homelessness,
• Veterans,
• Persons with disabilities (in coordination with supportive services), or
• Large families needing multi-bedroom units.
Any preference will be applied transparently and uniformly, without violating nondiscrimination
requirements, and will be outlined in project-specific agreements and approved underwriting
documentation. The City will also ensure that all applicants have equal access and meaningful
opportunity to apply for all rental units, regardless of their status in relation to any stated
preference.
The City will continue to monitor projects for compliance with applicable fair housing laws and
HUD’s HOME regulations.
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment)
Please refer to the attachment included.
2. If the Continuum of Care has established centralized or coordinated assessment system that
meets HUD requirements, describe that centralized or coordinated assessment system.
The City of San Bernardino is an active participant in the San Bernardino County Continuum of Care
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(CoC), which has established a centralized Coordinated Entry System (CES) in accordance with HUD
requirements. The CES is managed by the San Bernardino County Office of Homeless Services (OHS)
and serves as the primary tool for connecting individuals and families experiencing or at risk of
homelessness to appropriate housing and supportive services.
The CES is designed to:
• Provide standardized assessment tools and procedures (e.g., VI-SPDAT) to evaluate the needs and
vulnerabilities of people experiencing homelessness;
• Prioritize clients for housing and services based on vulnerability, length of homelessness, and
severity of service needs;
• Ensure fair and equal access to housing resources, including permanent supportive housing, rapid
rehousing, and transitional housing;
• Use the Homeless Management Information System (HMIS) to facilitate case coordination, referrals,
and outcome tracking;
• Integrate referrals from a broad range of access points, including emergency shelters, outreach
teams, hospitals, and law enforcement.
The CES is accessible through multiple physical and virtual entry points across the County, including
partners such as The Salvation Army, Family Service Association of Redlands, Lutheran Social
Services, and HOPE Navigation Centers, among others. All ESG subrecipients funded by the City of
San Bernardino are required to participate in the CES and coordinate service delivery and housing
placements through the system.
This coordinated assessment approach enables a system-wide response to homelessness that
improves client outcomes, reduces duplication of services, and ensures the most vulnerable
populations are prioritized for limited housing resources.
3. Identify the process for making sub-awards and describe how the ESG allocation available to
private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino administers its ESG program in alignment with HUD regulations and
ensures that funding is equitably accessible to eligible private nonprofit organizations, including
community-based and faith-based organizations.
Each program year, the City issues a Notice of Funding Availability (NOFA) or Request for Proposals
(RFP) to solicit applications from qualified service providers. The process includes:
1. Public Notification: The City publicly posts the NOFA/RFP on its website and distributes it via
email to a wide network of service providers, including those within the San Bernardino County
Continuum of Care (CoC). Outreach is inclusive of faith-based and grassroots community
organizations.
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2. Eligibility and Threshold Review: All proposals are reviewed to ensure applicants meet HUD
eligibility criteria for ESG funding and possess the administrative capacity to implement
programs in compliance with 24 CFR Part 576.
3. Application Evaluation - Proposals are evaluated based on:Experience in serving homeless or at-
risk populations;Performance outcomes and past compliance history;Program design, including
alignment with the CoC’s priorities and CES participation;Cost-effectiveness and leveraging of
additional resources.
1. Funding Recommendations: A City rew—often including representatives from the Housing and
Homelessness Division and outside advisors—scores and ranks proposals. Recommendations are
presented to the Mayor and City Council for approval as part of the Annual Action Plan and
budget adoption process.
1. Contract Execution and Monitoring: Awarded subrecipients enter into formal contracts with the
City. Ongoing technical assistance and monitoring ensure compliance with ESG regulations,
eligible uses of funds, and performance outcomes.
The City prioritizes provider representation, including agencies with lived experience expertise, and
commitment to transparent, fair, and lawful administration of ESG funds, ensuring that resources
are directed efficiently toward addressing homelessness and housing instability in ways that uphold
both programming integrity and federal requirements.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR
576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with
homeless or formerly homeless individuals in considering policies and funding decisions
regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on
Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless
Partnership. The ICH serves as the policy making body of the Partnership and oversees the
implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will
focus on resource development to insure the funding of homeless projects and 10-Year Strategy
recommendations. In addition, ICH serves as the HUD-designated primary decision-making group
and oversight board of the City of San Bernardino & County (hereinafter referred to as the
“geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter
referred to as the “CoC”). There are currently former homeless individuals that participate in the
policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the
City.
The ICH is charged with directing, coordinating and evaluating all of the activities related to
implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to
report progress on the implementation of the 10-Year Strategy to their colleagues and constituents
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following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless
providers and stakeholders throughout San Bernardino County in order to carry out implementation
activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy
recommendations.
As the oversight board of the CoC, the ICH's duties are: 1. To ensure that the CoC is meeting all of
the responsibilities assigned to it by the United States Department of Housing and Urban
Development (HUD) regulations, including: a. The operation and oversight of the local CoC; b.
Designation and operation of a Homeless Management Information System (HMIS); i. Designate a
single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS,
known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC
and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in
compliance with all requirements prescribed by HUD. c. Developing a CoC plan that includes
outreach, engagement, assessment, annual gap analysis of the homeless needs and services
available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and
biennial requirements; 2. To represent the relevant organizations and projects serving homeless
subpopulations; 3. To support homeless persons moving from homelessness to economic stability
and affordable permanent housing within a supportive community; 4. To be inclusive of all the
needs of all of the geographic area’s homeless population, including the special service and housing
needs of homeless sub-populations; 5. To facilitate responses to issues and concerns affecting the
agencies funded by the CoC beyond those addressed in the annual CoC application process; 6. To
consult with recipients and sub-recipients of CoC funding to establish performance targets
appropriate for population and program type, monitor recipient and sub-recipient performance,
evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of
projects funded under the County of San Bernardino CoC program, including the ESG.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate financial management and programmatic expertise to
successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients
must participate in HMIS and be able to meet all federal, State of California, and City of San
Bernardino requirements relative to the ESG program, specifically those concerning equal
opportunity and fair housing, affirmative marketing, environmental review, displacement,
relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and
flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to
determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount
and types of assistance the individual or family needs to regain stability in permanent housing.
All subrecipient providers should meet or exceed project quality goals established by HUD and CoC
guidelines which include the following: At least 80 percent of project participants either remained in
Packet Page. 85
OMB Control No: 2506-0117 (exp. 09/30/2021)
permanent housing or exited to permanent housing; At least 20 percent or more of project
participants have employment income (or other sources such as SSI and/or SSDI, for those who are
not employable); At least 54 percent of project participants increased their income from sources
other than employment in a given operating year; At least 56 percent of project participants
obtained mainstream benefits; and 100 percent of the project participants came from the street or
other locations not meant for human habitation, emergency shelters, or safe havens. In addition,
PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically
homeless persons
Discussion
Packet Page. 86
Resolution No. 2026-015
Resolution No. 2026-015
March 4, 2026
Page 1 of 4
RESOLUTION NO. 2026-015
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING SUBSTANTIAL AMENDMENT NUMBER
ONE TO THE FISCAL YEAR 2025-2026 ANNUAL ACTION
PLAN, ALLOCATING COMMUNITY DEVELOPMENT
BLOCK GRANT (CBDG) AND CDBG CARES ACT (CDBG-
CV) FUNDS FROM PREVIOUS YEARS TO THE SB HOPE
CAMPUS (ALL WARDS)
WHEREAS, the Department of Housing and Urban Development (HUD) requires the
preparation of an Annual Action Plan (AAP) to carry out the 5-Year Consolidated Plan; and
WHEREAS, the AAP described specific projects and activities to be undertaken during
the program year with federal funds including Community Development Block Grant (CDBG)
and Community Development Block Grant-Coronavirus Aid, Relief and Economic Security
(CDBG-CV); and
WHEREAS, the City of San Bernardino prepared, and the Department of Housing and
Urban Development (HUD) approved the 2025-2026 AAP and adjustments are necessary to
address evolving community needs, funding availability and program priorities; and
WHEREAS, when a proposed change meets the criteria for a Substantial Amendment,
such as a significant reallocation of funds, changes in the project scope, or the addition of new
activities, the City must amend the AAP and follow public participation requirements; and
WHEREAS, the SB HOPE Campus is a city project transforming the former School of
Hope site at 796 E 6th Street into a navigation center to support people experiencing homelessness.
WHEREAS, the SB HOPE Campus will provide interim housing, supportive services,
recuperative care, treatment for substance use disorders, pathway to stable housing, and integrated
service to connect housing with treatment and health services.
WHEREAS, the SB HOPE Campus meets the criteria for a Substantial Amendment since
significant reallocation of funds are required; and
WHEREAS, the SB HOPE Campus project was originally funded with Fiscal Year 2023-
2024 and 2025-2026 CDBG funds in total amount of $2,975,579 and additional funds are required
for the project; and
WHEREAS, it has been determined that unspent CDBG and CDBG-CV funds are
available for reallocation towards the HOPE Campus as follows:
Packet Page. 87
Resolution No. 2026-015
Resolution No. 2026-015
March 4, 2026
Page 2 of 4
FY Funding Activity Action Amount
20-21 CDBG-CV Unallocated
Funds
Reallocation $1,272,805.06
21-22 CDBG Unallocated
Funds
Reallocation $ 64,627.53
22-23 CDBG Unallocated
Funds
Reallocation $ 305,884.60
23-24 CDBG Unallocated
Funds
Reallocation $ 185,642.91
24-25 CDBG Unallocated
Funds
Reallocation $ 58,392.47
25-26 CDBG Pearl Transit Cancel Activity $ 59,262.00
25-26 CDBG WPCC Partial Reallocation $ 33,312.29
Total Amount for Reallocation: $1,979,926.86
WHEREAS, HUD regulations require a substantial amendment to reallocate funding
including a 30-day public notice and a public hearing; and
WHEREAS, upon approval of Substantial Amendment Number One to the FY 2025-2026
Annual Action Plan, the total funding available for the HOPE Campus will be $4,973,694.51.
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. Mayor and City Council hereby authorize a public hearing be held to obtain
citizens’ comments on the proposed Substantial Amendment Number One to the Fiscal Year 2025-
2026 Annual Action Plan.
SECTION 3. Approve Substantial Amendment Number One to the Fiscal Year 2025-2026
Annual Action Plan to increase CDBG and CDBG-CV funding for the SB HOPE Campus by
$1,998,115.51.
SECTION 4. Authorize the City Manager or designee to take any further actions and
execute any further agreements or documents, as necessary, to effectuate the submittal of the
Packet Page. 88
Resolution No. 2026-015
Resolution No. 2026-015
March 4, 2026
Page 3 of 4
proposed Substantial Amendment Number One to the Fiscal Year 2025-2026 Annual Action Plan
to HUD.
SECTION 5. Authorize the Director of Finance and Management Services to amend the
Fiscal Year 2025–2026 Budget in accordance with the approved Substantial Amendment,
allocating a total of $1,979,926.86 from prior-year unspent CDBG funds, including: $64,627.53
from FY 2021–2022, $305,884.60 from FY 2022–2023, $185,642.91 from FY 2023–2024,
$58,392.47 from FY 2024–2025, $92,574.29 from FY 2025–2026, and $1,272,805.06 from
CDBG-CV FY 2020–2021.
SECTION 6. CEQA. The Mayor and City Council find this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 4TH day of March 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 89
Resolution No. 2026-015
Resolution No. 2026-015
March 4, 2026
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2026-015, adopted at a regular meeting held on the 4th day of March 2026 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 5th day of March 2026.
Telicia Lopez, CMC, City Clerk
Packet Page. 90
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4007125
Vanessa Alvarado
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
NOTICE OF 30-DAY PUBLIC COMMENT PERIOD FOR THE
FISCAL YEAR 2025-2026 SUBSTANTIAL AMENDMENT
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
01/29/2026
01/29/2026
SAN BERNARDINO
!A000007309118!
Email
NOTICE OF PUBLIC HEARING
CITY COUNCIL OF THE CITY OF
SAN BERNARDINO
NOTI CE OF 30-DAY P UB LIC
COMM ENT PERIO D FO R THE
FISCAL YEAR 2025-2026
SUBSTA NTIAL AMENDM ENT
This is a correction to the Notice of
Public Hearing and Notice of 30-day
public comment period for the
Fiscal Year 2025-2026 Substantial
Amendment published on January 8,
2026.
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
hearing on March 4,2026,in the City
Council Chambers in the Norman F.
Feldheym Central Library at 555
West 6th Street,San Bernardino,
California.Visit the City's agenda
portal at www.sanbernardino.gov to
access more meeting information.
The purpose of the hearing is to
consider a Substantial Amendment
for the following:
The City plans to amend the Fiscal
Year 2025-2026 Annual Action Plan
(AAP)to allocate additional
Community Development Block
Grant and Community Development
Block Grant CARES Act (CDBG-
CV)funding to the HOPE Campus
community development and
housing project activity.
The City received Community
Development Block Grant (CDBG)
funding and other federal resources
from the U.S.Department of
Housing and Urban Development
(HUD).The Annual Action Plan
(AAP)outlines the community
development and housing initiatives
supported by these funds for the
fiscal year 2025-2026.In FY 2023-
2024,the AAP allocated $1,901,365 in
CDBG funds to the HOPE Campus
for the establishment of a homeless
navigation center.For FY 2025-2026,
the AAP has designated $1,074,214 to
further support the development of
the HOPE Campus.
The proposed Substantial
Amendment seeks to revise the 2025-
2026 AAP to increase funding for
HOPE Campus by $1,979,926.86.The
total project funding will change
from $2,975,579 to $4,955,505.86.
The amounts of unspent CDBG and
CDBG-CV funds to be allocated are
as follows:1)FY 2020-2021 CDBG-
CV ($1272,805.06)2)FY 2021-2022
($64,627.53);3)FY 2022-2023
($305,884.60);4)FY 2023-2024
($185,642.91);5)2024-2025
($58,392.47),and 6)2025-2026
($92,574.29)totaling $1,979,926.86.
Notice is hereby given that the City
of San Bernardino will consider the
reallocation of previous years'
CDBG funds from FY 2021-2022,
2022-2023,2023-2024,2025-2026 and
Packet Page. 91
CDBG-CV funds from 2020 to the
HOPE Campus as additional funds
are necessary for the project.
The purpose of this notice is to solicit
the public's comments on the
Substantial Amendment and inform
the public of the public hearing.
Copies of the proposed Substantial
Amendment will be available to the
public for review and comment
beginning January 29,2026,to
February 28,2026,at the following
locations:
1.City of San Bernardino
Community Development and
Housing Department,201-B North
E Street,San Bernardino,CA
92401;or
2.Webpage:
https://www.sbcity.org/city_hall/c
ommunity_development_and_hous
ing/housing/public_notices ;or
3.City of San Bernardino,Office of
the City Clerk,201-A North E
Street,San Bernardino,CA 92401;
or
4.Norman F.Feldheym Central
Library at 555 West 6th Street,San
Bernardino,California
Notice is further given that
members of the public who wish to
comment on the public hearing you
may participate in the following
ways:1)comments and contact
information can be emailed to
publiccomments@SBCity.Org by
2:30 P.M.the day of the scheduled
meeting;2)attending the meeting in
person and providing your public
comment in person,not to exceed
three minutes.
If you challenge the matter in court,
you may be limited to raising only
those issues you or someone else
raised at the public meeting
described in this notice or written
correspondence delivered to the City
Clerk at or prior to the public
meeting.
The City endeavors to be in total
compliance with the Americans with
Disabilities Act.If you require
assistance or auxiliary aids to
participate in the meeting,please
contact the City Clerk's Office as far
in advance of the meeting as
possible.
Additional information concerning
the above matter may be obtained
from,and written comments should
be addressed to,San Bernardino
City Clerk,290 North "D"Street,San
Bernardino,California 92401.
1/29/26
SBS-400 7125#
Packet Page. 92
Packet Page. 93
CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Jasmine Glover-McNamara, Director of Animal Services
Animal Services
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with
Midwest Veterinary Supply; and
2. Authorize the Director of Finance to issue a purchase order to Midwest
Veterinary Supply in an amount not to exceed $500,000 annually.
The City Manager recommends approval.
The Department of Animal Services is requesting authorization to enter into a new
agreement with Midwest Veterinary Supply for the procurement of veterinary medical
supplies necessary to support daily shelter operations. Midwest Veterinary Supply
acquired Victor Medical Company in September 2024, which was the City’s previous
contracted vendor for veterinary supplies. Although the City Council approved
Amendment No. 2 to extend and increase the existing agreement, Midwest Veterinary
Supply declined to execute the amendment and instead required the City to establish
a new contract under its current corporate contracting framework.
Veterinary supplies, including vaccines, medications, surgical materials, and sanitizing
agents, are essential to maintaining animal health, preventing disease transmission,
and ensuring compliance with animal welfare and public health standards. On February
Packet Page. 94
2, 2026, the City issued Request for Quotes (RFQ F-26-4063) to procure these
supplies. Midwest Veterinary Supply was the only responsive bidder and continues to
be a critical vendor capable of providing the specialized veterinary products required
for shelter operations. Approval of this agreement will ensure uninterrupted access to
essential medical supplies and allow the Department to continue providing humane
care, medical treatment, and disease prevention for animals in the City’s custody.
Background
On September 12, 2024, Midwest Veterinary Supply entered into an agreement to
purchase Victor Medical Company (“Victor Medical”). Prior to this acquisition, the City
of San Bernardino Department of Animal Services maintained a contractual
relationship directly with Victor Medical.
The City’s original agreement with Victor Medical was executed on March 3, 2022, with
an expiration date of June 30, 2023, expiring on with an option to amend the contract
for up to 2 consecutive years. Following the expiration of the original agreement,
Animal Services continued purchasing veterinary supplies consistent with operational
needs.
On July 16, 2025, the Mayor and City Council approved an amendment to the original
Victor Medical agreement to increase the authorized purchasing amount. Specifically,
the City Council adopted Resolution No. 2025-328, which authorized the Director of
Finance and Management Services to amend the FY 2025/26 Animal Services Budget
in the amount of $200,000 for veterinary supply expenses, and authorized the City
Manager to execute Amendment No. 2 to the contract with Midwest Veterinary Supply,
increasing the annual not-to-exceed amount to $500,000 and extending the contract
expiration date to June 30, 2026.
Following City Council approval, Amendment No. 2 was routed through DocuSign and
included the Midwest Veterinary Supply representative for execution. However,
Midwest Veterinary Supply declined to execute the amendment as presented and
requested substantive redlines to the document. As a result, the amendment was not
fully executed. While Midwest Veterinary Supply honored existing contractual
obligations that originated under Victor Medical, once those agreements expired,
Midwest required the City to enter into a new contract consistent with Midwest
Veterinary Supply’s current terms, conditions, and contracting standards.
Given the change in ownership, the expiration of the original Victor Medical agreement,
and Midwest Veterinary Supply’s requirement for a new contractual framework, Animal
Services is now requesting authorization to establish a new contractual relationship
directly with Midwest Veterinary Supply, independent of the former Victor Medical
agreement.
Discussion
All animals impounded at the shelter receive core vaccinations upon intake to prevent
the spread of infectious disease and to protect animal and public health while in
Packet Page. 95
custody. Throughout their stay, animals may require additional medications,
treatments, and supportive care for injuries or illness. The Department utilizes
veterinary-grade disinfectants and sanitizing agents to ensure proper cleaning within
animal housing areas, which is critical to maintaining a safe and humane environment.
In addition, the Department utilizes Per Diem Veterinarians to perform spay and neuter
surgeries on shelter animals to ensure compliance with State sterilization requirements
and to support adoption outcomes. These surgical procedures require the ongoing
purchase of veterinary medical supplies, including vaccines, medications, surgical
instruments, and sterile surgical materials. The procurement of these supplies is
essential to maintaining daily shelter operations, supporting animal welfare, and
ensuring compliance with applicable public health and animal care standards.
2021-2025 Strategic Targets and Goals
The purchase of veterinary supplies and equipment aligns with Key Target No.1:
Improved Operational & Financial Capacity. Implementing a multi-year contract and
purchase order for key supplies will enable us to maintain our services and obtain
necessary supplies without a steep increase to costs.
Fiscal Impact
There is no additional impact to the General Fund associated with this action. The
Department has sufficient budget to cover the cost of veterinary medical supplies within
its existing appropriations. In addition, the Department shares financial responsibility
for these expenditures with its five contract cities, which collectively reimburse
approximately 30% of total costs in accordance with their service agreements.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with Midwest
Veterinary Supply; and
2. Authorize the Director of Finance to issue a purchase order to Midwest Veterinary
Supply in an amount not to exceed $500,000 annually.
Attachments
Attachment 1 2025 - 2028 Midwest Veterinary Supply Goods
Purchase Agreement
Attachment 2 Resolution 2025-328 Amend FY 2025-26 AS Budget
in the amount of $200,000
Ward:
All Wards
Synopsis of Previous Council Actions:
Packet Page. 96
July 16, 2025 – Resolution No 2025-328 approved an amendment to the original Victor
Medical agreement to increase the authorized purchasing amount by $200,000.00 and
authorized the City Manager to execute the contract with Midwest Veterinary Supply,
increasing the annual not-to-exceed amount to $500,000 and extending the contract
expiration date to June 30, 2026.
CC: Eric Levitt, City Manager
Packet Page. 97
1
CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of July,
2025, by and between the City of San Bernardino, a charter city and municipal corporation
organized under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and Midwest Veterinary Supply, Inc. a Corporation
with its principal place of business at 21467 Holyoke Avenue, Lakeville, MN 55044
(“Supplier”). City and Supplier are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials,
labor or other services, including design, engineering and installation services, provided
by Supplier as specified in Exhibit “B,” attached hereto and incorporated herein by
reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be
delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “B” specifies machinery, equipment or material by manufacturer,
model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by
this Section 2 will be deemed to be defective material for purposes of Section 4. Where
machinery, equipment or materials are referred to in Exhibit “B” as equal to any particular
standard, City will decide the question of equality. When requested by City, Supplier will
furnish City with the name of the manufacturer, the performance capabilities and other
pertinent information necessary to properly determine the quality and suitability of any
machines, equipment and material to be incorporated in the Goods. Material samples
will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If
upon inspection or testing the Goods or any portion thereof are found to be
nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet
any requirements or specifications contained in Exhibit “B,” then without prejudice to any
other rights or remedies, City may reject the Goods or exercise any of its rights under
Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment
for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s
failure to notify Supplier of a rejection of nonconforming goods or revocation of
acceptance thereof or to specify with particularity any defect in nonconforming goods after
Packet Page. 98
2
rejection or acceptance thereof.
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free
from defects in design, engineering, material, and workmanship for a period of two (2)
years, or such longer period as provided by a manufacturer’s warranty or as agreed to by
Supplier and City, from the date of final written acceptance of the Goods by City as
required for final payment under 0. Supplier further warrants that any services provided
in connection with the Goods will be performed in a professional and workmanlike manner
and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included
in the Goods will meet the performance requirements and specifications specified in
Exhibit “B” and shall be fit for the purpose intended. City’s inspection, testing, approval,
or acceptance of any such machinery, equipment, or process will not relieve Supplier of
its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B,
Supplier will, immediately after receiving notice from City, at the option of City, and at
Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s
plant, office or other location of City where the Goods was originally performed or
delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to
City, including but not limited to, the costs of removal, repair, and replacement of the
defective Goods, and reinstallation of new Goods. All such defective Goods that are so
remedied will be similarly warranted as stated above. In addition, Supplier will repair or
replace other items of the Goods which may have been damaged by such defects or the
repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods are free and clear of all liens and
encumbrances whatsoever, that Supplier has a good and marketable title to same, and
that Supplier owns or has a valid license for all of the proprietary technology and
intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend,
and hold City harmless against any and all third party claims resulting from the breach or
inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4,
City will not be limited to the remedies set forth in this Section 4, but will have all the rights
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3
and remedies permitted by applicable law, including without limitation, all of the rights and
remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
In no event shall the total amount paid for Goods rendered by Supplier under this
Agreement exceed the sum of Five Hundred Thousand ($500,000.00) annually. Unless
expressly provided otherwise, all prices and fees specified in Exhibit B” attached hereto
and incorporated herein by reference, are firm and shall not be subject to change without
written approval of City. Notwithstanding the foregoing, Supplier may adjust the pricing in
Exhibit “B” by providing to City thirty (30) days written notice to City prior to such price
adjustment. However, the request for any price adjustment that results in a price increase
above three percent (3%) must be accompanied by written proof from Supplier and/or
Supplier’s source of Goods, to City’s satisfaction, of the need for a price adjustment.
Under no circumstances shall the price be increased above three percent (3%) without
written proof provided by the Supplier. In the event that City find s that a price increase
above three percent (3%) is not warranted, City may terminate this Agreement pursuant
to Section 16.B. With the exception of price adjustments as provided in this Section, no
extra charges of any kind will be allowed unless specifically agreed to in writing by City’s
authorized representative. The total price shall include (i) all federal, state and local sales,
use, excise, privilege, payroll, occupational and other taxes applicable to the Good s
furnished to City hereunder; and (ii) all charges for packing, freight and transportation to
destination.
Section 6. Term
This Agreement shall be from July 1, 2025 through June 30, 2026, unless the
Agreement is previously terminated as provided for herein (“Term”). This Agreement may
be extended via written notice as provide by Section 16 of this Agreement by the City
Manager or his or her designee for a maximum of two (2) additional years. Option Year
One, if exercised, shall be effective July 1, 2026 through June 30, 2027. Option Year Two,
0if exercised, shall be effective July 1, 2027 through June 30, 2028.
SECTION 7. CHANGES .
City, at any time, by a written order, and without notice to any surety, may make
changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an
equitable adjustment will be made in the price or time for performance or both. Any
change in the price necessitated by such change will be agreed upon between City and
Supplier and such change will be authorized by a change order document signed by City
and accepted by Supplier.
SECTION 8. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention,
after receipt of invoice, or completion of applicable Progress Milestones. Final payment
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4
shall be made by City after Supplier has satisfied all contractual requirements. Payment
of invoices shall not constitute acceptance of Goods.
B. Payments for the Goods will be made by City upon proper submittal by
Supplier of a billing invoice for the Goods. Supplier’s billing invoice will include payments
due for the original scope of work and changes. The costs of the Goods on the invoice
shall reflect the prices shown in Exhibit “B”, unless altered by the procedures set forth in
Section 6, and each change order will be itemized on the invoice. Invoices for cost plus
work, whether part of Exhibit “B” or a change order, must have subcontractor and/or
supplier invoices attached to Supplier’s invoice. Other format and support documents for
invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective
Goods not remedied, liens or other claims filed, reasonable evidence indicating probable
filing of liens or other claims, failure of Supplier to make payments properly to its
subcontractors or for material or labor, the failure of Supplier to perform any of its other
obligations under the Agreement, or to protect City against any liability arising out of
Supplier’s failure to pay or discharge taxes or other obligations. If the causes fo r which
payment is withheld are removed, the withheld payments will be made promptly. If the
said causes are not removed within a reasonable period after written notice, City may
remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be
made by City upon:
1. Submission of an invoice for satisfactory completion of the delivery
of Goods in the amount defined in Exhibit “B”;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of
this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be
entitled to file, claim, or maintain a lien of any kind or character, and containing an
averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may
furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to
City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment
pursuant to Section 5.D will constitute a waiver, release and discharge of any and all
claims and demands of any kind or character which Supplier then has, or can
subsequently acquire against City, its successors and assigns, for or on account of any
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matter or thing arising out of, or in any manner connected with, the performance of this
Agreement. However, payment for the final Progress Milestone by City will not constitute
a waiver, release or discharge of any claims or demands which City then has, or can
subsequently acquire, against Supplier, its successors and assigns, for or on account of
any matter or thing arising out of, or in any manner connected with, the performance of
this Agreement.
SECTION 9. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement.
Supplier must immediately notify City in writing any time delivery is behind schedule or
may not be completed on schedule.
B. In the event that the Goods are part of a larger project or projects that
require the coordination of multiple contractors or suppliers, then Supplier will fully
cooperate in scheduling the delivery so that City can maximize the efficient completion of
such project(s).
Section 6. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value
added or gross receipts tax imposed similar to a sales and use tax) imposed by any
federal, state or local taxing authority on the ultimate purchase price of the Goods
provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to
withhold all required taxes and contributions of any federal, state or local taxing authority
which is measured by wages, salaries or other remuneration of its employees or the
employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a
timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price
of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all
taxes assessed by any taxing jurisdiction based on Supplier property used or consumed
in the provision of the Goods, such as and including ad valorem, use, personal property
and inventory taxes, will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any
filings or payments of all taxes required to be paid by Supplier hereunder.
SECTION 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an
employee of City. Supplier shall have no power or authority by this Agreement to bind
City in any respect. Nothing in this Agreement shall be construed to be inconsistent with
this relationship or status. All employees, agents, contractors or subcontractors hired or
retained by the Supplier are employees, agents, contractors or subcontractors of the
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Supplier and not of City. City shall not be obligated in any way to pay any wage claims
or other claims made against Supplier by any such employees, agents, contractors or
subcontractors or any other person resulting from performance of this Agreement.
SECTION 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in
Section 6.A, all subcontracts and orders for the purchase or rental of supplies, materials
or equipment, or any other part of the Goods, will require that the subcontractor be bound
by and subject to all of the terms and conditions of the Agreement. No subcontract or
order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s
insurance and indemnification obligations. No subcontract or order will bind City.
SECTION 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed
and partially completed portions of the Goods upon delivery, as well as materials
delivered to and stored on City property which are intended to become a part of the
Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the
materials caused by Supplier or its subcontractors, their agents or employees, and
Supplier will replace or repair said Goods or materials at its own cost to the complete
satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid
Supplier for all or a portion of the Goods which remains in the possession of Supplier,
then City shall have title to, and the right to take possession of, such Goods at any time
following payment therefor. Risk of loss for any Goods which remains in the possession
of Supplier shall remain with Supplier until such Goods has been delivered or City has
taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property
used in the construction of the Goods but which does not become a part of the Goods.
SECTION 13. INDEMNIFICATION.
A. Supplier 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 alleged acts, omissions, negligence or willful misconduct of Supplier, its officials,
officers, employees, agents, subcontractors and subconsultants arising out of or in
connection with the Goods or the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys’ fees and other related
costs and expenses except such loss or damage which was caused by the sole
negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the City,
its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost,
expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that
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may be rendered against City or its officials, officers, employees, agents, or volunteers,
in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its
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.
C. Supplier’s obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers.
SECTION 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per
occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property
damage, at least as broad as Insurance Services Office Commercial General Liability
most recent Occurrence Form CG 00 01;
2. Workers’ Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per
occurrence; and
3. Pollution Liability Insurance of at least $1,000,000 per occurrence
and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous
materials.
4. If Supplier is also the manufacturer of any equipment included in the
Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance
which covers said equipment with limits of not less than $1,000,000 .
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on
Coverage. The policies required under this Section shall give City, its officials, officers,
employees, agents or volunteers additional insured status. Such policies shall contain a
provision stating that Supplier’s policy is primary insurance and that any insurance, self -
insurance or other coverage maintained by the City or any additional insureds shall not
be called upon to contribute to any loss, and shall contain or be endorsed with a waiver
of subrogation in favor of the City, its officials, officers, employees, agents, and
volunteers. 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 limi ts of liability.
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 shal l be provided to the parties
required to be named as additional insured pursuant to this Agreement.
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C. Insurance Carrier. All insurance required under this Section is to be placed
with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business
in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates
of insurance and endorsements effecting coverage required by the Agreement. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and
approved by the City before delivery commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this
Section before commencing work. In addition, Supplier shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by
Supplier have adequate insurance coverage for the shipped Goods.
SECTION 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a
mechanic’s or other lien or claim of any kind or character against the Goods, for or on
account of any labor, materials, fixtures, tools, machinery, equipment, or any other things
furnished, or any other work done or performance given under, arising out of, or in any
manner connected with the Agreement (such liens or claims referred to as “Claims”); and
Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights
which they now have, or may subsequently acquire, to file or maintain any Claim and
Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims
will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all
Claims that may be filed by a subcontractor, supplier or any other person or entity and
Supplier will, at its own expense, defend any and all actions based upon such Claims and
will pay all charges of attorneys and all costs and other expenses arising from such
Claims.
SECTION 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with
promptness and diligence, or to perform any of its other obligations under the Agreement,
City may terminate Supplier’s right to proceed with the delivery of the Goods by written
notice to Supplier. In such event City may obtain the Goods by whatever method it may
deem expedient, including the hiring of another contractor or other contractors and, for
that purpose, may take possession of all materials, machinery, equipment, tools and
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appliances and exercise all rights, options and privileges of Supplier. In such case
Supplier will not be entitled to receive any further payments until the Goods are delivered.
B. City may, for its own convenience, terminate Supplier’s right to proceed with
the delivery of any portion or all of the Goods by written notice to Supplier. Such
termination will be effective in the manner specified in such notice, will be without
prejudice to any claims which City may have against Supplier, and will not affect the
obligations and duties of Supplier under the Agreement with respect to portions of the
Goods not terminated.
C. On receipt of notice under Section 6.B, Supplier will, with respect to the
portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing
of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to
procure cancellation of all existing orders or contracts upon terms satisfactory to City;
and
3. Deliver only such portions of the Goods which City deems necessary
to preserve and protect those portions of the Goods already in progress and to protect
material, plant, and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 6.B, Supplier will be paid a pro rata
portion of the compensation in the Agreement for any portion of the terminated Goods
already delivered, including material and services for which it has made firm contracts
which are not canceled, it being understood that City will be entitled to such material and
services. Upon determination of the amount of said pro rata compensation, City will
promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens
and affidavit, pursuant to Section 5.B.
SECTION 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City
for failure or delay in accepting goods described herein if such failure or delay is due to a
Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreason able and unforeseeable
delay in the issuance of permits or approvals by governmental authorities that are
required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes
and other organized labor action occurring at the project site and the effects thereof on
the work, only to the extent such strikes and other organized labor action are beyond the
control of Supplier and its subcontractors, of every tier, and to the extent the effects
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thereof cannot be avoided by use of replacement workers. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations and
orders, rules to protect the public health, welfare and safety, and other actions of the City
in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall
have the option either to reduce the quantity provided for in the order accordingly or to
exercise its right of cancellation as set forth in this Agreement.
SECTION 18. MISCELLANEOUS PROVISIONS.
D. 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:
City of San Bernardino
Department of Animal Services
333 Chandler Pl.
San Bernardino, CA 92401
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
Midwest Veterinary Supply
21467 Holyoke Ave.
Lakeville, MN 55044
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.
E. Assignment or Transfer. Supplier shall not assign or transfer any interest
in this Agreement whether by assignment or novation, without the prior written consent of
the City, which will not be unreasonably withheld. Provided, however, that claims for
money due or to become due Supplier from the City under this Agreement may be
assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished
promptly to the City.
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F. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
G. Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
H. 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.
I. Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Bernardino County.
J. Attorneys’ Fees and Costs. If any action in law or equity, including an action
for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
each Party shall pay its own attorneys’ fees.
K. Interpretation. 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.
L. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
M. Authority to Enter 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.
N. 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.
O. Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
P. City’s Right to Employ Other Suppliers. City reserves its right to employ
other contractors in connection with the Goods.
Q. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties relative to the Goods specified herein. There are no understandings,
agreements, conditions, representations, warranties or promises with respect to this
Agreement, except those contained in or referred to in the writing.
R. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
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as an original signature for all purposes and shall have the same force and effect as an
original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND MIDWEST VETERINARY SUPPLY
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
Midwest Veterinary Supply
Signature
Name
Title
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EXHIBIT A
GOODS SPECIFICATIONS
Midwest Veterinary Supply provides a range of goods for animals, including veterinary
pharmaceuticals, vaccines for cats and dogs, veterinary approved cleaning supplies,
parasite prevention and treatment as well as veterinary equipment, including cages,
scales, grooming tools and surgical supplies.
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EXHIBIT B
FEE SCHEDULE
San Bernardino
Item Description 1 Vendor Name Price
RESCUE CONCENTRATE 55 GAL CLIPPER VIROX $6,967.08
NOBIVAC CANINE 1-DAPPv 25X1ds INTERVET, INC. (MERCK) $90.50
NOBIVAC INTRA-TRAC 3 25X1ds INTERVET, INC. (MERCK) $88.00
NOBIVAC FELINE 1-HCP 25X1ds INTERVET, INC. (MERCK) $75.50
CEFPODOXIME TABS 100mg 100ct D&H WHOLESALE MEDICAL, INC. $37.42
CEFPODOXIME TABS 200mg 100ct D&H WHOLESALE MEDICAL, INC. $70.85
AMOXICILLIN CAPS 250mg 500ct BLOODWORTH WHOLESALE DRUGS INC $24.33
AMOXICILLIN CAPS 500mg 500ct CLIPPER HUX $29.05
CEPHALEXIN CAPS 250mg 500ct BLOODWORTH WHOLESALE DRUGS INC $22.67
CEPHALEXIN CAPS 500mg 500ct BLOODWORTH WHOLESALE DRUGS INC $39.64
DOXYCYCLINE HYCLATE TABS NDC DISTRIBUTORS $25.09
ENROQUIN 22.7mg 500ct CLIPPER DECHRA $196.69
ENROQUIN 136mg 200ct CLIPPER DECHRA $352.90
CARPROVET FLAVORED TABS 25mg CLIPPER DECHRA $52.36
CARPROVET CHEWABLE TABS 75mg CLIPPER DECHRA $71.24
CARPROVET FLAVORED TABS 100mg CLIPPER DECHRA $75.98
CLAVACILLIN TABS 250mg 210ct CLIPPER DECHRA $199.86
AMOXICILLIN/CLAV.POT. ORAL PWD CLIPPER HUX $2.05
SYR 3cc LL 22gaX3/4" 100ct CLIPPER TERUMO $18.14
SYR 6cc LL 50ct CARDINAL HEALTH 200, INC. $13.79
SYR 12cc LL 80ct HARD PACK CLIPPER NEOGEN $24.05
NDL PH 22gaX3/4" 100ct PEEL NATIONAL DISTRIBUTION & $8.46
NDL PH 20gaX3/4" 100ct PEEL NATIONAL DISTRIBUTION & $8.16
NDL PH 18gaX1" 100ct PEEL NATIONAL DISTRIBUTION & $8.16
NDL PH 18gaX1.5" TW 100ct CLIPPER TERUMO $10.82
EUTHAPHEN 100ml C-III(N) CLIPPER DECHRA $69.47
Q-SYTE VIAL ACCESS ADAPTER VEDCO INC. $2.14
ANASED 100mg 50ml CRONUS PHARMA LLC $19.87
PROMACE INJECTION 50ml BOEHRINGER INGELHEIM $26.91
CAPSTAR TAB DOG 11.4mg 10X6ct DURVET, INC. $300.00
CAPSTAR TAB DOG 57mg 10X6ct DURVET, INC. $300.00
CAPSTAR TAB CAT 11.4mg 10X6ct DURVET, INC. $300.00
PREDNISONE TABS 5mg 100ct CLIPPER HUX $2.47
GABAPENTIN CAPS 100mg 500ct CLIPPER HUX $8.09
DOXIDYL CHEW TAB 100mg 90ct CEVA ANIMAL HEALTH, INC. $214.53
TOBRAMYCIN OPHTH SOL 0.3% 5ml VEDCO HUX $2.71
NEO/POLY/BAC OPHTH OINT CLIPPER HUX $5.52
BLADE CRYOGEN A5 10 NEWELL BRANDS DISTRIBUTION LLC $27.59
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PYRANTEL PAMOATE 32oz AURORA PHARMACEUTICAL, INC $33.00
MELOXIDYL ORAL SUS 1.5mg/ml CEVA ANIMAL HEALTH, INC. $105.02
METRONIDAZOLE TABS 500mg 500ct BLOODWORTH WHOLESALE DRUGS INC $25.05
RESCUE EZI ACTION PUMP CLIPPER VIROX $84.82
SHARPS CONTAINER RED 9gal VEDCO INC. $18.40
SHARPS RECYCLEEN 3gal VEDCO INC. $22.04
PRODINE SOLUTION GAL CLIPPER PHOENIX $52.13
ANTIGEN RAPID CANINE VEDCO INC. $110.00
CIPROFLOXACIN TABS 250mg 100ct BLOODWORTH WHOLESALE DRUGS INC $7.07
CIPROFLOXACIN TABS 750mg 50ct BLUPAX PHARMACEUTICALS, LLC $9.95
MVET ISOPROPYL ALCOHOL 70% CENTAUR ANIMAL HEALTH $0.00
HYDROGEN PEROXIDE 3% SOL GAL CLIPPER PHOENIX $6.23
VETASAN SCRUB 2% GAL CREATIVE SCIENCE, LLC $37.73
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Telicia Lopez, City Clerk
City Clerk
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the meeting minutes for the following dates:
1. October 19, 2022 Special Meeting Draft Minutes
2. January 15, 2026 Special Meeting Draft Minutes
3. January 21, 2026 Regular Meeting Draft Minutes
Click or tap here to enter text.
Click or tap here to enter text.1-2025 Strategic Targets and Goals
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, 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, OCTOBER 19, 2022
4:30 PM
The Special Meeting – Closed Session of the Mayor and City Council of the City of San
Bernardino was called to order at 4:30 PM by Mayor John Valdivia on Wednesday,
October 19, 2022, at Feldheym Central Library located at 555 West 6th Street, San
Bernardino, California 92401.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late
Sandra Ibarra Council Member, Ward 2 Late
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Late
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Special Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 2
4:30 PM
CLOSED SESSION PUBLIC COMMENT
There were no public comments received for Closed Session.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1):
a) Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b) Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS2012538
c) Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS2012926
d) Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
e) Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSB2025900
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager or designee
Employee Organization: San Bernardino Police Management Association
C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 (CED):
Property: Carousel Mall Property, 43 acres
City Negotiator: Robert D. Field or designee
Negotiating Party: SBDC (Renaissance Downtown USA/ICO Estate Group);
Lincoln Group
Under Negotiation: Price and Terms
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was no reportable action. The statement was
made during the Regular Meeting of Wednesday, October 19, 2022.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 19,
2022, at 7:14 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, October 19, 2022 in the Council Chamber located at 201 North “E” Street,
San Bernardino, California 92401. Open Session will begin at 7:00 p.m.
By:_________________________
Telicia Lopez, CMC
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING
AGENCY TO THE REDEVELOPMENT AGENCY, 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
THURSDAY, JANUARY 15, 2026
3:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 3:30 PM by Mayor Helen Tran on Thursday, January 15, 2026, at
Norman F. Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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3:30 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Joseph Paul Lujan from Victory Outreach Church led the Invocation, and
Council Member Flores led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Jim Mulvihill commented on the presentation's completeness and transparency, noting
the clear data and cost impacts when capacity targets are not met.
Zazette Scott, from the Family Assistance Program, expressed support for the city’s
navigation center and shelter efforts and offered her organization’s partnership to expand
homeless services.
Faith Gamble, a resident and SEIU 2015 member, spoke about homeless individuals
congregating around the union hall at 195 Arrow, creating safety and sanitation
concerns.
Christian Shaughnessy urged the City Council to limit the collection of immigration status
information at the navigation center to only what is necessary.
Maelena Enriquez supported the navigation center and offered youth advisory board
volunteers to help address homelessness.
DISCUSSION
1. Special Meeting - Homeless Workshop
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino,
California, receive the report on the Navigation Center and City Funded
Homeless Initiatives and provide the City Manager direction on next steps.
Deputy Director of Housing and Homelessness Cassandra Searcy, Housing Division
Manager Trina Perez, Homeless Services Coordinator Damian Fonseca, Homeless
Outreach Coordinator Audie Estrada, Homeless Solutions Manager Gabriela Leon,
PEACE Team Lieutenant Ernest Luna, and a representative from CREED, Gina
Mizorak, provided a presentation to the Mayor and City Council.
The Mayor and City Council, and staff, reviewed homelessness outreach efforts and
confirmed that reported outreach numbers reflected unique individuals and were not
duplicative. The Salvation Army was identified as the primary provider for prevention
and diversion services due to its capacity and experience, while acknowledging the
need for future expansion to additional organizations. Funding allocations,
sustainability concerns, and efforts to secure additional state, county, and federal
resources were discussed. They also reviewed plans for the Homeless Navigation
Center, including regional partnerships, operational costs, mental health services,
and nonprofit accountability.
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There was a motion by Mayor Pro-Tem Knaus to direct staff to explore and report back on
regional partnership options for the Homeless Navigation Center, including cost-sharing
with other cities and the County, and to evaluate alternative ownership or operational
models, with a full analysis of costs, offsets, and benefits to the City. The motion was
seconded by Council Member Ortiz
Council Member Sanchez amended the motion to direct staff to conduct an internal study
or select a consultant to evaluate future development options for the Palm Field property
acquired with ARPA funds, including affordable housing or permanent supportive
housing; engage the County to pursue confirmation of its proposed $11 million
contribution toward the Navigation Center and identify options to address the remaining
estimated funding gap; and explore regional partnership options for the Navigation
Center, including potential sale or transfer to the County for operation, and return to the
Mayor and City Council with findings and recommendations.
RESULT: DIRECT STAFF TO CONDUCT AN INTERNAL STUDY OR SELECT
A CONSULTANT TO EVALUATE FUTURE DEVELOPMENT
OPTIONS FOR THE PALM FIELD PROPERTY ACQUIRED WITH
ARPA FUNDS, INCLUDING AFFORDABLE HOUSING OR
PERMANENT SUPPORTIVE HOUSING; ENGAGE THE COUNTY
TO PURSUE CONFIRMATION OF ITS PROPOSED $11 MILLION
CONTRIBUTION TOWARD THE NAVIGATION CENTER AND
IDENTIFY OPTIONS TO ADDRESS THE REMAINING ESTIMATED
FUNDING GAP; AND EXPLORE REGIONAL PARTNERSHIP
OPTIONS FOR THE NAVIGATION CENTER, INCLUDING
POTENTIAL SALE OR TRANSFER TO THE COUNTY FOR
OPERATION, AND RETURN TO COUNCIL WITH FINDINGS AND
RECOMMENDATIONS [7-0]
MOVER: Kim Knaus, Mayor Pro-Tem, Ward 5
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday, January 15,
2026 at 6:45 p.m.
The next joint special 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
January 21, 2026, at the Feldheym Central Library located at 555 West 6th Street, San
Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session
will begin at 5:00 p.m.
Telicia Lopez, CMC
City Clerk
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
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, 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, JANUARY 21, 2026
3:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 3:07 PM by Mayor Pro-Tem Kim Knaus on Wednesday, January 21,
2026, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Late 4:45 PM
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro-Tem, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Absent
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez City Clerk Present
Perla Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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3:00 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.
Prior to convening in Closed Session, Deputy City Attorney Albert Maldonado stated that
Item D would be removed and not discussed because the listed address was incorrect.
Council Member Ortiz announced that she would be recusing herself from Item A (iv) of
Closed Session, due to being the subject of the claim.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVSB2226731
ii. Billy Hill v. City of San Bernardino, United States District Court Case No.
5:25-cv-00817
iii. Daniel Diaz Gomez v. City of San Bernardino, et al., United States
District Court Case No. 5:25-cv-01012
iv. Treasure Ortiz v. City of San Bernardino, et al, United States District
Court Case No. 2:25-cv-10650
v. Christopher Shipley v. City of San Bernardino, Workers’ Compensation
Case Nos. ADJ18713159, ADJ18713105, ADJ17563827, and
ADJ17582508
vi. David Bailey v. City of San Bernardino, Workers’ Compensation
Case Nos. ADJ7361034 and ADJ7364032
vii. Gerardo Orozco v. City of San Bernardino, Workers’ Compensation
Case Nos. ADJ16747286 and ADJ6588293
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager or Designee Unrepresented
Group – Executive Group
C) CONFERENCE WITH LEGAL COUNSEL – Significant Exposure to Litigation
(Pursuant to Government Code Section 54956.9(d)(2)): 1 Case.
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8) – Discuss Sale of Property
Property: 320 North E Street, San Bernardino, CA 92401 City Negotiator: City
Manager or Designee Negotiating Parties: Enterprise Technology Alliance, Inc.
Under Negotiations: Price and Terms
5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 5:10 PM by Mayor Pro-Tem Kim Knaus on Wednesday, January 21,
2026, at Feldheym Central Library, San Bernardino, CA.
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Attendee Name Title Status Arrived
INVOCATION AND PLEDGE OF ALLEGIANCE
Rikke Van Johnson led the invocation, and Adiel Griejelva from Muscoy Elementary
School led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
Deputy City Attorney Albert Maldonado stated that Item A (iii), Daniel Diaz Gomez v. City
of San Bernardino, and Item D, Conference with Real Property Negotiators, were not
discussed. Regarding Item A (iv) Treasure Ortiz v. City of San Bernardino, the council
voted 5-0 to release a statement/press release; Council Member Figueroa was absent
during the discussion. Attorney Maldonado read the statement/press release.
PUBLIC HEARING
1. Introduce for First Reading Ordinance No. MC-1659 Approving
Development Code Amendment 25-11 (Accessory Dwelling Unit 2025
Legislative Update)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Introduce and read by title only, and waive further reading of
Ordinance No. MC-1659 of the Mayor and City Council of
the City of San Bernardino, California, approving Development
Code Amendment 25-11 amending Chapter 19.04 (Residential
Zones); Section 19.04.030(2) (P) (Residential Zones Specific
Standards - Accessory Dwelling Units) of the City of San
Bernardino Development Code (SBMC Title 19) to update the
development standards for Accessory Dwelling Units and Junior
Accessory Dwelling Units in compliance with recent changes in
state law; and finding such action statutorily exempt from the
California Environmental Quality Act under Public Resources
Code Section 21080.17;
2. Schedule the adoption of Ordinance No. MC-1659 to the
regularly scheduled meeting of the Mayor and City Council on
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February 4, 2026.
Mayor Pro-Tem Knaus opened the public hearing at 5:19 p.m.
Associate Planner George Velarde gave a presentation to the Mayor Pro Tem and the
City Council.
There were no Public Comments.
Mayor Pro-Tem Knaus closed the Public Hearing at 5:26 p.m.
Council Members discussed the state-mandated ordinance requiring updates to the
City’s ADU regulations, noting that failure to codify the changes would limit the City’s
ability to regulate under state law. Council Members raised concerns regarding parking
impacts, infrastructure capacity, enforcement challenges, neighborhood saturation, and
affordability, emphasizing that ADUs were ministerial approvals governed largely by
state legislation. Staff and Deputy City Attorney explained that the ordinance was
required for compliance, that size limits had already been reduced to the maximum
extent allowed by state law, and that enforcement and parking issues would need to be
addressed separately. The Council proceeded to consider the ordinance while
acknowledging ongoing concerns and the need for future review and enforcement
efforts.
RESULT: INTRODUCED ORDINANCE NO. MC-1659 [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz
NOES: Fred Shorett
City Clerk Lopez read the title of the Ordinance into the record.
The final reading of the Ordinance was scheduled for February 4, 2026.
CITY MANAGER UPDATE
City Manager Eric Levitt provided the City Manager Updates. Highlights included the
Martin Luther King Jr. Day celebration, the 2026 homeless point-in-time count on January
22nd, the Animal Services statistics for 2025, improvements to Route 66, the approval of
Congress to fund the Police Department mobile crime prevention program, and the new
Parks and Recreation guide available online.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mike Hartley spoke out against the city issuing thousands of ADU permits without
expanding code enforcement, warning that it could harm San Bernardino.
Al Palazzo shared past experiences as a visionary, noting missed opportunities to bring
major developments. He expressed that the ADU issue is complex, with both pros and
cons, and it could help revitalize parts of San Bernardino.
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Rikkie Van Johnson highlighted the community center's programs and opportunities.
Keith Benitez, representing the Youth Advisory Board of San Bernardino, reminded
the council and community about the upcoming Point-in-Time count.
Dr. Rob Carlson urged the City Council to address ICE actions in San Bernardino.
Maelena Enriquez, representing the San Bernardino County Youth Advisory Board,
announced their first event of the year on February 28th.
Sam Catalano, represented Perris Hill Pickle Ball, promoted park facilities and plans
for a regional pickleball and tennis center to boost community use and local
business.
Kailin Peoples spoke in support of item 16 and asked the council to approve a project
providing 19 townhomes for essential workers.
Keith Benitez, a youth advocate, spoke about the city’s Point-in-Time Count but
warned that current methods don’t reflect the reality of homelessness.
James Smith, chairman of the Arts and Historical Preservation Commission, praised
City leadership and urged support for the homeless navigation center project.
Erick Marquez proposed a small business loan program to help entrepreneurs and
boost San Bernardino’s growth.
Scott Olson spoke about a Council Member misleading voters about political
affiliation and taking credit for helping San Bernardino recover from bankruptcy.
Christian Shaughnessy urged the city to act quickly on homelessness, emphasizing
the need for a navigation center and stronger housing protections.
Les spoke on the City Council, ignoring homelessness, limiting public input, and
failing to hold police accountable, while calling for an emergency shelter and better
city leadership.
Dolores Armstead spoke on the city for losing the prestigious paragliding site, failing
to address ongoing issues like the Oxbow, not reopening City Hall, and missing out
on revenue from events, calling the downtown and neglected.
Michael Williamson described damage to a wall caused by a city tree, his attempts to
have it repaired through a claim, and expressed frustration with the city’s handling.
Zazette Scott, a San Bernardino nonprofit leader and affordable housing specialist,
highlighted nonprofits’ vital work and urged fair treatment, while supporting the
Family Assistance Program.
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Lydia Savala noted that the new Director of Animal Services, Jasmine Glover,
inherits a challenging pet overpopulation issue stemming from past policies, and
praised the mobile veterinary vehicle.
Moe Zavala, a representative of the San Bernardino Democratic Luncheon Club,
spoke about a “do not support” letter opposing Benito Barrios, citing past alliances
and controversies.
Carmen Gallegos praised the city’s cleanup efforts and reduced fires, then urged
improvements to sidewalks and road safety, especially near Tippecanoe and Ninth,
to better protect pedestrians.
Tifanny Lee, a Ward 5 homeowner, urged the city to expedite opening the Homeless
Navigation Center, citing safety and quality-of-life concerns.
Sharon Negrete urged the city to move forward with a new animal shelter, citing
unsafe conditions at the current facility and offering revenue ideas and volunteer
support.
John Schollenberger spoke on alleged misconduct involving police leadership and
questioned potential conflicts of interest tied to POA endorsements.
Prior to hearing the Consent Calendar, City Manager Levitt announced that Item No. 6 had
a correction and asked to pull the item to discuss, and Discussion Item No. 15 had a
correction as well.
Council Member Ibarra left the dais before taking the Consent Calendar vote.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR. ITEM NO. 6 WAS
PULLED BY STAFF FOR DISCUSSION AND ITEM NOS. 9, 10, AND
14 WERE PULLED FOR FURTHER DISCUSSION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
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2. Approval of Various Mayor and City Council Meeting Minutes
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the meeting minutes for the following dates:
1. July 20, 2022 Regular Meeting Minutes
2. December 14, 2022 Special Meeting Minutes
3. May 9, 2023 Special Meeting Minutes
4. May 11-13, 2023 Special Meeting Minutes
5. November 19, 2025 Regular Meeting Minutes
6. December 3, 2025 Special Meeting Minutes
7. December 10, 2025 Special Meeting Minutes
RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
3. American Rescue Plan Update (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, receive and file this report providing an update on
American Rescue Plan Act (ARPA)-funded expenditures as of September 30,
2025.
RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
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4. Approval of Commercial and Payroll Disbursements and
Purchase Card Transactions for October 2025 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, approve the commercial, payroll disbursements and
purchasing card transactions for October 2025.
RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
5. Investment Portfolio Report for October 2025 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, receive and file the Monthly Investment Portfolio Report
for October 2025.
RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
Council Member Ibarra returned to the dais at 7:11 p.m.
6. Adopting the Executive Compensation and Benefits Plan; and
Amending the Executive Group Salary Schedule
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2026-001 of the Mayor and City Council of the
City of San Bernardino, California, approving the Executive
Compensation and Benefits Plan and repealing Resolution No.
2022-59; and
2. Amend the Executive Group Salary Schedule effective 7/7/2025 and
the Citywide Salary Schedule for Full-Time, Part-Time, Temporary, and
Seasonal Employees effective 1/5/2026
Council Member Figueroa left the dais at 7:17 p.m.
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Director of Human Resources Andrea Russell noted a correction to the staff report,
clarifying the cost-of-living increase as 3.5% instead of 3% and explaining how it
would be split if revenues fall below projections.
Council Member Ortiz discussed the correction of the staff report error, clarifying a
3.5% COLA, and questioning a proposed $29,000 compaction raise for the Chief of
Police.
Council Members debated whether the adjustment was necessary now or could be
delayed given budget concerns, noting it was a recommendation, not a mandate.
RESULT: ADOPTED RESOLUTION NO. 2026-001 [5-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Knaus, Flores
NOES: Treasure Ortiz
ABSENT: Juan Figueroa
7. Basic Compensation Plan for Part-Time, Temporary and Seasonal
Employees (All Wards)
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-002:
1. Approving a basic compensation plan for part-time, temporary and
seasonal employees, and
2. Amending the City-wide salary schedule for full-time, part-time,
temporary, and seasonal positions.
RESULT: ADOPTED RESOLUTION NO. 2026-002 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
8. Technical Correction Authorizing the Carryover of Unspent ERP Funds
from FY 2024/25 to Amend the FY 2025/26 Operating Budget (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize the Director of Finance & Management
Services to amend the Fiscal Year (FY) 2025/26 Operating Budget to increase
expenditures by $4,172,551.87, reflecting the carryover of unspent Enterprise
Resource Planning (ERP) funds from the Fiscal Year 2024/25.
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RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
9. Award of Agreement for University Parkway Extension – Median &
Streetscape Improvements in the amount of $1,011,835 to H L Hitchcock
Construction Inc. (Ward 6)
Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve the award of an Agreement with H L Hitchcock Construction
Inc. in the amount of $1,011,835.00 for the construction cost of the
University Parkway Extension – Median & Streetscape
Improvements (Project); and
2. Authorize the construction contingencies, construction
management, and administrative costs in the total amount of
$118,000 for the Project, bringing the total project budget to
$1,129,835.00; and
3. Authorize the City Manager or designee to execute all documents
with H L Hitchcock Construction Inc; and
4. Authorize the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
Council Members discussed the State Street expansion project, which originally included
pavers and quarry rock in the median. The previous City Manager had removed the
original median landscaping and directed a redesign with full landscaping, resulting in a
proposed $1.1 million project with $60,000 in annual maintenance costs. Concerns were
raised about the fiscal impact, ongoing maintenance, and precedent for future medians.
Council Members decided to continue the item to allow staff to confirm permitting
requirements with the Department of Water Resources and explore cost-effective options
before moving forward.
RESULT: CONTINUE THE ITEM TO ALLOW STAFF TIME TO CONTACT THE
DEPARTMENT OF WATER RESOURCES REGARDING THE
PERMIT PROCESS [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
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10. Award of Construction Agreement to PowerTech Inc. for Rowe Library - Parking Lot Surfacing in the amount of $110,367.08 and Contingency of $109,632.92 for a Total Amount of $220,000 (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California;
1. Approve the award of a Construction Agreement with
PowerTech Inc., in the amount of $110,367.08 for the Rowe
Library - Parking Lot Surfacing (Project); and
2. Authorize the construction contingencies, construction
management, and administrative costs in the total amount of
$109,632.92 for the Project, bringing the total Project budget
to $220,000; and
3. Authorize the City Manager or designee to execute all
documents with PowerTech Inc.; and
4. Authorize the City Manager or designee to expend the
contingency fund, if necessary, to complete the Project.
Council Members questioned the 100% contingency for a parking lot project, noted this
was unusually high, and staff explained it was due to potential unknown conditions under
the old lot. After discussion, the contingency was reduced to 15%, with staff agreeing to
report any unforeseen issues and apply this approach to future CIP projects.
RESULT: APPROVED STAFF RECOMMENDATION AS AMENDED WITH A
15% CONTINGENCY [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
11. Approve Amendment No. 1 to the Professional Services Agreement
with Next Practice Partners, LLC for the City of San Bernardino Parks
Master Plan (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California:
1. Approve Amendment No. 1 to the Professional Services Agreement
with Next Practice Partners, LLC to renew and extend the contract
term for preparation of the City of San Bernardino Parks Master
Plan through June 30, 2026; and,
2. Authorize the City Manager, or designee, to execute Amendment No. 1;
and
3. Authorize the Interim Director of Management Services to establish
a purchase order for the remaining contract balance in an amount
not to exceed $98,139.00.
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RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
12. Approval of Amendment No. 1 to the Maintenance Services Agreement
with Cal Stripe, Inc. to Correct the Not-to-Exceed Amount and Clarify the
Total Contract Value for All Option Years (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Maintenance Services Agreement
with Cal Stripe, Inc. to increase the not -to -exceed amount from
$420,000.00 to $2,100,000.00, clarifying that the total contract value
reflects the cumulative amount for the full five-year term, which
includes the initial term and all four option years, as authorized under
the Original Agreement; and
2. Authorize the City Manager to execute all related documents
necessary to effectuate this amendment.
RESULT: APPROVED STAFF RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
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Mayor and City Council of the City of San Bernardino Page 13
13. Approve Stop Sign Installation at Various Locations (Wards 1, 2, 4, 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino California, adopt Resolution No. 2026-003 authorizing the City
Manager and/or designee to amend the City’s Master List of certain streets or
portions thereof designated as Through Highways and authorizing the
establishment of stop control at the following locations:
a. Pine Ave & Irvington Ave (Ward 5)
b. 11th St & J St (Ward 1)
c. 11th St & Wall Ave (Ward 1)
d. 11th St & Perris St (Ward 1)
e. 49th St & E St (Ward 4)
f. Mountain Ave & Marshall Blvd (Ward 4)
g. 28th St & Turill Ave (Ward 2)
h. Bobbet Dr & Olive St (Ward 1)
RESULT: ADOPTED RESOLUTION NO. 2026-003 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
ABSENT: Sandra Ibarra
NOES: None
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Regular Meeting Draft Minutes January 21, 2026
Mayor and City Council of the City of San Bernardino Page 14
14. Award of Construction Agreement to Toro Enterprises Inc. for
Construction of a Raised Median Island Along Kendall Drive Between
H Street and E Street Project - in the Amount of $2,489,475.40 and
Contingency of $560,524.60 for a Total Amount of $3,050,000 (Ward 4,5
and 7) p. 850
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California;
1. Approve the award of a Construction Agreement with Toro
Enterprises Inc., in the amount of $2,489,475.40 for the
Construction of a Raised Median Island Along Kendall Drive
Between H Street and E Street Project; and
2. Authorize the construction contingencies, construction
management, and administrative costs in the total amount of
$560,524.60 for the Project, bringing the total Project budget to
$3,050,000; and
3. Authorize the Interim Director of Finance and Management
Services to approve the reallocation of Measure I funds in the
amount of $1,135,945.42 from the Street Improvements
(Rehabilitation) City Wide at 50 Locations To Be Constructed in
Phases Project (SS25-001) to fully fund the Construction of a
Raised Median Island Along Kendall Drive Between H Street and
E Street Project; and
4. Adopt Resolution No. 2026-004 amending the FY 2025-26 Capital
Improvement Program Budget to reallocate Measure I funds in the
amount of $1,135,945.42 from the Street Improvements
(Rehabilitation) City Wide at 50 Locations To Be Constructed in
Phases Project (SS25-001) to fully fund the Construction of a
Raised Median Island Along Kendall Drive Between H Street and
E Street Project.
5. Authorize the City Manager or designee to execute all documents
with Toro Enterprises Inc.; and
6. Authorize the City Manager or designee to expend the
contingency fund, if necessary, to complete the Project.
Council Members expressed support for the traffic safety project, highlighting its
importance for residents and schoolchildren. Questions were raised about median
placement, impacts on local businesses, and safety along curves. Staff confirmed
access would be maintained and mitigation measures like wider medians, speed
feedback signs, and future traffic studies would be implemented.
Council Member Ibarra requested that staff explore additional traffic options for the
curves to ensure safety.
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Regular Meeting Draft Minutes January 21, 2026
Mayor and City Council of the City of San Bernardino Page 15
RESULT: APPROVED STAFF RECOMMENDATION [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: Sandra Ibarra
DISCUSSION
15. Award of Construction Agreement to Spec Construction Co Inc. for
Construction of Homeless Navigation Center SB Campus Project in the
amount of $15,037,000 and Contingency of $2,255,550 for a Total
Amount of $17,292,500 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California;
1. Approve the award of a Construction Agreement with Spec Construction
Co Inc., in the amount of $15,037,000 for the Construction of Homeless
Navigation Center SB Campus Project; and
2. Authorize the construction contingencies and administrative costs in the
total amount of $2,255,550 for the Project, bringing the total Project
budget for the Construction Agreement to $17,292,550; and
3. Approve Resolution No. 2026-005 authorizing the Interim Director of
Finance and Management Services to amend the FY 2025-2026
Operating Budget to loan $8,768,982 from the General Fund - Fund
Balance to fully fund the construction of the San Bernardino Homeless
Navigation Center SB Campus Project; and
4. Authorize the City Manager or designee to execute all documents with Spec
Construction Co Inc.; and
5. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
There was a consensus from the Mayor and City Council to waive the presentation.
RESULT: APPROVED STAFF RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
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Regular Meeting Draft Minutes January 21, 2026
Mayor and City Council of the City of San Bernardino Page 16
16. Exclusive Negotiating Agreement (ENA) with Neighborhood Housing
Services of the Inland Empire (NHSIE) for the Development of Surplus
Land Act Site 8, 9 and 10 for Affordable Housing (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2026-006:
1. Approve the Exclusive Negotiating Agreement (ENA) between the
City of San Bernardino and Neighborhood Housing Services of the
Inland Empire (NHSIE), a California non -profit public benefit
corporation, for the development of approximately 0.86 acres of
city-owned surplus land, identified as sites 8, 9 and 10 (“Property”),
for affordable housing; and
2. Authorize the City Manager, Deputy City Manager, or designee to
execute the ENA, along with any subsequent amendments,
extensions, and other necessary documents to complete the
transaction
There was a consensus from the Mayor and City Council to waive the presentation.
Deputy City Attorney Maldonado asked that the item be approved contingent upon final
legal review, as BBK’s housing attorney is still negotiating the final provisions.
Council Members discussed exclusive negotiation rights for a 19-unit, low- to moderate-
income homeownership project. Units will be owner-occupied, with deed restrictions and
down payment assistance to ensure affordability. Staff will continue community outreach,
ensure neighborhood compatibility, and address parking and design concerns.
RESULT: ADOPTED RESOLUTION NO. 2026-006 AND WITH A
CONTINGENT UPON FINAL LEGAL REVIEW [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz
NOES: None
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Regular Meeting Draft Minutes January 21, 2026
Mayor and City Council of the City of San Bernardino Page 17
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
At this time, the Mayor and City Council provided updates to the community. Council
Member Ibarra thanked the public for their support during personal health challenges and
highlighted efforts to address homelessness, including participating in the annual point-in-
time count. Other Council Members noted community events, ribbon cuttings, and Martin
Luther King Jr. celebrations, and expressed gratitude to the community. Council Member
Shorett proudly announced his daughter-in-law’s promotion to Command Chief Warrant
Officer in the Nevada National Guard.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 21,
2026 at 8:36 p.m.
The next joint special 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
February 4, 2026, at the Feldheym Central Library located at 555 West 6th Street, San
Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session
will begin at 5:00 p.m.
Telicia Lopez, CMC
City Clerk
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Finance & Management Services
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt resolution 2026-016, which supersedes the previously adopted
resolution No. 2024-135 for the purpose of reallocating grant funds:
1. Authorizing the City Manager or his designee to accept state funds administered
through the California Natural Resources Agency for the Seccombe Lake Park
Rehabilitation Project in the amount of $5,000,000; and
2. Authorizing the City Manager or his designee to conduct all negotiations,
signing, and submittals of necessary documents to receive the awarded funds.
3. Authorize the Director of Finance & Management Services to reallocate
$5,000,000 from the Park Land Replacement Project to the Seccombe Lake
Park Rehabilitation Project.
The City Manager recommends approval.
This report seeks to formally recognize, by resolution, the $5,000,000 in state funding
appropriated in FY 2023/24 by Assemblymember Ramos for a Park Land Replacement
Project. The funds, administered through the California Natural Resources Agency, are
proposed to be repurposed for the Seccombe Lake Park Rehabilitation Project in lieu
of the originally designated park land replacement project.
In early 2024, the California Natural Resources Agency (CNRA) notified the City of San
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Bernardino of a $5,000,000 state funding award to replace parkland at Seccombe Lake
Park. After the original project stalled, City staff coordinated with Assemblymember
Ramos’ office and CNRA to obtain approval to repurpose the funding. To date, there
are no expenditures, and staff will re-engage in the grant administration process with
the CNRA to access the awarded funds. The period of performance for the Seccombe
Lake Park Rehabilitation Project ends on December 31, 2028.
Discussion
On June 4, 2024, Council approved Resolution 2024-135 to accept $5M in state funds
appropriated by Assemblymember Ramos and administered by the CNRA for a park
land replacement project. At the time of the request, the City and the Richman Group
had an exclusive negotiating agreement (ENA) to develop 12.5 acres of housing on
Seccombe Lake Park, which would need to be replaced with substitute parkland as
required under the California Public Park Preservation Act of 1971. The funds were to
be used to purchase 12.5 acres of replacement parkland, located on Sixth Street and
approximately .5 miles away from Seccombe Lake Park. Due to a stall in the housing
development project, staff worked with Assemblymember Ramos’ office to receive
approval to reallocate the funds to the Seccombe Lake Park Rehabilitation Project.
The request was approved and the state funds will continue to be administered through
the CNRA. A new resolution is needed to reflect the updated use of these state funds
for both the City’s records and the State.
The Seccombe Lake Park Rehabilitation Project requires a substantial budget
allocation due to the extensive rehabilitation scope. The project received $12.8 million
in City ARPA funds and $1M from the San Manuel Band of Mission Indians.
The additional $5M in state funds will help provide the improvements listed below. The
additional improvements are subject to change based on feasibility and construction
costs.
Pickleball Courts
Concreate Art Pads
Additional Accessibility
Improvements
Dog Park Enhancements
Lake Cleanup
Renovation of Northern
Parking Lot
2021-2025 Strategic Targets and Goals
This request aligns with Key Strategic Goal 3: Improved Quality of Life - Constantly
evaluate public safety service delivery models to enhance the quality of service. If
approved, the City will leverage State funding to support completion of the Seccombe
Lake Park rehabilitation project.
Fiscal Impact
There is no fiscal impact associated with this item. The funds were recognized in the
FY 2023/24 Operating Budget and were carried over to the current FY25/26 budget.
The funds will be reallocated from the Park Land Replacement Project to the
Seccombe Lake Park Rehabilitation Project.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt resolution 2026-016, which supersedes the previously adopted
resolution No. 2024-135 for the purpose of reallocating grant funds:
1. Authorizing the City Manager or his designee to accept state funds administered
through the California Natural Resources Agency for the Seccombe Lake Park
Rehabilitation Project in the amount of $5,000,000; and
2. Authorizing the City Manager or his designee to conduct all negotiations,
signing, and submittals of necessary documents to receive the awarded funds.
3. Authorize the Director of Finance & Management Services to reallocate
$5,000,000 from the Park Land Replacement Project to the Seccombe Lake
Park Rehabilitation Project.
Attachments
Attachment 1- Resolution No. 2026-016
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2024 The Mayor and City Council approved Resolution No. 2024-
135 authorizing the City Manager to accept state in the
amount of $5,000,000 to conduct all negotiations, signing, and
submittals of necessary documents to receive the awarded
funds; and authorized the Director of Finance and
Management Services to amend the FY 2023/24 Operating
Budget in the amount of $5,000,000 in both revenue and
expenditures to appropriate the state funds.
CC: Eric Levitt, City Manager
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Resolution No. 2026-016
Resolution No. 2026
March 4, 2026
Page 1 of 3
RESOLUTION NO. 2026-016
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RESCINDING AND REPLACING RESOLUTION NO. 2024-
135 FOR APPROVAL AND ACCEPTANCE OF GENERAL
FUND GRANT FUNDS FOR THE SECCOMBE LAKE PARK
REHABILITATION PROJECT IN THE AMOUNT OF
$5,000,000
WHEREAS, the Legislature and Governor of the State of California have approved a grant
for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
Responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency
require the Grantee to certify by resolution the approval of a Project Information Package before
submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for the
above project.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Approves the acceptance of a general fund allocation for local assistance for the
above project(s); and
SECTION 2. Certifies that said agency understands the assurances and certification in the Project
Information Form; and
SECTION 3. Certifies that said agency will have sufficient funds to develop, operate and
maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure
the resources to do so; and
SECTION 4. Certifies that said agency will comply with the provisions of Section 1771.5 of the
California Labor Code.
SECTION 5. If applicable, certifies that the project will comply with any laws and regulation
including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for
building codes, health and safety codes, disabled access laws, environmental laws and, that prior to
commencement of construction, all applicable licenses and permits will have been obtained.
SECTION 6. Certifies that said agency has reviewed and understands the General Provisions
contained in the sample Grant Agreement contained in the Procedural Guide; and
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Resolution No. 2026-016
Resolution No. 2026
March 4, 2026
Page 2 of 3
SECTION 7. Appoints the City Manager, or designee, as agent to conduct all negotiations,
execute and submit all documents including, but not limited to the Project Information Form, agreements,
payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
SECTION 8. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 9. 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 10. 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 4th day of March 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2026-016
Resolution No. 2026
March 4, 2026
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2026-016 adopted at a regular meeting held on the 4th day of March 2026 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 5th day of March 2026.
Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Finance & Management Services
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the professional services agreement with Eadie Payne LLP for
financial auditing services in the amount of $542,860 for fiscal years ending June 30,
2026, through June 30, 2030, with the option of auditing the City’s financial statements
for two subsequent years (through June 30, 2032).
The Finance Department soliciting proposals for audit services for the City through
June 30, 2030. The City Manager concurs with the Finance Department
recommendation to award to Eadie Payne LLP for a total of $542,869 over 5 years.
Pursuant to California law, each year, the City engages the services of an independent
auditor to audit its financial statements and related internal control procedures. The
City’s previous auditor was Rogers, Anderson, Malody and Scott, LLP (RAMS),
completing their independent audit for the City’s Annual Comprehensive Financial
Report (ACFR) for the fiscal year ended June 30, 2025. The City sent out a Request
for Proposals (RFP) for auditing services and an internal committee determined that
contracting with Eadie Payne LLP for audit services from June 30, 2026 through June
30, 2030 with the option of auditing the City’s financials for two additional years is the
best choice based on qualifications, expertise, transparency, and price.
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Background
The purpose of an independent auditor's report for government agencies is to provide
stakeholders (citizens, lawmakers) with objective assurance and transparency on
financial accountability, program effectiveness, and compliance with laws, improving
trust and decision-making by verifying fair presentation, strong internal controls, and
proper use of public funds.
The City issued an RFP for audit services. Audit services for the fiscal year to be
audited usually commence in the month of May of that fiscal year with a review on
internal controls and accounting procedures and continue until December of the
following fiscal year.
The City received six (6) proposals:
Proposer Location Amount Comments
The Pun Group LLP Santa Ana, CA $541,512
Vasquez & Company LLP Glendale, CA $523,300
Forvis LLP Irvine, CA $670,000
Eadie Payne LLP Riverside, CA $542,860
Rogers, Anderson, Malody,
Scott (RAMS) LLP (current
auditor)
San Bernardino,
CA $545,072
Includes a 5% credit
for being local
Clifton Larson Allen (CLA) LLP Ontario, CA $634,790
An independent financial audit is crucial for a city because it provides an objective,
unbiased evaluation of financial records, ensuring that public funds are managed with
integrity, transparency, and accuracy.
Discussion
The RFP issued for auditing services requested that the audit be conducted in
accordance with Generally Accepted Government Auditing Standards (GAGAS),
issued by the Government Accountability Office (GAO) of the United States. These
standard provide the framework for conducting high-quality audits of government
programs, entities, and funds. These standards are used to ensure that audits of
government spending are reliable, objective, and transparent.
The scope of work required of the potential auditor included:
To perform a financial and compliance audit to determine (a) whether the
combined financial statements of the City fairly present the financial position
and the results of financial operations in accordance with generally accepted
accounting principles, and (b) whether the City has complied with laws and
regulations that may have a material effect upon the financial statements.
To examine the City’s internal accounting controls and accounting procedures
and render written reports of their findings and recommendations to the City
and its legislative body.
The examination shall report conditions found during the audit that can be
defined as either a significant or material weakness in the design or operation
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of the internal control structure, which could adversely affect the organization’s
ability to record, process, summarize, and report financial data.
The auditors shall be required to make an immediate, written report of all
irregularities and illegal acts or indications of illegal acts of which they become
aware.
The Auditors shall submit a management letter indicating their findings and/or
recommendations on those matters noted and observed during the conduct of
the examination of the financial records.
When evaluating the proposals, the internal committee took into consideration the
following categories:
Approach to audit quality; identifying risks and determining materiality;
Team knowledge and experience; in-depth knowledge of governmental
Accounting, fund accounting, and applicable state and/or federal laws;
Single-audit capability;
Value added services;
Detailed scope;
Responsiveness, communicativeness throughout and after the audit;
Quality control procedures;
Location of offices (proximity to the City);
Pricing of the engagement.
Although Vasquez & Company submitted the lowest responsive bid, the internal
committee noted that their offices are further away. The committee believed
geographic proximity is beneficial for efficiency and quality. Proximity allows for easier,
face-to-face access to staff, physical documents and systems. Local auditors often
have better context-specific knowledge of the local regulations and economic
environment.
The next three (proposers) scored similarly and had competitive pricing:
The Pun Group LLP - prior auditor for 6 years (FY2013-14 through 2018-19);
Eadie Payne LLP, and
Rogers, Anderson, Malody, Scott (RAMS) LLP - current auditor for 6 years
(FY2019-20 through 2024-25)
City staff believes that awarding the professional services agreement for audit services
to Eadie Payne LLP will provide a commitment to fresh perspectives, potentially
uncovering overlooked risks, errors, or possible fraud:
Fresh Perspective & Objectivity: The new auditors are not tied to past decisions,
allowing them to evaluate financial reporting with unbiased, fresh eyes, which
can lead to identifying missed issues.
Increased Risk Detection: A new auditor may identify vulnerabilities or material
weaknesses that were previously overlooked.
Signaling Increased Scrutiny: This action demonstrates to stakeholders and
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investors a commitment to enhanced governance and high-quality oversight.
Familiarity Threat: Selecting a new auditor helps mitigate the familiarity
threat—the risk that a long-standing relationship with a client causes the
auditor to become too sympathetic to their interests or too accepting of their
work. A new, independent firm brings "fresh eyes" to the financial reporting
process, which is critical for restoring objectivity, skepticism, and trust.
2021-2025 Strategic Targets and Goals
Fiscal Impact
Conclusion
Attachments
Ward:
Synopsis of Previous Council Actions:
CC: Eric Levitt, City Manager
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND EADIE PAYNE LLP
This Agreement is made and entered into as of April 1, 2026 by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, CA 92401 (“City”), and Eadie Payne LLP, a
Partnership with its principal place of business at 3880 Lemon St., Ste 300, Riverside,
CA 92501 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter
sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project:
Financial Auditing Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by
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Consultant under this Agreement exceed the sum of $542,860. This amount is to cover
all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the
total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives
said invoice. The invoice shall describe in detail the services performed and the
associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as “Additional Services” and shall identify
the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warranted,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be required to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered
and no price increases will be permitted during the first year of this Agreement, unless
agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue
through JUNE 30, 2030, unless the Agreement is previously terminated as provided for
herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
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control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Consultant’s performance shall conform in all material
respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
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13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
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(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
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(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the
Consultant shall maintain privacy/network security insurance for: (1) privacy breaches,
(2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation
or spread of malicious software code, in a form and with insurance companies acceptable
to the City.
g. Aviation and/or Drone Liability N/A
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At all times during the performance of the work under this Agreement, the
Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and
property damage, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability N/A
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
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j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
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to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
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expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
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time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s professional services occurs, Consultant
shall, at no cost to City, provide all other services necessary to rectify and correct the
matter to the sole satisfaction of the City and to participate in any meeting required with
regard to the correction.
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24. Prohibited Employment. Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
27. Organization. Consultant shall assign Eden C. Casareno as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Eric Levitt
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Eadie Payne LLP
3880 Lemon St., Ste 300
Riverside, CA 92405
Attn: Eden C. Casareno
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
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shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
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40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND EADIE PAYNE LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
ERIC LEVITT
City Manager
ATTESTED BY:
TELICIA LOPEZ, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
EADIE PAYNE LLP
EDEN C. CASARENO
Partner
Signature
Name
Title
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EXHIBIT A
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City of San Bernardino
Proposal for Professional Auditing Services
JUNE 20, 2025
WWW.EADIEPAYNELLP.COM
PREPARED BY
EadiePayne
3880 Lemon St., Suite 300
Riverside, CA 92501
CONTACT PERSON
Eden C. Casareno
Office: (951) 241-7805
ecasareno@eadiepaynellp.com
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3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
EXECUTIVE SUMMARY
On behalf of Eadie and Payne, LLP (EadiePayne), we are enthusiastic about the opportunity to
serve the City Council, management team, and community of City of San Bernardino (City).
EadiePayne is pleased to provide you with our proposal to perform the audit of all funds of the
City’s reporting entity for the fiscal years ending June 30, 2026, 2027, 2028, 2029 and 2030, with
the option of auditing its financial statements for two subsequent years.
Why Choose EadiePayne?
Experience Auditor for Municipalities: Experience Auditor for Municipalities: EadiePayne has been performing quality audits for
municipalities for over 15 years.
Not a One Size Fits All Approach:Not a One Size Fits All Approach: EadiePayne recognizes that no two entities are the same. We
pride ourselves in co-developing our audit plans with management to ensure that we meet or
surpass your expectations.
Custom Staff Training: EadiePayne is including in our proposal 20 hours of routine consulting
and training to assist City management and staff keep up to date on relevant accounting and
compliance issues. The application of these hours will be co-developed with the City based on
its needs.
Communication:Communication: EadiePayne recognizes that effective and efficient communication is essential to
a successful audit. We streamline the communication process with management and governing
bodies because we appreciate the challenges of managing the audit process while running the
day-to-day operations of the City.
Technology: EadiePayne has invested highly in cutting edge audit and supporting technologies.
This ensures that the City will receive timely, efficient, and secure results.
The undersigned certifies that they are entitled to represent the firm, empowered to submit the
bid, and authorized to sign a contract with the City.
We appreciate the opportunity to share our credentials and look forward to working with you and
your team.
Sincerely,
Eden C. Casareno, Engagement Partner
Office: (951) 241-7805
Email: ecasareno@eadiepaynellp.com
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CITY OF SAN BERNARDINO
TABLE OF CONTENTS
Identification of Proposer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Staffing Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Fiscal Stability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Experience and Technical Competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Proposed Method to Accomplish the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Fee Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Other Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Certification of Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31
Peer Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
Statement of “No Deviations from RFP” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
PAGE
Packet Page. 168
CITY OF SAN BERNARDINO | 1
Legal name and address of the company
Eadie and Payne, LLP
3880 Lemon St.,Suite 300
Riverside, CA 92501
Legal form of company (partnership, corporation)
Partnership
If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
Not applicable.
Name, title, address, and telephone number of the proposed representative to contact concerning
the Proposal Submittal
Eden C. Casareno, Partner-in-Charge of Attest
Eadie and Payne, LLP
3880 Lemon St., Suite 300
Riverside, CA 92501
Office: 951-241-7805
Email: ecasareno@eadiepaynellp.com
California Business License Number
EadiePayne, LLP is licensed to practice as a certified public accounting firm in the State of California,
license number 411. City of Riverside Business License Number 1245564.
IDENTIFICATION OF PROPOSER
Packet Page. 169
CITY OF SAN BERNARDINO | 2
STAFFING RESOURCES
Victoria Simmons, CPAVictoria Simmons, CPA
Senior AccountantSenior Accountant
Assign and review the work performed by
staff auditors; identify and resolve potential
audit issues; propose recommendations for
improvements.
Staff Accountants
Eden C. Casareno, CPA
Engagement Partner
24 Years of Experience24 Years of Experience
Principal point-of-contact for management, Audit
Committee and City Council; lead the team in
assessing potential risks and developing solutions;
overall commitment of timely delivery of service.
Panida Kongpetch, CPA
Senior Manager
12 Years of Experience12 Years of Experience
Principal point-of-contact for City personnel;
responsible for planning, supervising, and
reviewing procedures.
Brandon Ferrell, CPA
Technical Review Partner
18 Years of Experience18 Years of Experience
Perform 2nd partner, top-level review of financial
statements and audit reports.
EadiePayne will assign a dedicated and experienced team to manage and execute the audit process
for the City. Our project team will be led by the engagement partner and supported by a technical review
partner, senior manager, senior accountant, and staff accountants, ensuring a quality and efficient
audit. The engagement partner, senior manager and senior auditor will be your key contacts.
While we are committed to providing the proposed key personnel for the duration of the project, we
acknowledge that circumstances may necessitate personnel changes. Engagement partners, managers,
other supervisory staff, and specialists may be changed due to reasons such as personnel leaving the
firm, being promoted, or being assigned to another office. We acknowledge that no person designated
as “key” to the project shall be removed or replaced without the prior written concurrence of the City’s.
All personnel will be available for on-site work activities as needed.
Packet Page. 170
CITY OF SAN BERNARDINO | 3
FIRM QUALIFICATIONS AND EXPERIENCE EDEN C. CASARENO, CPA
Engagement Partner
Office: 951.241.7805 | ecasareno@eadiepaynellp.com
Ms. Casareno joined EadiePayne in 2002 as a staff accountant and became a partner in 2009. She was appointed head of attest
and governmental services in 2016. She has been the quality control partner since 2019. As head of governmental services, Ms.
Casareno leads the EadiePayne team in providing attest and consulting services to cities and municipalities, special districts, JPAs
and former redevelopment agencies.
Based on her experience providing similar services to governmental clients, Ms. Casareno offers valuable insight on internal
controls, ensuring successful identification of findings and development and implementation of solutions.
Ms. Casareno served the following clients in the government sector:
• Bell Canyon Community Services District
• Big Bear Valley Recreation and Park District
• Bloomington Recreation and Park District
• Big Bear Municipal Water District
• Cedarpines Park Mutual Water Company
• City of Compton
• City of Huntington Park
• City of Industry
• City of Montebello
• City of Moreno Valley
• City of Oxnard
• City of Riverside
• City of Stockton
• County of Riverside
• Fort Mojave Tribe / Avi Kwa Ame Farms
• IEHP
• Hesperia Recreation and Park District
• Inland Empire Resource Conservation District
• Inland Valley Development Authority
• Law Library for San Bernardino County
• Orange County Public Law Library
• Riverside County Regional Park and Open Space District
• Riverside County Law Library
• Riverside County Transportation Commission
• San Bernardino County Auditor-Controller-Treasurer
• San Bernardino County Service Areas
• San Gorgonio Pass Water Agency
• Twentynine Palms Water District
EDUCATION
BS Degree in Business Administration, emphasis in Accounting, University of California, Riverside (with highest honors)
Leadership Excellence Summit, Brainard Strategy Leadership Academy
Single Audit Certificate - AICPA
Situational Leadership: Building Leaders
PROFESSIONAL ORGANIZATIONS
American Institute of Certified Public Accountants
California Society of Certified Public Accountants
California Society of Municipal Finance Officers
California Special Districts Association
Government Finance Officers Association
RECENT RELEVANT CPE
AICPA New Quality Management Standards: 2025
CalCPA Governmental Accounting & Auditing Virtual Conference: 2025
California Society of Municipal Finance Officers Annual Conference: 2025, 2024, 2023
AICPA New GSA Federal Audit Clearinghouse: 2024
AICPA GAQC Update: 2024, 2023
CCH GAAP, GAAS & SSARS Update: 2024
EP Fraud Review: 2024
EP Knowledge-Based Audits: 2024
EP Workshop on Pension & OPEB: 2024
EP Sampling Methodology: 2024
AICPA GAQC Single Audit Lightning Round: 2023
CCH Accounting and Auditing Update: 2023
CCH Fraud Risks When Conducting Remote Audits: 2023
CCH Governmental Entities and Cyber Frauds: 2023
Packet Page. 171
CITY OF SAN BERNARDINO | 4
BRANDON FERRELL, CPA
Technical Review Partner
Office: 951.241.7814 | Mobile: 909.767.3011| bferrell@eadiepaynellp.com
Mr. Ferrell leads in the planning, organization and execution of attest engagements. He has strong interpersonal, communication,
and project management skills, which are necessary to meet your service expectations. Mr. Ferrell is able to apply technical
accounting and auditing knowledge to real-life situations of the clients he serves. He is committed to exceeding his clients
expectations by providing quality and timely service in an ever-changing environment.
Mr. Ferrell works closely with management to ensure that EadiePayne is being responsive to the reporting needs within the
time frame developed by management. Additionally, Mr. Ferrell performs top level review of project work.
Mr. Ferrell served the following governmental clients:
RECENT RELEVANT CPE
California Society of Municipal Finance Officers Annual Conference: 2025, 2024, 2023
AICPA 2025 Annual Required GAQC Webcast: 2025
CSMFO Educating You on Avoiding Common Errors from GFOA Certificate of Achievement Program: 2025
CSMFO GASB Update - Projects in the Works: 2025
CSMFO GASB Update - Recently Issued Pronouncements: 2025
CSMFO GFOA is Rethinking Financial Reporting: 2025
NCFC 2025 Legal, Tax & Accounting Conf - Tax Update: 2025
Wolters Kluwer 2025 Government A&A Update: Govt T&E Fraud: 2025
AICPA 2024 Annual Required GAQC Webcast: 2024
Wolters Kluwer The Schedule of Expenditures of Federal Awards (SEFA): 2024
AICPA Government Audit Quality Center Update: 2024
AICPA Schedule of Expenditures of Federal Awards: 2024
AICPA Single Audit Fundamentals Series: 2024
• Antelope Valley East-Kern Water Agency
• Cedarpines Park Mutual Water Company
• CIty of Compton
• City of Moreno Valley
• City of Oxnard
• City of Riverside
• City of Stockton
• County of Riverside
• Riverside Public Utilities
• Fontana Union Water Company
• Fort Mojave Tribal Utilities Authority
• Fort Mojave Tribe / Avi Kwa Ame Farms
• Hesperia Recreation and Park District
• Inland Empire Resource Conservation District
• Inland Valley Development Agency
• Law Library of San Bernardino County
• Mammoth Community Water District
• Orange County Sanitation District
• Riverside County Law Library
• Riverside Highland Water Company
• San Bernardino County Special Districts
• San Gorgonio Pass Water Agency
• The Gage Canal Company
• Twentynine Palms Water District
• Wrightwood Community Services District
EDUCATION
BS Degree in Business Administration with emphasis in Accounting, University of La Verne
Leaderology Academy, 2019
CalCPA Leadership Institute 2023-24
PROFESSIONAL ORGANIZATIONS
American Institute of Certified Public Accountants
California Society of Certified Public Accountants
- Inland Empire Chapter, President
- State Council Representative
National Society of Accountants for Cooperatives
- Farwest Chapter - Director
California Special Districts Association
- Fiscal Committee
- Audit Committee
COMMUNITY ORGANIZATIONS
Riverside Chamber of Commerce
- Downtown Council
- Military Affairs Council
- Economic Development Council
- Leadership Riverside Class of 2021
Optimist International
Risk Management Association
- Inland Empire Chapter, Director
Packet Page. 172
CITY OF SAN BERNARDINO | 5
PANIDA KONGPETCH, CPA
Senior Manager
Office: 951.241.7813 | pkongpetch@eadiepaynellp.com
Ms. Kongpetch joined EadiePayne as audit manager in 2023, bringing with her eight years of Big Four Firm experience.
She was promoted to senior audit manager in 2025. Ms. Kongpetch has served a highly diverse client base with a history
of providing quality audit services for over 12 years. Her most recent auditing experience included leading a team of 8-10
staff members, delivering high quality professional audit and review services. She has extensive experience in compliance
filings, financial statements and disclosures, and complex accounting issues.
Here at EadiePayne Ms. Kongpetch leads in the planning, organization and execution of attest engagements. Ms.
Kongpetch’s experience allows her to provide exceptional professional judgment, sound and decisive decisions, and strong
project management and interpersonal skills. She will be responsible for assessing the design and operating effectiveness
of internal controls environment, designing and executing analytical procedures over financial statements, and maintaining
close communications with the clients.
Since joining EadiePayne, she has served as manager for the following clients:
EDUCATION
MS Degree in Accounting, Liberty University, Lynchburg, VA
BS Degree in Accounting, Liberty University Lynchburg, VA
CalCPA Leadership Institute 2024-2025
PROFESSIONAL ORGANIZATIONS
American Institute of Certified Public Accountants
California Society of Certified Public Accountants
California Society of Municipal Finance Officers
RECENT RELEVANT CPE
AICPA New Quality Management Standards: A Practical Approach to Risk Assessment and Response: 2025
AICPA New Quality Management Standards: Resources — Expectations for Firms and Engagement Partners: 2025
California Society of Municipal Finance Officers Annual Conference: 2025, 2024
CSMFO GASB Update - Recently Issued Pronouncements: 2025
CSMFO GFOA is Rethinking Financial Reporting: 2025
CSMFO Single Audit Update: 2025
AICPA COSO’s Internal Control Framework: 2024
AICPA COSO’s Internal Control Framework Essentials: 2024
AICPA Single Audit Fundamentals Part 1: What is a Single Audit? 2024
AICPA Single Audit Fundamentals Part 2 - Major Program Determination: 2024
AICPA Single Audit Fundamentals Part 3 - Compliance Requirements and Internal Control over Compliance: 2024
AICPA Single Audit Fundamentals Part 4 - Overview of Sampling and Single Audit Reporting Requirements: 2024
CCH Accounting Standards for CPAs: 2024
CCH GAAP, GAAS, SSARS Update: 2024
CCH Major Audit Issues: 2024
CCH What’s New with GASB 102: 2024
CSMFO Intermediate Governmental Accounting: 2024
EP Fraud Review: 2024
Leases & SBITA Accounting: 2024
Q4 2023 Quarterly Sustainability Webcast: 2024
• Antelope Valley East-Kern Water Agency
• Central California Almond Growers Association
• City of Compton
• City of Huntington Park
• City of Oxnard
• Community Action Partnership of San Bernardino County
• Fort Mojave Tribe / Avi Kwa Ame Farms
• Mammoth Community Water District
• Mount San Jacinto Winter Park Authority
• Operation SafeHouse, Inc.
• Orange County Sanitation District
• Riverside County Regional Park and Open Space District
• Santa Clarita Valley Water Agency
• Solano County Water Agency
• Twentynine Palms Water District
• Wrightwood Community Services District
Packet Page. 173
CITY OF SAN BERNARDINO | 6
VICTORIA SIMMONS, CPA
Senior Accountant
Office: 951.241.7807 | vsimmons@eadiepaynellp.com
Ms. Simmons joined EadiePayne as an Audit Staff in 2023, bringing valuable experience from a major US accounting
firm. She was promoted to Senior Accountant on September 1, 2024. Over the course of her tenure, Ms. Simmons has
demonstrated her ability to serve a diverse client base, providing high-quality audit services. Her most recent work includes
collaborating with her team to deliver comprehensive and professional audits for the City of Oxnard, a city with over $3 billion
in total assets and over $500 million in total revenues in FY 2024.
At EadiePayne, Ms. Simmons has played an integral role in the planning, organization, and execution of multiple audits.
Her experience and tenure with the firm enable her to offer exceptional professional judgment, make sound and decisive
decisions, and contribute to strong teamwork and client relationships. She is responsible for working closely with the team
to develop and implement effective audit plans, design and execute analytical procedures over financial statements, and
maintain clear and consistent communication with clients.
Since joining EadiePayne, Ms. Simmons has worked with the following clients:
EDUCATION
BS Degree in Accounting, University of Redlands, CA
PROFESSIONAL ORGANIZATIONS
American Institute of Certified Public Accountants
California Society of Certified Public Accountants
California Society of Municipal Finance Officers
RECENT RELEVANT CPE
AICPA Annual Required GAQC Webcast: 2025
CalCPA Governmental Accounting & Auditing Virtual Conference: 2025
AICPA COSO’s Internal Control Framework Essentials: 2024
AICPA Documenting Internal Controls: 2024
AICPA Obtaining an Understanding of Internal Control: 2024
AICPA Single Audit Fundamental Webcasts: 2024
CSMFO Intermediate Governmental Accounting: 2024
CSMFO Interpreting and Communicating the new CalPERS Actuarial Report: 2024
CSMFO Unlock the Magic of Generative AI and Automation in ACFR and Beyond: 2024
Thomas Reuters: Beginning In-charge Training: 2024
Wolters Kluwer: Financial Statement Analysis: 2024
Wolters Kluwer: Fraud Review: 2024
Wolters Kluwer: GAAP, GAAS, SSARS & Other Accounting Issues: 2024
Wolters Kluwer: GASB-87, Leases: An Overview of Lessees and Lessors: 2024
• ABC Recovery
• Angelview Care Homes, Inc.
• Avi Kwa’ Ame Farms
• Calcot
• City of Huntington Park
• City of Oxnard
• Community Action Partnership of San Bernardino
• Family Service Association
• Fontana Union Water Company
• Growing Inland Achievement
• Inland Empire Resource Conservation District
• Santa Clarita Valley Water Agency
• Skanska USA Civil West
• Solano Water Agency
• Treatment and Development
• Ultimate Internet Access, Inc
• Woodcrest Christian School System
• Wrightwood Community Services District
Packet Page. 174
CITY OF SAN BERNARDINO | 7
FISCAL STABILITY
3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
I certify that I am a partner of Eadie and Payne, LLP and that the enclosed
financial statements as of and for the year ended December 31, 2023 of
Eadie and Payne, LLP have been prepared in accordance with generally
accepted accounting principles in the United States of America, and are,
in my opinion, correct.
These financial statements have not been subjected to an audit or review
or compilation engagement.
*The financial statements for year ended December 31, 2024 has not been finalized as of the date of
this proposal.
Riverside, CA
June 20, 2025
Packet Page. 175
CITY OF SAN BERNARDINO | 8
FISCAL STABILITY (CONTINUED)
$ 765,220
649,665
280,415
1,695,300
968,343
587,051
381,292
21,074
402,366
$ 2,097,666
$ 66,746
66,746
2,030,920
Eadie and Payne, LLP
Balance Sheet
As of December 31, 2023
ASSETS
Cash, cash equivalents, and investments
Accounts receivable
Other current assets
Total Current Assets
Property and equipment
Less: accumulated depreciation
Deposits
Total Non-Current Assets
Total Assets
LIABILITIES AND EQUITY
Liabilities
Current liabilities
Total Liabilities
Equity
Total Liabilities and Equity $ 2,097,666
Packet Page. 176
CITY OF SAN BERNARDINO | 9
FISCAL STABILITYFISCAL STABILITY
$ 3,852,636
118,714
3,733,922
1,373,310
576,128
299,224
56,427
107,487
155,421
206,594
2,774,591
Eadie and Payne, LLP
Income Statement
For the Year Ended December 31, 2023
Income
Cost of Goods Sold
Gross Profit
EXPENSES
Salaries and benefits
Administrative expenses
Computer expenses
Insurance
Practice development
Rent
Other expenses
Total Expenses
Net Income $ 959,331
FISCAL STABILITY (CONTINUED)
Packet Page. 177
CITY OF SAN BERNARDINO | 10
FISCAL STABILITY (CONTINUED)
Packet Page. 178
CITY OF SAN BERNARDINO | 11
EXPERIENCE AND TECHNICAL COMPETENCE
EadiePayne is a local full service firm providing Attest,
Tax and Consulting services to a broad client base for
over 105 years. Our professional services team includes
approximately 25 professionals of which are 17 full time
government services personnel.
The Firm was founded in 1919 in San Bernardino. Since
then, EadiePayne has grown, expanding its reach to a
large portion of California. Our office is in Downtown
Riverside.
We pride ourselves on the quality and consistency of
our team. Staff continuity is a priority for us—we are
committed to assigning professionals who not only
bring the necessary expertise but also remain with your
engagement year after year. Key personnel such as the
engagement partner, manager, and supervisor will not
be removed or replaced without your prior concurrence,
ensuring familiarity and efficiency throughout the
relationship.
Our clients describe us as extremely customer-focused.
We tailor each engagement to our client’s unique
needs and maintain open, two-way communication to
ensure alignment with your goals. This client-centered
approach, combined with consistent staffing and ongoing professional development, supports long-term
relationships built on trust, responsiveness, and results.
We have assisted some of the most financially challenged cities in the State of California. In City of
Oxnard, we identified numerous findings in their processes in our first year audit, helping the City reverse
the negative effects of bad practices. In addition, we assisted the City of Oxnard in obtaining their GFOA
award for their CAFR after becoming disqualified. We assisted City of Compton issue its first set of
financial statements after no financial statements were issued in four years. We are continuing to assist
them comply with financial reporting requirements on a timely basis.
Packet Page. 179
CITY OF SAN BERNARDINO | 12
Recent Client Testimonials:
City of Oxnard: “EadiePayne has consistently demonstrated exceptional professionalism and expertise
in their role as the City of Oxnard external auditors. Their meticulous attention to detail ensures that
every aspect of the audit process is conducted with accuracy and thoroughness. Their unwavering
integrity fosters trusts and confidence, making them a reliable partner in financial oversight.
Their deep understanding of GASB pronouncements is invaluable, as they effectively interpret and
apply complex accounting standards to ensure compliance and transparency. Additionally, their ability to
provide clear and practical guidance on complex transactions has been instrumental in supporting sound
financial decision-making.
We highly recommend EadiePayne for their commitment to excellence, technical expertise, and dedication
to upholding the highest standards in governmental accounting and auditing.”
City of Compton: “My experience with EadiePayne has been excellent. The staff are easy to work with
and are knowledgeable. The staff are very detailed and thorough in their work. EadiePayne makes useful
and practical recommendations for the improvement of internal controls as well as for fiscal sustainability
purposes. It is very clear that the firm and their staff have useful and deep experience in governmental
accounting and auditing and the firm would be an asset to any organization they work with.”
City of Huntington Park: “Over the past 20 months, working with EadiePayne has been an outstanding
experience. Their audit team showcased expertise, professionalism, and timeliness in supporting the
City’s demanding audit schedule. EadiePayne was the only firm willing to tackle our project and we look
forward to continuing with their services in the future.”
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
Packet Page. 180
CITY OF SAN BERNARDINO | 13
We have performed financial and compliance audits, agreed upon procedures and consulting services for
municipalities and other governmental entities. Below is a sampling of our governmental engagements
in recent years:
• Financial statement audits
• Single audits
• Grant specific audits
• Audits of sales tax revenues
• Testing of utility billing
• Payroll testing
• Review of cost allocation
• IT vulnerability assessments
• Risk assessment studies
• Special procedures related to checks, EFTs and ACHs
• Agreed upon procedures in relation to special sales tax measures
• Special procedures in relation to former Redevelopment Agencies and Successor Agencies
• Preparation of ACFR & basic financial statements
• Confirmation of property tax allocation
• Review of purchasing card process
• Pension and OPEB accounting and disclosure
• Reconciliation of fund balances
• COSO internal control studies
• Consulting on water revenues and rates
• Assistance with new GASB Implementation (GASB 54, 68, 75, 87, & 96)
• Fixed asset inventory audits
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
Packet Page. 181
CITY OF SAN BERNARDINO | 14
Below is a listing of clients for which EadiePayne has performed financial and single audits for the past
five years. We encourage you to reach out to our references for further insight into the quality of our
services.
City of Oxnard
2015 – 2024
Beth Vo, Assistant CFO
(805) 385-7464 | beth.vo@oxnard.org
300 W. Third St., Oxnard, CA 93030
Description of Services: Financial audits; single audits; Annual
Comprehensive Financial Report preparation (GFOA award
recipient); assistance with GASB 68 & 75; assistance with corrective
action plan; agreed-upon procedures for checks/warrants, EFTs and
ACHs; agreed-upon procedures for Golf Course, grant audits; agreed-
upon procedures for Measure O; filing of SCO streets and financial
transactions report; and Gann Appropriations Limit report.
Project Size: 1,500 hours per year
City of Compton
2014 – Present
Sharon Rahban, Controller
(310) 801-4588 | srahban@comptoncity.org
205 S Willowbrook Ave., Compton, CA 90220
Description of Services: Financial audits; single audits; preparation
of GAAP financial statements; assistance with implementation of
GASB 68 & 75; assistance with corrective action plan; agreed-
upon procedures for Federal Transit Administration requirement;
involvement with bond disclosures and issuance; financial statements
audit for Measure W; and agreed-upon procedures for FASS-PH, IT
systems testing.
Project Size: 1,200 hours per year
City of Huntington Park
2019 – Present
Jeff Jones, Director of Finance
(323) 584-6201 | jjones@hpca.gov
6550 Miles Ave., Huntington Park, California 90255
Description of Services: Financial audits; single audits; preparation of
GAAP financial statements; assistance with implementation of GASB
68 & 75; assistance with corrective action plan; and NTD audit, IT
systems testing.
Project Size: 1,200 hours per year
References
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
Packet Page. 182
CITY OF SAN BERNARDINO | 15
EadiePayne began in the City of San Bernardino over 100 years ago. We are excited to work with your
Finance Department to produce a quality audit report, to assist you in receiving a Government Finance
Officers Association (GFOA) award in 2026 and onward, and to provide training and assistance as
needed to your Finance Staff.
Our in-depth knowledge of the City, coupled with a proven track record of providing services to numerous
municipalities, positions us as a trusted partner uniquely equipped to navigate and contribute to the
financial success of our local communities.
EadiePayne’s history of over 105 years occurred largely in the City of San Bernardino. The Firm’s office
was originally located on the second floor of the Security Bank Building in San Bernardino on the corner
of Third and E Streets, and for many years, the City was EadiePayne’s home until we consolidated our
multiple offices to Redlands, and eventually moved to Riverside. Many of our clients, then and now,
are located in the City. County of San Bernardino, Inland Valley Development Authority, Community
Action Partnership of San Bernardino County, San Bernardino Valley Community College District,
Inland Resource Center, and Law Library for San Bernardino County are just a few clients that we’ve
worked with for many years. We continue to be an active member of the Inland Action, a non-profit,
non-partisan corporation whose membership consists of corporations, businesses, and organizations
whose leaders work for the economic well-being and betterment of the Inland Empire.
When the City was faced with the challenge of dissolving its former redevelopment agency, we assisted
the City’s auditor in providing audit and other services to the successor agency. We obtained inside
knowledge of the government’s working from this experience. That was over a decade ago and many
things have happened since then – including the City closing out the bankruptcy case three years ago.
The City is now in a much better financial position and we believe we can assist the City to further
improve its processes, particularly its year-end closing and financial reporting process.
We understand that the City is a Charter City with a population of over 200,000. The City is a full-
service City providing services that include public safety, water and sewer, public works, and recreation.
However, the City contracts with a Fire District for fire protection.
Our understanding of the objectives you wish for us to accomplish are as follows:
• Provide you with outstanding customer service.
• Provide you with a quality audit in an efficient manner.
• Provide you with an audit team that can provide training and assistance not only during the audit
process but throughout the year.
The City’s fiscal year begins on July 1 and ends on June 30. We are aware that the City has components
units which are reported within the City’s financial statements. No separate financial statements are
issued by these component units. On the other hand, the Water and Sewer funds, while they are
included in the City’s financial statements, issue separate financial statements and are audited by other
auditors. The City prepares the Annual Comprehensive Financial Report.
The City will be migrating from Tyler Technologies – New World to Oracle Cloud with an expected go-
live date of July 1, 2026.
We are aware that the City received the GFOA certificate of achievement for excellence in financial
reporting in the past. We can assist you obtain this certificate during our audits.
Local experience and knowledge of City
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
Packet Page. 183
CITY OF SAN BERNARDINO | 16
City of Oxnard
EadiePayne LLP has served as the primary auditor for the City of Oxnard from 2015 to 2024, providing
a range of essential auditing services. The firm has been responsible for Oxnard’s financial audits,
single audits, and the preparation of the Annual Comprehensive Financial Report (which has been a
recipient of the GFOA award). Additionally, EadiePayne has assisted with compliance for GASB 68 and
75, developed corrective action plans, and conducted agreed-upon procedures for checks, warrants,
EFTs, and ACHs. The firm has also performed audits for the Golf Course and various grants, as well
as for Measure O, and ensured the filing of the SCO streets and financial transactions report and the
Gann Appropriations Limit report.
The EadiePayne team dedicated to this project included Eden Casareno, Partner; Panida Kongpetch,
Senior Manager; and Victoria Simmons, Senior Auditor. Throughout the duration of the engagement,
which spanned from 2015 to 2024, the firm maintained a strong, independent relationship with the City
of Oxnard. The annual fee for FY 2024 was approximately $232,000.
For further details, please contact Beth Vo, Assistant CFO at the City of Oxnard, at (805) 385-7464 or
via email at beth.vo@oxnard.org.
City of Compton
EadiePayne LLP has served as the independent auditor for the City of Compton since 2019 to the
present. The firm is responsible for providing a comprehensive range of audit services, including financial
audits, single audits, and the preparation of GAAP financial statements. In addition, EadiePayne assists
the City with the implementation of GASB 68 and 75, the development of corrective action plans, and
performing agreed-upon procedures for Federal Transit Administration requirements. The firm also
plays a key role in bond disclosures and issuance, conducts financial statement audits for Measure W,
and performs agreed-upon procedures for FASS-PH and IT systems testing.
The dedicated team for this project includes Eden Casareno, Partner; Panida Kongpetch, Senior
Manager; and Ying Meng, Senior Auditor. EadiePayne maintains a strong independent relationship
with the City of Compton, supporting them with expert auditing services. The annual fee for FY 2023
was $239,000.
For more information, please contact Sharon Rahban, Controller at the City of Compton, at (310) 801-
4588 or via email at srahban@comptoncity.org.
Project Specific Experience
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
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CITY OF SAN BERNARDINO | 17
City of Huntington Park
Since 2019, EadiePayne LLP has been serving the City of Huntington Park as an independent financial
auditor and consultant, helping ensure audit readiness and reporting compliance. The firm provides
comprehensive financial audits, single audits, and prepares GAAP financial statements. Additionally,
EadiePayne supports the City with the implementation of GASB 68 and 75, corrective action plans, and
conducts the NTD audit and IT systems testing.
EadiePayne’s team includes Eden Casareno, Partner; Panida Kongpetch, Senior Manager; and Aerich
Balboa, Senior Auditor. The firm works collaboratively with the City to maintain compliance with state,
federal, and transit-specific requirements. The annual fee for these services is $175,000.
For further inquiries, please contact Jeff Jones, Director of Finance at the City of Huntington Park, at
(323) 584-6201 or via email at jjones@hpca.gov.
None of the following has occurred:
a. Failure to enter into a contract or professional services agreement once selected.
b. Withdrawal of a proposal as a result of an error.
c. Termination or failure to complete a contract.
d. Debarment by any municipal, county, state, federal or local agency.
e. Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a
state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any other federal or state law related to bidding or
professional services performance. Knowing concealment of any deficiency in the performance of
a prior contract.
f. Falsification of information or submission of deceptive or fraudulent statements in connection with
a contract.
g. Willful disregard for applicable rules, laws or regulations.
Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate
an unsatisfactory record of performance.
Project Specific Experience (Continued)
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
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CITY OF SAN BERNARDINO | 18
EXPERIENCE AND TECHNICAL COMPETENCE (CONTINUED)
EadiePayne has been using a paperless audit approach for many years. All members of the EadiePayne
audit team are assigned personal computers that include the latest updates of professional accounting
and auditing software, search engines, word processing, and spreadsheet software. We will utilize
computer-assisted techniques, thereby increasing our efficiency and effectiveness, saving you time
and money and increasing the reliability of the results of our work.
Prosystem fx Engagement puts the power of paperless engagements in our hands. It allows us to import
the City’s trial balance in our own trial balance database, allowing us to link the financial statements
and audit schedules to be prepared by us to the City’s trial balance. In addition, we can roll-up general
ledger accounts into line items of your financial statements. We can also prepare reports, such as
account grouping reports, journal entry reports, budget to actual comparison and year-to-year variance
reports.
Teammate Analytics is packed with over 150 tools and features that we utilize to test complete sets of data
rather than testing samples, identify anomalies and trends more easily, and conduct a comprehensive
analysis of your general ledger system. This tool increases our efficiency and effectiveness, saving you
time and money and increasing the reliability of the results of data analytics.
We also offer our clients web-based portals that provide a secure, convenient, and easy way to exchange
and share files with us. We utilize an electronic Engagement Organizer, in which to place requested
data files and other request audit support documents. Access is limited to the personnel assigned to
the engagement so that the information that is sent to us remains confidential. It’s more than a PBC list
because of features like real-time synchronization, automatic reminders and notifications.
Due to the size of our firm, we have the ability to draw upon multi-disciplinary staff to address the
services requested in this RFP. EadiePayne can also provide other related services, including tax,
client accounting, consulting, forensic and IT services.
Technical Competence
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CITY OF SAN BERNARDINO | 19
PROPOSED METHOD TO ACCOMPLISH THE WORK
EadiePayne is experienced in meeting the needs and expectations of our clients. Our goal is to perform
quality audits that provide reasonable assurance to the City’s leaders that the financial statements are
fairly stated and that the City complies with certain federal, state and local requirements. Our approach
is differentiated by the following:
p Smooth transition in initial year;
p Focus on internal control; and
p Open communication.
Initial Year Transition
Changing audit firms is a challenging undertaking. Our goal is to assist the City in the orderly
transition from the prior auditors. With your permission, we will work directly with your prior auditors
to obtain information about opening balances. If possible, we will review and obtain copies of prior
year audit workpapers. Throughout the first year, we will be in constant communication with the City
teams. Successful transitions happen because both auditors and clients are aware of ongoing issues,
challenges and opportunities.
Various tests or walk-throughs will be performed to provide evidence regarding the design and operating
effectiveness of your internal control. Depending on the success of these tests the first year, we will be
able to rely on the results for subsequent years. The amount of time spent in this area will be reduced
after the initial audit year. EadiePayne is committed to investing this additional amount of time spent the
first year to ensure smooth audits for the following years.
Internal Control
We will evaluate the design and implementation of internal control over financial reporting and compliance
based on the framework contained in the State Controller’s Office Internal Control Guidelines for Local
Agencies (2015) and Committee of Sponsoring Organizations of the Treadway Commission (COSO)
Internal Control - Integrated Framework (2013).
• Control environment - Is the environment favorable to internal control?
• Risk assessment - Does the City have a risk assessment process at appropriate levels?
• Control activities - Do control activities contribute to the mitigation of risks and include a mixture
of control activity types that address authorization and approval, verification, physical control,
reconciliations, supervisory controls, and segregation of duties?
• Information and communication - Does the City provide, share, and obtain information continually,
up, down, and across the organization?
Monitoring - How does the City perform ongoing evaluations to ascertain whether the components of
internal control are present and functioning?
Our evaluation of internal control will include an assessment of information technology general controls
(ITGC).
In accordance with Government Auditing Standards, we will issue a report on internal control over
financial reporting and on compliance and other matters based on our audit of the City’s financial
statements. We will not express an opinion on the effectiveness of internal control. However, if we find
significant deficiencies and material weaknesses of internal control and instances of non-compliance
with provisions of laws, regulations, contracts and grant agreements that could have a direct and
material effect in the financial statements, we will report those in this report. We will request the City to
provide management responses to findings, if any.
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CITY OF SAN BERNARDINO | 20
Communication
Effective communication between the City and its auditor is essential to the success of the audit process.
Throughout the engagement, we will maintain open, transparent, and timely communication to ensure
clarity around audit objectives, scope, expectations, and progress. This begins with the kick-off meeting
and will continue throughout the engagement through regular updates and status meetings to address
any issues promptly, discuss preliminary findings, and ensure alignment with the City’s operational
schedule. We are committed to fostering a collaborative environment where questions are addressed,
documentation requests are clearly conveyed, and feedback is welcomed, ensuring the audit is both
thorough and efficient.
Interim Fieldwork
Our audit begins with our understanding of the City and its environment, including its internal control,
and assessing the risks of material misstatements. This process includes inquiries with management
and others in your organization, preliminary analytical procedures, observation and inspection, and
discussions among the audit team. Specifically, this process will involve:
• Reviewing important contracts, debt issues, leases, and grant agreements;
• Reviewing organizational charts, manuals, and program documents;
• Comparison & inquiry regarding fluctuations of revenues and expenditures by fund, budget vs.
actual;
Kick-off Meeting May 2026
Planning & Risk Assessment May 2026
Interim Fieldwork June 2026
Detailed Audit Plan Finalized July 2026
Final Fieldwork October 2026
Exit Meeting November 2026
Draft Report Submission November 2026
Final Audit Reports Issued December 2026
Final Report Presentation at Audit Committee/City Council TBD
Single Audit Kick-Off Meeting January 2027
Single Audit Fieldwork January 2027
Single Audit Draft Report Submission February 2027
Single Audit Final Report Issued March 2027
Submission of Reports to Federal Audit Clearinghouse March 2027
Our audits will include the following milestones in the first year:
The schedule will be discussed and co-developed with City staff prior to finalization.
Proposed Schedule for the Audits
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 21
• Reviewing prior-year audit files, findings, and recommendations; and
• Reviewing policies and procedures over significant business processes such as banking and
investment, purchasing, and grant management.
Depending on the complexity of the internal controls and the extent to which we intend to rely on
them, various tests or walk-throughs will be performed to provide evidence regarding the design and
operating effectiveness of your internal control.
Final Audit Fieldwork
EadiePayne will review and analyze account balances and transactions and certain general ledger
accounts, including asset, liability, deferred inflow and outflow, revenue, and expenditure accounts. We
will also review the accounting principles followed and the consistency of their application in preparing
the financial statements. Our audit will also include evaluating the reasonableness of accounting
estimates and the completeness and accuracy of financial statement disclosures.
Our audit procedures may include, among others:
p Confirmations of cash and investment balances;
p Testing of bank reconciliations;
p Examination of subsequent receipts of receivable balances;
p Search for unrecorded liabilities;
p Review of attorney letters;
p Use of client-prepared schedules and analysis;
p Examination of supporting documents; and
p Analytical procedures.
Report Preparation and Presentation
The following reports will be issued after the completion of the audits:
p A report on the fair presentation of the basic financial statements in conformity with generally
accepted accounting principles for the City
p A report on the internal control over financial reporting and on compliance based on the audit of
the financial statements performed in accordance with Government Auditing Standards
p A separate management letter that includes recommendations for improvements in internal control,
accounting procedures and other significant observations
p The auditor’s communication with those charged with governance regarding significant findings or
issues from the audit
We will also communicate with the audit committee verbally or in writing. We will send the following
letters: an engagement letter at the beginning of the audit and a governance letter at the end of the
audit. All audit reports are addressed to the City Council. In addition, we will schedule a meeting with
members of the audit committee at the beginning of the audit as well as present the audit report at
the end of the audit. We will make ourselves available to present to the City Council. We understand
that all communications to the audit committee and City Council are available to the public. We do not
respond to other inquiries from the public.
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 22
Sample Sizes
Sampling is one of many audit procedures we use to provide sufficient appropriate audit evidence to
support our auditor’s opinion. The purpose and nature of sampling is to gather sufficient appropriate
audit evidence without testing every transaction. We can test a selection of transactions and draw
conclusions about the broader population provided the sample selected is a representative of the
relevant population. We utilize random selection, systematic selection, and haphazard selection to
achieve a representative sample.
In a standard audit, sample sizes will generally range from 25-60 items depending on the nature of
transactions and purpose of the test. We may also use dual- or multi-purpose samples if the situation
permits.
In all cases, Teammate Analytics (data analytics tool) will be used to obtain a representative sample
of the total population of the items to be tested. In addition, Teammate Analytics will also enable us to
analyze 100% of the population which will provide more reliable results and more relevant insight.
Use of Computer Software
EadiePayne has been using a paperless audit approach for many years. All members of the EadiePayne
audit team are assigned personal computers that include the latest updates of professional accounting
and auditing software, search engines, word processing, and spreadsheet software. We will utilize
computer-assisted auditing techniques, thereby increasing our audit efficiency and effectiveness,
saving you time and money and increasing the reliability of the results of audit tests.
Prosystem fx Engagement puts the power of paperless engagements in our hands. It allows access
to audit files, audit documents, audit workpapers, and client prepared schedules. It improves audit
preparation and execution with an automated process, which consequently allows for a increased
efficiency, and therefore, resulting in less hours needed to complete the City’s audit while maintaining
quality and ensuring all risks identified are properly addressed during the process.
Analytical Procedures
We will use analytical procedures during the planning, performance, and review phases of our audit. We
will analyze current and prior-year amounts to ensure changes from year to year are reasonable and
proper. Variances will be followed up until we are satisfied that the current-year financial statements are
fairly presented. We may also use specific ratio analyses and trend analyses of these ratios as well as
budget to actual comparisons.
We will use the many analytic tools available with Teammate Analytics to achieve success in this
area. For example, with payroll testing, we are able to use the entire data set to derive employees with
excessive overtime and time off. In testing manual journal entries posted we are able to use the entire
population based on accounting software report to easily spot outlying entries for further inspection.
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 23
Determining Laws and Regulations that will be Subject to Audit Test Work
As part of the risk assessment process, EadiePayne will obtain an understanding of laws, regulations,
and provisions of contracts and grant agreements that have a direct and material effect on the
determination of financial statement amounts, design tests of compliance with those laws, regulations,
and provisions of contracts and grant agreements, and evaluate the results of those tests. Because
governments are subject to many laws, regulations, and provisions of contracts or grant agreements,
we will identify those that directly relate to specific aspects of the government within the context of our
audit objectives.
This process will involve discussions with management, legal counsel, or grant administrators about
your compliance requirements and reviewing relevant laws, regulations, contracts, and agreements. In
addition, we will review minutes of the City Council and Committee meetings, and staff reports.
Single Audit
A single audit will be performed in accordance with the Single Audit Act and the Uniform Guidance. In
the single audit, our goal is to determine whether the City has complied with federal statutes, regulations,
and the terms and conditions of federal awards that may have a direct and material effect on each of
its major programs. The compliance audit includes gaining an understanding of and testing internal
control over compliance for major program. We will use a risk-based approach to determine which
federal programs are major programs. Our determination of the programs to audit is based on an
overall evaluation of the risks of noncompliance occurring that could be material to the individual federal
programs.
For the Single Audit, we will issue the following reports:
p An “in-relation-to” report on the schedule of expenditures of federal awards.
p A report on compliance for each major program and on internal control over compliance required
by the Uniform Guidance.
The Single Audit will be performed between January and March 2027 with the goal of submitting the
single audit package to the Federal Audit Clearinghouse by end of March (9 months after the end of
fiscal year).
Additional Services/Reports
The City also seeks additional services from auditors, including:
p Appropriation Limit Calculation Review
p Measure S Agreed-Upon Procedures
EadiePayne will perform these services concurrent with the financial statement audit. In addition, the
City requests optional services as follows:
p Preparation of the Cities Financial Transaction Report for the City (due seven months after fiscal
year end)
p Preparation of the Annual Streets Report (due December 1st of each year)
p Preparation of the Annual Transactions Report for the Public Financing Authority (due seven
months after fiscal year end)
EadiePayne will perform these services before the due dates stated above.
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 24
Group Audit
If selected to perform the audits of the City, EadiePayne will serve as the group auditor. Special
considerations apply when other auditors perform work on the financial information of component units.
This includes developing an overall group audit strategy, understanding not only the group, but also
its component units, and their environment, understanding the component auditor, and determining
whether to make reference to the component auditor’s work in the auditor’s report for the group financial
statements.
City Staff Requirements
Our audit plan is based on the assumption that the accounting records will be in good order. We expect
all elements of the financial statements and schedules to be ready before we start final fieldwork. The
general ledger and subsidiary ledgers for receivables and payables should be in balance and cash
accounts should be reconciled. Capital assets and the related depreciation expense should be properly
recorded. Revenue and expenses/expenditures should be properly accounted for on the full accrual or
modified accrual basis as appropriate.
We expect City staff to collaborate with auditors to provide appropriate sufficient evidence to support
the City’s financial statements. We will ask City staff to attend meetings, participate in interviews and
walkthroughs, answer auditor inquiries, and provide supporting documentation. City staff will also be
expected to authorize EadiePayne to obtain information from prior auditors, banks and other financial
institutions, attorneys, and other third-parties. We will appreciate your assistance in following-up third-
party responses, if necessary.
Furthermore, there should be knowledgeable personnel available to assist us in retrieving documents,
answer questions concerning the records, and prepare, under our direction, lists and schedules of
certain accounts. We should have reasonable access to the personnel and items that we believe are
needed to complete our work.
Finally, management has to designate an individual (preferably within senior management) who
possesses suitable skill, knowledge, and/or experience to oversee non-attest services we may have
to provide, i.e. ACFR preparation. The City also has to agree to make all management decisions and
assume all management responsibilities.
We offer our clients web-based portals that provide a secure, convenient, and easy way to exchange
and share files with us. We utilize an electronic Engagement Organizer, in which to place requested
data files and other request audit support documents. Access is limited to the personnel assigned to
the audit so that the information that is sent to us remains confidential. The Engagement Organizer
is more than a PBC list because of features like real-time synchronization, automatic reminders and
notifications.
If possible we will request for our staff to have access to your accounting system. This will enable us
to drill down on details of transactions without having to go through City staff, saving you and us time.
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 25
New Accounting Pronouncements
With the list of new GASB pronouncements continuing to grow, EadiePayne prides itself in being a
resource for its clients in the understanding and implementation of these new standards. EadiePayne
understands that the implementation of these pronouncements can be quite an undertaking and is
committed to assisting the City through it every step of the way. This will be included in the additional
20 hours of complimentary staff training and technical assistance throughout the year.
The following GASB statements are effective for FY 2026.
Statement No. 103, Financial Reporting Model Improvements
This statement improves key components of the financial reporting model to enhance the effectiveness
in providing information that is essential for decision making and assessing a government’s account-
ability; including improvements to the management’s discussion and analysis (MD&A), required sup-
plementary information (RSI), propriety fund statements, unusual/infrequent items, major component
unit information and budgetary comparison information.
Statement No. 104, Disclosure of Certain Capital Assets
This statement establishes requirements for certain types of capital assets to be disclosed separately
in the capital assets note disclosures.
PROPOSED METHOD TO ACCOMPLISH THE WORK (CONTINUED)
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CITY OF SAN BERNARDINO | 26
FEE PROPOSAL
Page 23 of 42
VENDOR QUOTE FORM
VENDOR NAME: PHONE:
ADDRESS:
The undersigned, hereby declare that they have carefully examined the location of the proposed work,
familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the
terms and conditions for the following Project:
FINANCIAL AUDITING SERVICES RFP F-25-1029
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the Project in strict
accordance with the Vendor Pri
PRICE.
Proposed Costs for the Fiscal Year ending June 30th
ITEM NO.DESCRIPTION 2026 2027 2028 2029 2030
1 City Audit & Financial Statements
(excludes preparation of ACFR)
2 Management Letter (included in item no. 1)
3 Single Audit (per major program)
4 Appropriations Limit Calc
TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed
positions and hourly rate:
Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.
(Authorized Representative Signature)
:
(If Applicable)
Eadie and Payne, LLP
3880 Lemon St., Suite 300, Riverside, CA 92501
951-241-7800
$91,250
10,000
102,250
Other Services
1,000
-----
$93,990
10,300
105,320
1,030
$96,810
10,610
108,480
1,060
$99,710
10,930
111,730
1,090
$102,700
11,260
115,080
1,120
$4,510
5,000
$4,650
5,150
$4,790
5,300
$4,930
5,460
$5,080
5,620
We will provide an additional 20 hours of complimentary staff training and technical assistance throughout the year.
3,000
17,510
5,000
3,090
18,040
5,150
3,180
18,570
5,300
3,280
19,130
5,460
3,380
19,700
ITEM NO.DESCRIPTION 2026 2027 2028 2029 2030
1 Measure S Agreed Upon Procedures
2 City's SCO Report
3 PFA's SCO Report
4 City's Streets Report
TOTAL
5,620
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CITY OF SAN BERNARDINO | 27
FEE PROPOSAL
Page 23 of 42
VENDOR QUOTE FORMVENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:FINANCIAL AUDITING SERVICES RFP F-25-1029The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Proposed Costs for the Fiscal Year ending June 30thITEM NO.DESCRIPTION 2026 2027 2028 2029 20301City Audit & Financial Statements(excludes preparation of ACFR)2 Management Letter (included in item no. 1)
3 Single Audit (per major program)
4 Appropriations Limit Calc
TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed
positions and hourly rate:
PERSONNEL SPECIFY TITLE & POSITION ASSIGNED HOURLY RATE
Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.
(Authorized Representative Signature)
:
(If Applicable)
Page of
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Proposed Costs for the Fiscal Year ending June 30th1City Audit & Financial Statements
(excludes preparation of ACFR)
2 Management Letter (included in item no. 1)
3 Single Audit (per major program)
4 Appropriations Limit Calc
TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed
positions and hourly rate:
Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.
(Authorized Representative Signature)
:
(If Applicable)
Engagement Partner/ Technical Reviewer
Senior Manager
Senior Auditor / In-Charge
Staff
Clerical Staff
300
250
125
110
75
$
Page 23 of 42
VENDOR QUOTE FORMVENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:FINANCIAL AUDITING SERVICES RFP F-25-1029The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Proposed Costs for the Fiscal Year ending June 30thITEM NO.DESCRIPTION 2026 2027 2028 2029 20301City Audit & Financial Statements(excludes preparation of ACFR)2 Management Letter (included in item no. 1)3 Single Audit (per major program)
4 Appropriations Limit Calc
TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed
positions and hourly rate:
PERSONNEL SPECIFY TITLE & POSITION ASSIGNED HOURLY RATE
Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.
SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO:
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __
Partner
Eden C. Casareno
Page 23 of 42
VENDOR QUOTE FORMVENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:FINANCIAL AUDITING SERVICES RFP F-25-1029The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Proposed Costs for the Fiscal Year ending June 30thITEM NO.DESCRIPTION 2026 2027 2028 2029 20301City Audit & Financial Statements
(excludes preparation of ACFR)
2 Management Letter (included in item no. 1)
3 Single Audit (per major program)
4 Appropriations Limit Calc
TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed
positions and hourly rate:
PERSONNEL SPECIFY TITLE & POSITION ASSIGNED HOURLY RATE
Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.
SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _
Other
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CITY OF SAN BERNARDINO | 28
Page 24 of 42
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:
ADDRESS:
The Proposer shall demonstrate the willingness and ability to provide the required insurance
coverage as set forth in the City requirements within ten (10) calendar days of notification of
selection for contract award. The insurance requirements are detailed below:
MINIMUM INSURANCE REQUIREMENTS
FINANCIAL AUDITING SERVICES RFP F-25-1029
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal injury,
and property damage
and property damage
and omissions)
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance
requirements and confirm their ability to meet these requirements within the specified timeframe.
SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
INSURANCE
Eadie and Payne, LLP
3880 Lemon St., Suite 300, Riverside, CA 92501
951-241-7800
June 20, 2025
PartnerEden C. Casareno
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CITY OF SAN BERNARDINO | 29
LITIGATION
None.
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CITY OF SAN BERNARDINO | 30
OTHER INFORMATION
Demonstration of record of staffing tasks efficiently and completing projects on time and within
the allocated budget
EadiePayne has a longstanding reputation for delivering high-quality audit and tax services on time
and within budget. Our internal workflow systems allow us to efficiently assign tasks based on staff
specialization, ensuring each phase of the engagement is completed without delay. For example, in
our multi-year engagement with the City of Oxnard, we consistently met all reporting deadlines while
staying under budget by utilizing proactive planning.
Description of community involvement
EadiePayne is deeply committed to supporting the Inland Empire community. Our team members
regularly participate in local volunteer initiatives, student mentorship programs, and university “Meet
the Firm” events at institutions such as Cal Baptist, UCR, and Cal Poly Pomona. We are also actively
involved in community service efforts, including Inland Action advocacy initiatives, Feeding America food
drives and the Keep Riverside Clean and Beautiful program through the Greater Riverside Chambers
of Commerce.
Description of any previous involvement with the City
EadiePayne previously assisted the City of San Bernardino’s auditor by providing audit and related
services to the City’s successor agency during the dissolution of its former redevelopment agency.
This engagement gave us direct experience supporting the City during a critical transitional period and
enhanced our familiarity with its financial reporting environment and internal processes.
A statement that the Proposer has no conflicts of interest in connection with providing the
Services
EadiePayne has no conflict of interest in providing this service to City of San Bernardino. We agree
to give the City written notice of any professional relationships entered into during the period of this
agreement that could constitute a conflict of interest.
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CITY OF SAN BERNARDINO | 31
CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in
accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the
RFP.
Eden C. Casareno
Engagement Partner / Partner-in-Charge of Attest
Office Phone: (951) 241-7805
Email: ecasareno@eadiepaynellp.com
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CITY OF SAN BERNARDINO | 32
Our peer review letter dated October 7, 2022 expressed an opinion that the system for quality control
for the auditing practice of EadiePayne met the objectives established by the AICPA. The quality control
review included a review of specific governmental audit engagements performed under Government
Auditing Standards and the Single Audit Act.
The firm is undergoing peer review in July 2025 and anticipate that the peer review report will be issued
in August 2025.
The firm has had no federal or state desk reviews or field reviews of its audits during the past three (3)
years. Neither had the firm any disciplinary action taken or pending against it during the past three (3)
years with state regulatory bodies or professional organizations.
PEER REVIEW
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APPENDICES
Cities Served
City of Barstow | City of Compton | City of Eastvale | City of Huntington Park | City of Industry | City of
Montebello | City of Moreno Valley | City of Riverside | City of Oxnard | City of San Juan Capistrano
| City of South Pasadena | City of Stockton
Water Entities Served
Big Bear Municipal Water District | Cedarpines Park Mutual Water Company | Fontana Union Water
Company | Riverside Highland Water Company | Riverside Public Utilities | San Bernardino Valley
Water Conservation District | San Gorgonio Pass Water Agency | Twentynine Palms Water District |
West Valley Water District
Special Districts & Joint Powers of Authorities Served
County of San Bernardino Special Districts | Hesperia Recreation and Park District | Inland Empire
Resource Conservation District | Inland Valley Development Agency | Law Library for San Bernardino
County | Orange County Public Law Library | Riverside County Community Action Partnership |
Riverside County Law Library | Riverside County Regional Park & Open Space District | Riverside
County Transportation Commission | San Bernardino Public Safety Authority | San Bernardino Regional
Emergency Training Center | Wrightwood Community Services District
Counties Served
County of Los Angeles | County of San Bernardino Auditor-Controller/Treasurer/Tax Collector | County
of Riverside | County of San Bernardino Department of Behavioral Health | County of San Bernardino
Purchasing Department | Riverside County Department of Public Social Services | Riverside County
Sheriff’s Department | Successor Agency to the County of San Bernardino
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CITY OF SAN BERNARDINO | 34
STATEMENT OF “NO DEVIATIONS FROM RFP”
In the submission of this proposal in response to the Request for Proposal (RFP), EadiePayne hereby
certifies that it acknowledges and accepts all terms and conditions outlined in the RFP, including the
Agreement. EadiePayne affirms that no exceptions or deviations have been taken, and in the absence
of any such exceptions, explicitly states its adherence to all terms and conditions, including those
related to insurance and indemnification as detailed in the proposed Agreement.
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Finance & Management Services
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
Hinderliter, De Llamas & Associates for Professional Auditing Services
related to the City's Sales and Use Transaction Tax, including the Measure
S District Tax, extending the agreement term through June 30, 2030; and
2. Increase the original contract not-to-exceed amount by $250,000, resulting
in a new total contract amount not to exceed $275,500; and
3. Authorize the City Manager or designee to execute the amendment.
The City Manager recommends approval.
Approval of Amendment No. 1 extends the City’s existing agreement with Hinderliter,
De Llamas & Associates (HdL) for continued allocation audits and recoveries with the
California Department of Tax and Fee Administration (CDTFA), quarterly and annual
forecasting, database and reporting tools, and Measure S monitoring.
The amendment extends the term through June 30, 2030, and increases the contract
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amount by $250,000 over five (5) years, establishing a new total not-to-exceed
contract amount of $275,500, inclusive of the original agreement amount of $25,500.
These services support accurate revenue allocation, ongoing audit recovery efforts,
and informed fiscal planning. Funding for this amendment is available within the
General Fund and will be incorporated into annual budget appropriations.
Background
On April 7, 2021, the Mayor and City Council approved a portfolio of revenue audit and
recovery agreements via Resolutions 2021-73, 2021-74, 2021-75, and 2021-76. Under
Resolution 2021-75, the City executed an agreement with HdL for sales tax analysis
and audit services. Concurrently, Resolution 2021-76 authorized the examination of
transactions and use tax records from CDTFA, which is required by law to permit
contracted consultants to access confidential taxpayer data (Rev. & Tax. Code §7056).
Those actions followed an RFP issued September 3, 2020, and established HdL as
the City’s specialist for sales/use and district (Measure S) tax audits, allocation
corrections, and forecasting. Since that time, HdL has provided ongoing audit,
recovery, and reporting support that enhances revenue compliance and informs budget
development.
Discussion
Amendment No. 1 continues the City’s existing relationship with HdL by formalizing a
defined term through June 30, 2030, to ensure uninterrupted sales, use, and Measure
S transaction tax auditing, analysis, and reporting services. The original agreement
provided that the term would continue through completion of services as described in
Exhibit “A”, without a specific end date. To provide administrative clarity and establish
a defined multi-year term aligned with the City’s fiscal planning cycle, the amendment
sets an effective date of July 1, 2025, and extends the agreement through June 30,
2030. HdL has continued providing services without interruption, and sufficient budget
authority exists within the General Fund to support those services.
Amendment No. 1 modifies the existing Professional Services Agreement as follows:
Extends the agreement term through June 30, 2030, to ensure continuity of
sales, use, and Measure S transaction tax auditing and analytical services.
Increases the contract amount by $250,000 for the five-year extension period.
Establishes a new total contract amount not to exceed $275,500, inclusive of
the original $25,500 agreement amount.
All other terms and conditions of the original agreement remain unchanged.
2021-2025 Strategic Targets and Goals
Approval of a Professional Agreement with Hinderliter, De Llamas & Associates aligns
with Goal 1. Improved Operational and Financial Capacity.
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Fiscal Impact
The agreement includes a fixed monthly fee of $1,007.52, invoiced quarterly and
subject to annual CPI adjustment, plus contingent audit recovery fees equal to 15% of
new Bradley-Burns revenues and 25% of new Measure S revenues attributable to the
Consultant’s work. Total compensation under the agreement is subject to a not-to-
exceed amount of $275,500 over the five-year term. Funding for FY 2025/26 is
available in the General Fund within existing appropriations.
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
Hinderliter, De Llamas & Associates for Professional Auditing Services
related to the City's Sales and Use Transaction Tax, including the Measure
S District Tax, extending the agreement term through June 30, 2030; and
2. Increase the original contract not-to-exceed amount by $250,000, resulting
in a new total contract amount not to exceed $275,500; and
3. Authorize the City Manager or designee to execute the amendment.
Attachments
Attachment 1 Professional Services Agreement with Hinderliter, de Llamas &
Associates (HdL), including Exhibit A (Scope of Services and
Schedule of Charges)
Attachment 2 Amendment No. 1 to the Professional Services Agreement with
Hinderliter, de Llamas & Associates
Ward:
All Wards
Synopsis of Previous Council Actions:
April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-75
authorizing the execution of a Professional Services
Agreement with Hinderliter, De Llamas & Associates for
sales and use tax auditing and analysis services.
April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-76
authorizing examination of transactions and use tax records
from the California Department of Tax and Fee
Administration.
CC: Eric Levitt, City Manager
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-1-
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH HINDERLITER, DE LLAMAS & ASSOCIATES
This Amendment No. 1 to the Professional Services Agreement is made and
entered into as of July 1, 2025 (“Effective Date”) by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and Hinderliter, de Llamas
& Associates, a California Limited Liability Company (“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 April 7, 2021, for the purpose of providing Professional Auditing Services
related to the City’s Sale and Use Transaction Tax, including Measure S District
Tax (the “Original Agreement”).
B. WHEREAS, the Parties now desire to amend the Original Agreement in
order to extend the term of the Original Agreement through June 30, 2030 and
establishes a total not-to-exceed compensation amount of $275,500 for the
continued performance of the services. in accordance with the compensation
provisions of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in the this Amendment No. 1 and the
Original 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 Original Agreement shall be extended for an
additional term of five (5) years through June 30, 2030, unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed two hundred fifty thousand dollars ($250,000),
thereby increasing the total not to exceed compensation of the Original Agreement to the
amount of two hundred seventy five thousand five hundred dollars ($275,500). Work shall
be performed at the rates set forth in the Original Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Original Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
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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
AMENDMENT NO. 1 TO THE [PROFESSIONAL SERVICES] AGREEMENT
WITH HINDERLITER, DE LLAMAS & ASSOCIATES
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Hinderliter, De Llamas & Associates
Andrew Nickerson
President
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Finance & Management Services
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the
Board of State Community Corrections (BSCC) for the California Violence
Intervention Program Cycle 4 Grant; and
2. Authorize the City Manager, or designee, to take any further actions to execute
amendments or documents as necessary, including minor and substantive
changes, after review by the City Attorney, as necessary to effectuate the
implementation of the community violence intervention program services with
Subrecipients Young Visionaries Youth Leadership Academy and Operation
New Hope.
The City Manager recommends approval.
On September 21, 2022, the Mayor and City Council approved a grant award in the
amount of $3,800,000 from the Board of State Community Corrections (BSCC) for the
California Violence Intervention Program Cycle 4 (Cal VIP 4) for a grant term of July 1,
2022, through December 31, 2025. On January 15, 2025, the Mayor and City Council
approved Amendment No. 1 to the agreement between the City and the BSCC to
reduce the grant agreement amount $1,896,729.09 and to extend the period of
performance through June 30, 2026. Now, a second amendment for a six-month no-
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cost extension ending December 31, 2026, of the CalVIP 4 grant is necessary to allow
the granting agency sufficient time to complete its review and award process for the
CalVIP Cycle 5 grant program. This extension will ensure continuity of violence
intervention and prevention services currently funded under CalVIP 4 and prevent a
disruption in program operations while funding decisions for the next grant cycle are
being finalized. Approval of this extension will allow the City to maintain critical services
without interruption and ensure a seamless transition between grant cycles.
Background
In July 2022, the City of San Bernardino was awarded funding under CalVIP 4,
administered by the BSCC. The purpose of the CalVIP program is to support
community-based violence intervention and prevention strategies that reduce firearm
violence and improve public safety outcomes. The grant supports evidence-based
programming focused on individuals and communities at highest risk of violence,
including but not limited to outreach, case management, supportive services, and
coordination with community-based partners. The original grant term was scheduled
to conclude on December 31, 2025, and the City received an extension to June 30,
2026. Due to administrative needs and implementation timelines, the BSCC provided
an additional 6-month no-cost extension ending December 31, 2026, to avoid any gaps
in services between Cal VIP 4 and 5 cycles.
Discussion
The BSCC released the Cal VIP 5 grant with a deadline to apply by August 18, 2025,
and an anticipated award announcement by late November 2025. While funding
decisions remain pending, the BSCC approved a six-month no-cost extension for
existing Cal VIP 4 programs as an interim measure to prevent service disruptions. The
BSCC intends to announce Cal VIP 5 awards between March 1 and June 30, 2026.
The amendment includes contingent provisions that will apply only if the City elects to
accept a Cal VIP 5 award if decisions are made on or before March 1. If accepted, the
current program would conclude on March 31, 2026, with administrative closeout
completed by September 30, 2026. Due to the BSCC requiring an expedited execution
of the grant amendment, staff request that the Mayor and City Council ratify the grant
amendment to continue project deliverables and avoid gaps in services. Subrecipients
have been approved to continue services while amendments to execute sub-
agreements are in process.
2021-2025 Strategic Targets and Goals
This project aligns with Goal No. 3: Improved Quality of Life by enhancing community
health, safety, and resilience through proactive planning for extreme heat. By
developing strategies that improve shade, cooling, and urban design, the project
supports a safer, more comfortable, and sustainable environment for all residents.
Fiscal Impact
There is no General Fund impact associated with this item.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the
Board of State Community Corrections (BSCC) for the California Violence
Intervention Program Cycle 4 Grant; and
2. Authorize the City Manager, or designee, to take any further actions to execute
amendments or documents as necessary, including minor and substantive
changes, after review by the City Attorney, as necessary to effectuate the
implementation of the community violence intervention program services with
Subrecipients Young Visionaries Youth Leadership Academy and Operation
New Hope.
Attachments
Attachment 1 – Cal VIP4 Fully Executed Amendment
Attachment 2 – City of San Bernardino- CALVIP-BSCC 857-22-A1
Attachment 3 – CalVIP-4 Fully Executed Standard Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
January 15, 2024 The Council adopted Resolution No 2025-021 authorizing the
City Manager execute Amendment No. 1 to the agreement
and budget (reduced to $1.89M) with the BSCC along with
approval to terminate a PSA with Victory Outreach San
Bernardino, and approval to execute a subrecipient
agreement with Young Visionaries, and PSAs with The
Connie Rice Institute for Urban Peace, Loma Linda Institute
for Community Partnerships, and reallocate $104,969.41 in
ARPA funds from Victory Outreach to Operation New Hope
($54,390.53) and Young Visionaries ($50,578.88).
October 2, 2024 The Council approved motion to reallocate $250k ARPA
funding allocated to the VIP program to street segment
repair.
September 21, 2022 The Council adopted Resolution No. 22-203 authorizing the
City Manager to receive and administer the BSCC Grant
award of $3.8M, authorizing the City Manager to execute a
fourth (4th) amendment to an agreement with Victory
Outreach, and authorizing the Agency Director of
Administrative Services to amend the FY 2022/2023 adopted
budget revenue and expenditures by $3.8M.
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June 1, 2022 The Council approved ARPA PSA contracts for Young
Visionaries, Victory Outreach, and Operation New Hope.
October 6, 2021 The Council approved motion to allocate $1M of APRA funds
and release an RFP to secure three (3) additional vendors.
CC: Eric Levitt, City Manager
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STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES SCO ID· 5227-BSCC857-22-A2
STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER
STD 213A (Rev. 07/2019) BSCC 857-22 2 � CHECK HERE IF ADDITIONAL PAGES ARE A TT ACHED 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTOR NAME
CITY OF SAN BERNARDINO 2. The term of this Agreement is:START DATE
JULY 1, 2022 THROUGH END DATE
DECEMBER 31, 2026
3. The maximum amount of this Agreement after this Amendment is:
$3,800,000.00
Purchase Authority Number
4.The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part ofthe Agreement and incorporated herein:This amendment is the second extension of the grant agreement, extending the term by an additional six months and changing the end date from June 30, 2026 to December 31, 2026. This amendment also includes contingent provisions that only apply if the Grantee elects to accept a California Violence Intervention and Prevention Cohort 5 award.
Exhibit A: Scope of Work, Item 5. Progress Reports and Evaluations is amended by replacing the prior schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements, and adding Item 9. Cohort 5 Contingent Provision. Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1. Statement of Expenditures and Payments with the attached Exhibit B, Item 1. Invoicing and Payments, and adding Item 9. Cohort 5 Contingent Provision.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF SAN BERNARDINO CONTRACTOR BUSINESS ADDRESS 290 North D Street PRINTED NAME OF PERSON SIGNING ERIC LEVIT
:NTR11 \UTH �IZED SIGNATURE
I" . � yv CONTRACTING AGENCY CONTRACT -JG AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTING AGENCY ADDRESS 2590 Venture Oaks Way, Ste 200 PRINTED NAME OF PERSON SIGNING COLLEEN CURTIN CONTRACTING AGENCY AUTHORIZED SIGNATURE ,RS
CITY San Bernardino TITLE City Manager DATE SIGNED
\�-\lo-� s
CITY Sacramento TITLE Deputy Director DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
I STATE I ZIPCA 92401
I STATE I ZIPCA 95833
12/18/2025
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STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC857-22-A1
STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER Purchase Authority Number
STD 213A (Rev. 07/2019)
☒ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED BSCC 857-22 1
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF SAN BERNARDINO
2. The term of this Agreement is:
START DATE
JULY 1, 2022
THROUGH END DATE
JUNE 30, 2026
3. The maximum amount of this Agreement after this Amendment is:
$ 3,800,000.00
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of
the Agreement and incorporated herein:
This amendment adds six months to the term of the grant agreement. The new end date is June 30, 2026
Exhibit A: Scope of Work, Item 5. Progress Reports and Evaluations is amended by replacing the prior
schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements.
Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1.
Statement of Expenditures and Payments with the attached Exhibit B, Item 1. Invoicing and Payments.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF SAN BERNARDINO
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
290 North D Street San Bernardino CA 92401
PRINTED NAME OF PERSON SIGNING TITLE
ROCHELLE CLAYTON Acting City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
Jan 22, 2025
Rochelle Clayton (Jan 22, 2025 22:39 PST)
CONTRACTING AGENCY
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Ste 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
Colleen Curtin Digitally signed by Colleen Curtin
Date: 2025.03.17 09:08:49 -07'00'
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CITY OF SAN BERNARDINO
857-22
Page 1 of 2
EXHIBIT A
Scope of Work
5. Reporting Requirements
Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required
data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. July 1, 2022 to September 30, 2022 November 15, 2022
2. October 1, 2022 to December 31, 2022 February 15, 2023
3. January 1, 2023 to March 31, 2023 May 15, 2023
4. April 1, 2023 to June 30, 2023 August 15, 2023
5. July 1, 2023 to September 30, 2023 November 15, 2023
6. October 1, 2023 to December 31, 2023 February 15, 2024
7. January 1, 2024 to March 31, 2024 May 15, 2024
8. April 1, 2024 to June 30, 2024 August 15, 2024
9. July 1, 2024 to September 30, 2024 November 15, 2024
10. October 1, 2024 to December 31, 2024 February 15, 2025
11. January 1, 2025 to March 31, 2025 May 15, 2025
12. April 1, 2025 to June 30, 2025 August 15, 2025
13. July 1, 2025 to September 30, 2025 November 15, 2025
14. October 1, 2025 to December 31, 2025 February 15, 2026
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan January 3, 2023
2. Final Local Evaluation Report June 30, 2026
C. Other Due no later than:
Financial Audit Report June 30, 2026
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONs
1. Invoicing and Payments
A. Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to
the BSCC that outlines actual expenditures claimed for the invoicing period
Quarterly Invoicing Periods: Due no later than:
1. July 1, 2022 to September 30, 2022 November 15, 2022
2. October 1, 2022 to December 31, 2022 February 15, 2023
3. January 1, 2023 to March 31, 2023 May 15, 2023
4. April 1, 2023 to June 30, 2023 August 15, 2023
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CITY OF SAN BERNARDINO
857-22
Page 2 of 2
5.July 1, 2023 to September 30, 2023 November 15, 2023
6.October 1, 2023 to December 31, 2023 February 15, 2024
7.January 1, 2024 to March 31, 2024 May 15, 2024
8.April 1, 2024 to June 30, 2024 August 15, 2024
9.July 1, 2024 to September 30, 2024 November 15, 2024
10.October 1, 2024 to December 31, 2024 February 15, 2025
11.January 1, 2025 to March 31, 2025 May 15, 2025
12.April 1, 2025 to June 30, 2025 August 15, 2025
13.July 1, 2025 to September 30, 2025 November 15, 2025
14.October 1, 2025 to December 31, 2025 February 15, 2026
Final Invoicing Periods*: Due no later than:
May 15, 2026 15.January 1, 2026 to March 31, 2026
16.April 1, 2026 to June 30, 2026
Supporting documentation must be submitted for expenditures upon BSCC’s
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Created:
By:
Status:
2025-01-22
Angelica Orozco (Orozco_An@sbcity.org)
Signed
Transaction ID: CBJCHBCAABAAATCeswqJ560z5iqg3O5lPIQ-4jU2FXLb
City of San Bernardino- CALVIP-BSCC 857-22-
A1 (002)
Final Audit Report 2025-01-23
"City of San Bernardino- CALVIP-BSCC 857-22-A1 (002)" Histor
y
Document created by Angelica Orozco (Orozco_An@sbcity.org)
2025-01-22 - 7:05:30 PM GMT
Document emailed to clayton_ro@sbcity.org for signature
2025-01-22 - 7:06:48 PM GMT
Email viewed by clayton_ro@sbcity.org
2025-01-23 - 6:38:09 AM GMT
Signer clayton_ro@sbcity.org entered name at signing as Rochelle Clayton
2025-01-23 - 6:39:24 AM GMT
Document e-signed by Rochelle Clayton (clayton_ro@sbcity.org)
Signature Date: 2025-01-23 - 6:39:26 AM GMT - Time Source: server
Agreement completed.
2025-01-23 - 6:39:26 AM GMT
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Andrea Russell, Director of Human Resources
Human Resources
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the annual renewal of the City’s property insurance for a premium
not to exceed $2,540,000 for the term beginning April 1, 2026, and ending March 31,
2027; and authorizing the City Manager to execute all related documentation.
The City Manager recommends approval.
Approving the City’s annual property insurance renewal for fiscal year 2026/27 to cover
direct physical loss or damage to City property. Coverage includes commercial
property, flood, earthquake, auto physical damage, and terrorism & sabotage. Due to
the timing of the renewal which commences April 1, 2026, the FY 25/26 Operating
Budget includes funding to support expenditures in the current fiscal year (3 months).
The FY 26/27 Operating Budget will include funding for the remaining 9 months.
The City of San Bernardino has a pooled membership within Public Risk Innovation,
Solutions, and Management (PRISM) property program. Members within a pooled
insurance plan typically experience lower rate increases year over year as opposed to
stand-alone coverage. PRISM seeks quotes from both domestic and international
markets in order to fill all the program insurance needs; therefore, it is a very intensive
marketing process each year due to the size of the program and the number of carriers
involved. Once the final quote is selected, PRISM then works internally with actuaries
and underwriters to determine the premium allocation of each member based on their
individual loss experience and exposure information.
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Discussion
The City purchases commercial property insurance to cover direct physical loss or
damage to City property caused by or resulting from a covered cause of loss.
Member rates for 2026 are slightly increasing. The degree of rate increase to each
individual member varies within an established range dependent upon claims
experience, however, most members will experience up to a 10% increase. Member
allocation also considers the unique exposures of each entity including the types of
property being insured and exposure to natural catastrophes.
The City's not to exceed premium of $2,540,000 represents a 2.5% increase over last
year's not to exceed premium amount of $2,478,000. Below is a breakdown of each
type of coverage included in the renewal, through Alliant, with PRISM for the term
beginning April 1, 2026, through March 31, 2027.
Commercial Property
The City purchases commercial property insurance to cover direct damage to City
property. The policy through PRISM provides a $300,000,000 limit per occurrence with
a $100,000 deductible.
Flood
The City purchases flood insurance to cover direct physical loss of or damage to City
property caused by or resulting from a flood. The policy through PRISM provides a
$200,000,000 limit with a $25,000 deductible.
Earthquake
The City purchases earthquake insurance to cover direct physical loss of or damage
to City property caused by or resulting from an earthquake. The policy through PRISM
provides a $100,000,000 limit with a $100,000 deductible minimum, or 5% of the total
value of the building.
Auto Physical Damage
The City purchases auto physical damage insurance to cover City-owned vehicles
against perils such as collision, vandalism, fire and theft. The policy through PRISM
provides a replacement cost value or actual cash value of vehicles with a $10,000
deductible.
Terrorism and Sabotage
The City purchases terrorism and sabotage insurance for property damage and
business interruption coverage in the event of a terrorist attack. The policy through
PRISM provides a $750,000,000 limit with a $100,000 deductible.
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s property insurance policy aligns with Key Target
No. 1b: Improved Operational & Financial Capacity - Minimize risk and litigation
exposure. Commercial property insurance protects the City and mitigates risk by
covering direct physical loss or damage to City property.
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Fiscal Impact
The FY 2025/26 Operating Budget includes funding to support expenditures in the
current fiscal year. The policy term is April 1, 2026, through March 31, 2027, for a not
to exceed premium of $2,540,000. The premium will be expensed across two fiscal
years: three (3) months in FY 2025/26 in the amount of $635,000 and nine (9) months
in FY 2026/27 in the amount of $1,905,000. Funding will be included in the FY 2026/27
Operating Budget for the portion of the premium expensed in next fiscal year.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the annual renewal of the City’s property insurance for a premium
not to exceed $2,540,000 for the term beginning April 1, 2026, and ending March 31,
2027; and authorizing the City Manager to execute all related documentation.
Attachments
Attachment 1 – PRISM 2026/27 Budget Estimates
Attachment 2 – PRISM Property Market Update
Ward:
All Wards
Synopsis of Previous Council Actions:
April 2, 2025 Mayor and City Council approved the annual renewal of the City’s
property insurance for a premium not to exceed $2,478,000 for the
term beginning April 1, 2025, and ending March 31, 2026.
March 20, 2024 Mayor and City Council approved the annual renewal of the City’s
property insurance for a premium not to exceed $2,415,000 for the
term beginning April 1, 2024, and ending March 31, 2025.
June 7, 2023 Mayor and City Council approved the annual renewal of the City’s
property insurance for a premium not to exceed $1,742,000 for the
term beginning April 1, 2023 and ending March 31, 2024.
March 2, 2022 Mayor and City Council adopted Resolution No. 2022-42, approving
the annual renewal of the City’s property insurance for a premium not
to exceed $1,601,000 for the term beginning April 1, 2022 and ending
March 31, 2023.
March 3, 2021 Mayor and City Council adopted Resolution No. 2021-54, approving
the annual renewal of the City’s property insurance for a premium not
to exceed $1,292,000 for the term beginning April 1, 2021 and ending
March 31, 2022.
CC: Eric Levitt, City Manager
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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2026/27 Budget Estimates, January 2026
0
This second round of premium estimates have been prepared to further assist members with
budgeting for the 2026/27 fiscal year. Since the initial estimates provided in October, these
projections have been updated to reflect estimated 2026/27 exposure information submitted through
the renewal applications, as well as losses evaluated as of June 30, 2025. Pool rates have also been
updated for the EWC and GL1 programs to incorporate the applicable expiring confidence levels and
discount factors, which are scheduled for approval at the March Board of Directors meeting.
Pool rates for the other programs, reinsurance and excess insurance premiums, and administrative
costs, remain estimates at this stage. As such, members are encouraged to budget toward the high
end of the provided range. Consistent with direction from the Board of Directors, these estimates are
intentionally conservative; although final premiums may vary from these preliminary projections, staff
makes every effort to keep final premiums within the provided range.
Excess Workers' Compensation Program
Premium
24/25 Premium:24/25 Premium:$652,569 2024/25 Estimated Payroll: $105,416,651
25/26 Premium:$909,248 2025/26 Estimated Payroll: $138,005,235
26/27 Estimated Premium:$795,000 to $818,000 2026/27 Estimated Payroll:$124,294,972
PRISM pool rates have been updated in these estimates and are pending approval by the PRISM
Board of Directors at their March 2026 meeting. The estimate incorporates projected 2026/27 payroll
exposures submitted through renewal applications and losses evaluated as of June 30, 2025.
Reinsurance / excess insurance costs, as well as administrative expenses, remain estimated at this
stage. These estimates also reflect the rating changes approved by the Board of Directors in October
2025, which will be phased in over a three-year period. For 2026/27, the rates are blended at 67% old
and 33% new.
Members reporting payroll increases greater than 7% compared to the prior year may experience
premium changes outside the range provided in the October estimates. Additionally, members who
experienced large claim development since last year's losses (evaluated as of June 30, 2024) will
likely see premium changes outside of what was provided before as well. For entities electing to
apply the 2024/25 payroll audit to the 2026/27 renewal, the audit adjustment is included in the total
estimated collection shown. For entities settling the payroll audit outside of the renewal premium, the
amount shown reflects the estimated renewal premium only.
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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2026/27 Budget Estimates, January 2026
0
General Liability 2 Program
Premium
24/25 Premium:24/25 Premium:$2,049,093 2024/25 Estimated Payroll: $78,045,281
25/26 Premium:$2,300,085 2025/26 Estimated Payroll: $108,366,606
26/27 Estimated Premium:$2,661,000 to $2,919,000 2026/27 Estimated Payroll:$106,508,104
The liability market continues to hearden in response to rising claims costs. Based on market
conditions, and the Board's direction to be conservative this early on in the process, these estimates
reflect rate increases of 20% to 40% for the SIR to 10M layer, 15% to 30% within the 5M xs 10M
layer, and 20% to 40% for the 10M xs 15M layer. These preliminary estimates have been formulated
utilizing the 2025/26 final allocation and anticipating market rate fluctuations. Please note that
individual member rates may vary depending on loss history development, changes in exposure, or
other relevant factors. Therefore, we recommend budgeting towards the upper end of the range
provided. The market based allocation of premium for the program will be evaluated and approved by
the GL2 Committee in the Spring.
Property Program
Premium
24/25 Premium:24/25 Premium:$2,207,895 2025/26 AR TIV: $437,166,465
25/26 Premium:$2,273,844 2025/26 EQ TIV: $221,551,432
26/27 Estimated Premium:$2,156,000 to $2,540,000
The first version of the 2026/27 premium estimates sent in October had an overall premium range
of -5% to +10% for most members. This estimate was based on 2025/26 binding Total Insured
Values (TIV) and did not take into consideration property schedule updates. In these updated
premium estimates, the premium ranges have been reduced for most members in consideration of
the favorable property market and are based on updated TIV as of November 20, 2025, and loss
history. Members with adverse loss development and/or TIV increases since the initial premium
estimates may see premium increases higher than the range provided in October. We continue to
recommend you budget towards at the high end of the range provided.
Key Note: Large catastrophic events or economic downturn prior to the March 31, 2026 renewal
could impact the property insurance marketplace and potentially affect the premium estimates.
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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM)
2026/27 Budget Estimates, January 2026
0
Master Crime Program
Premium
24/25 Premium:24/25 Premium:$13,709
25/26 Premium:$13,190
26/27 Estimated Premium:$15,200 to $15,900
The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M
excess of $10M layer, Great American for the $5M excess of $15M layer, and with Crum & Forster
for the $5M excess of $20M layer. The layers above AIG provide a $1M Faithful Performance
sublimit, while the Great American layer includes a 5 times shared policy Annual Aggregate on this
sublimit. At this time we recommend budgeting for a 10%-15% rate increase. Please note that
exposure changes could impact the premium.
For those members that do not currently purchase the optional $250,000 excess of $250,000
Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the
budget estimates if there is interest in applying for that coverage.
Cyber Liability Program
Premium
24/25 Premium:24/25 Premium:$20,979
25/26 Premium:$21,512
26/27 Estimated Premium:$25,900 to $39,800
At this time, we recommend members with no paid or open claims, to budget for a 20% - 50% rate
increase. For members that have paid losses or open claims with the potential for paid losses,
please budget for a 20% - 85% rate increase. For members with significant losses and inadequate
security controls, the increase may be larger.
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1www.safetynational.com
January 21, 2026
To: Property Program Members
From: Gina Dean, CEO
Re: Property Market Update
As we reflect on 2025 and look ahead to 2026, we find ourselves at an important inflection
point in the commercial property insurance market. After many years of sustained hard-
market conditions, the market environment has shifted meaningfully. Capacity has
returned, pricing pressure has eased, and competition among carriers has increased
which all serve to provide improved renewals for insureds. Despite the unprecedented
Palisades and Eaton wildfires only a year ago in January 2025, we expect that the current
market conditions will allow for a rate decrease for the PRISM members at the upcoming
renewal. This expectation is contingent upon no market changing events occurring prior
to the renewal.
Insurance Market Background
The property insurance market has undergone a significant shift over the past year and
has finally softened from the hard cycle that began in 2017. The hard market cycle was
due to large hurricane losses, perpetuated by world events and frequent large losses
across the industry. In response to a sustained challenging insurance market, PRISM
made the strategic decision to retain the primary $10M of the Program effective 3/31/22
to better manage pricing and coverage. While PRISM provides capacity with superior
terms and pricing than the open market in the primary layer, we continue to leverage our
size and relationships to negotiate favorable terms on the excess layers. This balance
provides the best program possible for members, especially considering carriers’
continued concern about climate-related risks in California.
A major concern of carriers is the continued increase in extreme weather events in
California, including wildfires, winter storms, and floods. Wildfires have long been a key
concern, with Atmospheric Rivers becoming an emerging risk. Between the January 2025
wildfires and extreme rain events in recent years, the escalating risk is being carefully
monitored. Thankfully PRISM’s design has effectively managed these exposures, but
discussion of these risks is expected to be a key part of negotiations for the 2026 renewal.
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Excess Capacity Renewal
Despite continued severe natural catastrophes
at unprecedented levels, the minimal coastal
hurricane activity over the last 2 years has
resulted in carriers generating profits. This
profitability has resulted in improved pricing and
a desire to grow, which we have not seen in
many years. Though carriers continue to
carefully consider the exposure, the favorable
insurance market is expected to result in
improved pricing and additional capacity for
increased limits.
Primary Capacity Renewal
While loss experience for carriers excess of
$25M has been minimal (except for the recent
Eaton wildfire loss), the primary $10M layer
has experienced significant loss traffic since
self-funding. More frequent claims, severe
winter storms, wildfires and inflation are key
drivers of this increase. In the 5 years leading
up to PRISM self-insuring the primary $10M,
the average annual loss for this layer was
$60M. Since self-insuring the primary $10M
layer the average has nearly doubled.
- 2022/23: $160M (approximately $70M
of this was due to winter storms)
- 2023/24: $120M
- 2024/25: $100M
- 2025/26: $85M (estimated total based
on current losses)
Fortunately, the PRISM exposure to losses in the primary layer is limited by purchase of
reinsurance and the exposure is fully funded, meaning there is minimal risk to PRISM
surplus. While this on its own would lead to a stable primary renewal, we intend to improve
it further by taking advantage of the favorable open market pricing and capacity. To
accomplish this, the primary layer design is expected to be modified slightly. This shift will
reduce pricing and exposure to PRISM while maintaining stability with self-insurance.
3.3 5.7 6.7
13.1
20 18
28 27
23
Average # of $1B+ Weather/Climate
Events in the US (NOAA source)
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180
Lo
s
s
e
s
Year of Coverage
PRISM Primary $10M Losses (in millions)
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PRISM’s retention of the primary layer
has shielded members from gaps in
coverage, restrictive renewal terms
and exorbitant pricing increases. It is
estimated that the Program will have
saved more than $150M in premium by
self-funding following the upcoming
renewal.
In summary, although the PRISM
Property Program has had a few
difficult years, PRISM’s sophistication
and robust Net Position has allowed
the Program to absorb these
significant losses and still remain in a
positive funding position. In addition,
the Program structure has prevented
negative loss experience to most of the long-term carrier partners which improves the
open market pricing. Finally, PRISM provides members the most comprehensive
coverage at a more favorable price than members could obtain on their own. PRISM’s
power is in pooling, and together with the members the Program will be able to work
through the challenges resulting from unforeseen events and continue to provide the
lowest cost to members for the foreseeable future.
Sincerely,
Gina Dean
0
50
100
150
200
2020 2021 2022 2023 2024 2025 2026
PRISM Primary $10M Premium (in millions)
Self Funded Open Market
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Darren Goodman, Chief of Police
Police
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Authorize the City Manager to execute the first amendment to the Goods
Purchase Agreement with Long Beach BMW Motorcycles, increasing the total
purchase amount from $77,218.00 to $162,809.80.
2. Authorize the Director of Finance and Management Services to increase the
existing purchase order from $77,218.00 to $162,809.80.
The City Manager recommends approval.
The City previously entered into a Goods Purchase Agreement with Long Beach BMW
Motorcycles in the amount of $77,218.00 for the purchase of two motorcycles. Long
Beach BMW Motorcycles was identified as the lowest responsive bidder through a
formal Request for Quotes (RFQ F-25-4043) and the agreement was signed under the
City Manager’s signing authority. A recent evaluation of the Police Department's
current inventory has revealed a critical need for an additional two motorcycles,
bringing the total procurement to four units. This amendment increases the total
purchase amount to $162,809.80, which exceeds the City Manager's signing authority,
and will allow the department to purchase the two additional motorcycles at a cost of
$38,609.03 each, plus necessary aftermarket accessories at $2,093.42 per
motorcycle. There is sufficient funding in the Police Department’s approved Fiscal Year
2025/26 operational budget for this amendment; no budget amendment is required.
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Background
On May 14, 2025, the City issued a Request for Quotes (RFQ F-25-4043) for the
procurement of motorcycles for the Police Department’s Traffic Unit. Two responsive
quotes were received. Based on the pricing and delivery timeframes submitted, Long
Beach BMW Motorcycles was selected as the lowest responsive bidder. The following
table summarizes the quotes received:
Vendor Price per Motorcycle Delivery Timeframe
Long Beach BMW Motorcycles $38,609.03 180 days
BMW Motorcycles of Riverside $39,747,57 Unknown
A Good Purchase Agreement was executed on June 25, 2025, by the City Manager in
accordance with the City’s Purchasing Policy and Procedures, for the purchase of two
(2) motorcycles totaling $77,218.00. An evaluation of the Department’s current
inventory has determined that an additional two (2) motorcycles are required. Upon
completion of the motorcycles and subsequent review, it was determined that
additional aftermarket accessories were necessary, totaling $2,093.42 per motorcycle.
Discussion
Packet Page. 289
This request is driven by the operational requirements of the Police Department’s
Traffic Unit, which utilizes motorcycles for daily enforcement, special events, and
various high-profile activities. Most patrol motorcycles lose their effectiveness and
reliability after reaching 60,000 to 70,000 miles. Due to the high volume of service calls
and the significant mileage logged annually, it is essential to rotate out aging units to
ensure officers are provided with the safest and most reliable equipment. Furthermore,
the acquisition of these additional units ensures that the department is prepared to
equip officers, as two currently vacant motor officer positions are filled.
The proposed amendment will have no direct impact on the City’s general fund, as the
procurement will be financed using funds from the department’s existing motor vehicle
budget. To facilitate this, it is recommended that the City Council authorize the City
Manager to execute the first amendment to the agreement and permit the Director of
Finance and Management Services to increase the existing purchase order to the new
total. This regular replacement of equipment is vital for maintaining the operational
efficiency and safety of the Traffic Unit, as it serves the City of San Bernardino
The San Bernardino Police Department is requesting an amendment to the Goods
Purchase Agreement with Long Beach BMW Motorcycles. This amendment aims to
increase the total purchase amount from $77,218.00 to $162,809.80, enabling the
department to procure two (2) additional motorcycles.
This request is necessary due to several factors. First, the wear and tear on our current
motorcycles has resulted in some units having high mileage and needing to be rotated
out of the fleet. It is essential that our officers have the safest and most reliable
equipment available. Additionally, the high volume of police calls for service on these
motorcycles further emphasizes the need for this amendment. Granting this request is
critical to ensure that our officers have adequate equipment to effectively serve the City
of San Bernardino.
The regular purchase of motorcycles not only supports the day-to-day operations of
the Traffic Unit but also enhances their capability to respond effectively to the diverse
needs of the city.
2021-2025 Strategic Targets and Goals
This proposed action aligns with Key Target No. 3: Improved Quality of Life; constantly
evaluate public safety services delivery models to enhance the quality of service.
Fiscal Impact
The fiscal impact to the general fund is $162,809.80. There are sufficient funds within
the department's FY25/26 operational budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
Packet Page. 290
1. Authorize the City Manager to execute the first amendment to the Goods
Purchase Agreement with Long Beach BMW Motorcycles, increasing the total
purchase amount from $77,218.00 to $162,809.80; and
2. Authorize the Director of Finance and Management Services to increase the
existing purchase order from $77,218.00 to $162,809.80.
Attachments
Attachment 1 Amendment No. 1 - Long Beach BMW Motorcycles
Attachment 2 Long Beach BMW Motorcycles Quote
Attachment 3 Aftermarket Accessories
Ward:
All Wards
Synopsis of Previous Council Actions:
On August 2, 2018, the Mayor and City Council adopted Resolution No. 2018-198,
approving an agreement with BMW Motorcycles of Riverside.
CC: Eric Levitt, City Manager
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-1-
AMENDMENT NO. 1 TO
GOODS PURCHASE AGREEMENT
WITH LONG BEACH BMW MOTORCYCLES
This Amendment No. 1 to the Goods Purchase Agreement is made and entered
into as of March 4, 2026 (“Effective Date”) by and between the City of San Bernardino, a
charter city and municipal corporation (“City”) and Long Beach BMW Motorcycles, (a
corporation with its principal place of business at 2125 East Spring Street, Long Beach,
California 90806) (“Supplier”). City and Supplier are sometimes referred to herein
individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Supplier have entered into an agreement,
dated June 25, 2025, for the purpose of supplying current production BMW motorcycles
(the “Original Agreement”).
B. WHEREAS, the City and the Supplier have entered into an Amendment No.
1 to the Original Agreement, dated February 18, 2026, for the purpose of amending
Exhibit C – Fee Schedule.
C. WHEREAS, the Parties now desire to amend the Original Agreement in
order to increase the order quantity from two (2) to four (4) motorcycles in accordance
with the compensation provisions of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Original
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. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall increase the total not to exceed compensation of the Original
Agreement to the amount of One Hundred Sixty-Two Thousand, Eight Hundred Nine
Dollars and Eighty Cents ($162,809.80). Work shall be performed at the rates set forth
in the Original Agreement.
3. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Original Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
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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.
5. 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
AMENDMENT NO. 1 TO THE GOOD PURCHASE AGREEMENT
WITH LONG BEACH BMW MOTORCYCLES
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
SUPPLIER
LONG BEACH BMW MOTORCYLES
Charles Berthon
General Manager
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EXHIBIT C
FEE SCHEDULE
1 BMW R 1300 RT-P 4 $38,609.03 $154,436.12
2 PARTS 4 $2,093.42 $8,373.68
Total $162,809.80
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Darren Goodman, Chief of Police
Police
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-018 authorizing:
1. The City Manager to enter a Regional Training and Equipment Memorandum
of Understanding with the City of Riverside regarding Urban Area Security
Initiative Grant funding for Federal Fiscal Year 2023; and
2. Authorizing the City Manager or their designee to conduct all negotiations,
signings, and submittals of necessary documents.
The City Manager recommends approval.
San Bernardino Police Department personnel will be participating in fusion center
training funded by Fiscal Year 2023 Urban Area Security Initiative (UASI) grant
funds. Prior to participating in the training, the City of San Bernardino and the City of
Riverside must have a Memorandum of Understanding (MOU) regarding the Fiscal
Year 2023 UASI grant. This item is necessary to allow the City of Riverside to apply
grant funds to the payment of training expenses for personnel from the San Bernardino
Police Department.
The City of San Bernardino has been a participant in the Urban Areas Security Initiative
(UASI) Grant program since 2008. The UASI Program assists high-density Urban
Areas in building and sustaining capabilities to prevent, protect against, mitigate,
respond to, and recover from threats or acts of terrorism using the Whole Community
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approach. The UASI grant is administered through the City of Riverside Office of
Emergency Management. Through its participation in the UASI Program, the San
Bernardino Police Department obtains grant funds for the purchase of equipment
and training that enhances security and better prepares police employees to respond
to emergencies on behalf of San Bernardino citizens.
Discussion
The Riverside UASI grant program is funding training necessary for the Safety and
Tribal Regional Analysis Center (STRAC). Since the San Bernardino Police
Department is a Participating Agency with the STRAC and will serve as the host
location for the STRAC, the Police Department has an interest in ensuring that police
personnel receive training regarding fusion center operations and best practices. The
UASI grant program is currently spending Fiscal Year 2023 grant funds to send public
safety personnel from the UASI region to the National Fusion Center Association
(NFCA) Conference. The NFCA Conference is held annually to provide training on a
variety of topics, including fusion center operations, information sharing, interaction
with regional partners, fusion center best practices, and legal updates, among others.
Through a partnership with the City of Riverside and the UASI grant program, the City
of San Bernardino has an opportunity to obtain necessary training for Police
Department personnel regarding fusion center operations at no cost to the City of San
Bernardino.
Prior to using UASI Fiscal Year 2023 grant funds toward the training of San Bernardino
Police personnel, the City of Riverside must have an active Training and Equipment
Memorandum of Understanding (MOU) with the City of San Bernardino regarding
Fiscal Year 2023 UASI grant funds. Staff is requesting the Mayor and Council authorize
the City Manager to execute a Training and Equipment MOU with the City of Riverside
that would allow UASI grant funds to be used to send Police Department personnel to
the NFCA Conference for training.
2021-2025 Strategic Targets and Goals
Execution of an MOU with the City of Riverside aligns with Key Strategic Target and
Goal No. 3: Improved Quality of Life: by constantly evaluating public safety service
delivery models to enhance the quality of service.
Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2026-018 authorizing:
1. The City Manager to enter a Regional Training and Equipment Memorandum
of Understanding with the City of Riverside regarding Urban Area Security
Initiative Grant funding for Federal Fiscal Year 2023; and
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3
1
4
8
2. Authorizing the City Manager or their designee to conduct all negotiations,
signings, and submittals of necessary documents.
Attachments
Attachment 1 Resolution No. 2026-018
Attachment 2 Memorandum of Understanding
Attachment 3 Standard Assurances
Attachment 4 Certificate of Non Supplanting
Attachment 5 Debarment Certification
Attachment 6 Equipment Loan Agreement
Attachment 7 Material Transfer Form
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023, The Mayor and City Council adopted Resolution No. 2023-153,
authorizing the City Manager to accept the 2022 UASI grant.
December 1, 2021, The Mayor and City Council adopted Resolution No. 2021-283,
authorizing the City Manager to accept the 2020 UASI grant.
January 16, 2019, The Mayor and City Council authorized the City Manager to accept
and administer the 2017 UASI grant.
CC: Eric Levitt, City Manager
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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026
Page 1 of 3
RESOLUTION NO. 2026-018
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO CALIFORNIA
AUTHORIZING THE CITY MANAGER TO ENTER A
REGIONAL TRAINING AND EQUIPMENT
MEMORANDUM OF UNDERSTANDING WITH THE CITY
OF RIVERSIDE REGARDING URBAN AREA SECURITY
INITIATIVE GRANT FUNDING FOR FEDERAL FISCAL
YEAR 2023 AND AUTHORIZING THE CITY MANAGER
OR THEIR DESIGNEE TO CONDUCT ALL
NEGOTIATIONS, SIGNINGS, AND SUBMITTALS OF
NECESSARY DOCUMENTS.
WHEREAS, The City of San Bernardino is a participating jurisdiction in the Riverside
Urban Area Security Initiative program, a grant program that will fund training relevant to the
Safety and Tribal Regional Analysis Center (STRAC); and
WHEREAS, The STRAC will serve as a regional fusion center for San Bernardino and
Riverside Counties to improve local capacity to prepare for, protect against, and respond to
catastrophic incidents, terrorism and criminal acts; and
WHEREAS, The STRAC will be located at the San Bernardino Police Department,
requiring fusion center related training for Police Department Personnel.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized enter a Training and
Equipment MOU with the City of Riverside regarding Urban Area Security Initiative Grant Funds
for Fiscal Year 2023, and execute any documents as may be necessary.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026
Page 2 of 3
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 4th day of March 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2026-018, adopted at a regular meeting held on the 4th day of March 2026 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 5th day of March 2026.
Telicia Lopez, CMC, City Clerk
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TRAINING
MEMORANDUM OF UNDERSTANDING
CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE OF EMERGENCY
MANAGEMENT, AND THE CITY OF SAN BERNARDINO
REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING
FOR FEDERAL FISCAL YEAR 2023
This MEMORANDUM OF UNDERSTANDING (“MOU”) is effective ________, 2026,
between THE CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE OF EMERGENCY
MANAGEMENT, and THE CITY OF SAN BERNARDINO (“Participating Agency”) under the
following terms and conditions:
1. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to comply with United States Department of
Homeland Security – Homeland Security Grant Program guidance, processes and
requirements.
3. The Participating Agency agrees that all equipment, supplies and training funded
through the UASI program is for the mutual benefit of the Riverside UASI Region
and not for the exclusive benefit of the Participating Agency.
4. The Participating Agency agrees that all equipment, supplies and technical
expertise developed through training funded by the UASI program is to be made
available for emergency use through established mutual aid systems, established
mutual aid agreements or made reasonably available through a valid request by a
member jurisdiction or organization of the Riverside UASI.
5. The Participating Agency agrees to provide, prior to being funded, the most recent
copy of their Single Audit Report.
6. The participating agency agrees to designate a Project Manager and Grant Manager
for each project awarded and provide the contact information of those individuals
to the City of Riverside Office of Emergency Management / UASI. Upon any
changes to the original designation the agency will provide written notification and
updated contact information.
7. The Participating Agency agrees to maintain all documentation supporting all
expenditures reimbursed from grant funds, and ensure all expenditures are
allowable under grant requirements. Recipients that expend $300,000 or more of
federal funds during their respective fiscal year agree to submit an organization
wide financial and compliance audit report. The audit shall be performed in
accordance with the U. S. General Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass-Through Agency: Office of Homeland Security;
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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding
Program Title: Public Assistance Grants; Federal ALN Number: 97.067). The
records shall be maintained and retained in accordance with UASI grant
requirements and shall be available for audit and inspection by the City and
designated grant agent personnel.
8. The Participating Agency agrees that all its expenditures shall be in accordance
with the approved project expenditures and allowable costs as submitted to the City
and approved by the California Office of Emergency Services (Cal OES) and the
U.S. Department of Homeland Security Grants Program Directorate.
9. The Participating Agency agrees to maintain adoption and implementation of
(National Incident Management System) NIMS.
10. The Participating Agency agrees to defend, indemnify, and hold harmless the City,
its agents, officers, and employees, from and against all liability arising out of the
Participating Agency’s acts or omissions under this MOU.
11. The City agrees to defend, indemnify, and hold harmless the Participating Agency,
its agents, officers, and employees, from and against all liability arising out of the
City’s acts or omissions under this MOU.
12. The Participating Agency agrees to provide the Certificate of Non-Supplanting
(Attachment B).
13. The Participating Agency agrees to provide the Certification regarding Debarment,
Suspension and Other responsibility matters (Attachment C).
14. The Subgrantee Performance Period for the FY2023 UASI funding cycle is from
September 1, 2023 to January 1, 2026.
15. The Participating Agency agrees to the use of a UASI Equipment Loan Agreement
(Attachment D) that authorizes Participating Agencies the use of UASI Regional
equipment to be utilized amongst the Riverside UASI region when requesting use
of UASI Regional Equipment.
16. The Participating Agency agrees to use a Material Transfer Form (Attachment E)
to document the use and return of equipment loaned pursuant to paragraph 15.
(Signatures on following page)
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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of Riverside, by and through its Office of Emergency Management and the City of San
Bernardino, by and through its/their authorized representatives.
CITY OF RIVERSIDE PARTICIPATING AGENCY
By: ______________________________ By: ______________________________
Eric Levitt
Title: _____________________________ Title: _City Manager________________
Attest: Attest:
By: _____________________________ By: ____________________________
Donesia Gause Telicia Lopez, CMC
Title: _____________________________ Title: __City Clerk_________________
City Clerk
Approved as to form: Approved as to form:
By: _____________________________ By: _____________________________
Deputy City Attorney Best Best & Krieger LLP
City Attorney
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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding
Governing Body Resolution
(For Operational Areas and Urban Area’s)
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO THAT THE CITY MANAGER is hereby authorized to execute for and on behalf of
the named applicant, a public entity established under the laws of the State of California, any
actions necessary for the purpose of obtaining federal financial assistance provided by the federal
Department of Homeland Security and sub-granted through the State of California.
Passed and approved this 18th day of February, 2026
Certification
I, ______________________________________________, duly appointed and City Clerk of the
(Name)
Mayor and City Council of the City of San Bernardino do hereby certify that the above is a true
and correct copy of a resolution passed and approved by the Mayor and City Council of the City
of San Bernardino on the 18th day of February, 2026.
__________________________________________
(Official Position)
___________________________________________
(Signature)
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
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(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
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(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principle
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor’s Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (4)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.
§ 2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)—
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be designed and constructed with certain accessible features
(See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
(k) Department of Homeland Security (DHS) policy to ensure the equal
treatment of faith-based organizations, under which the Applicant must
comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act
(FEHA) (California Government Code §§12940-12957), as applicable. FEHA
prohibits harassment and discrimination in employment because of ancestry,
familial status, race, color, religious creed (including religious dress and
grooming practices), sex (which includes pregnancy, childbirth, breastfeeding
and medical conditions related to pregnancy, childbirth or breastfeeding),
gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, mental and physical disability, genetic information,
medical condition, age, pregnancy, denial of medical and family care leave,
or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for
reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
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7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.); and
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(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease-and-
desist order pursuant to section 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit
Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set
forth in the government-wide financial assistance award term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
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which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication.
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Drivers are also prohibited from the use of a wireless telephone without hands-free
listening and talking, unless to make an emergency call to 911, law enforcement, or
similar services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity’s grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code §7920.000 et seq. The Applicant should consider these
laws and consult its own State and local laws and regulations regarding the release
of information when reporting sensitive matters in the grant application, needs
assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is
required to have a publicly-available privacy policy that describes standards on the
usage and maintenance of PII they collect. The Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
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24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of United States Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the Applicant from
shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms
and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air
carriers holding certificates under 49 U.S.C. § 41102) for international air
transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act
of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
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30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through
non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant’s currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, the Applicant must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the Applicant must demonstrate how
the grant-funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
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(b) All manufactured products used in the project are produced in the United
States – this means the manufactured product was manufactured in the
United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under
applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means
that all manufacturing processes for the construction material occurred in the
United States.
The “Buy America” preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a “Buy America” preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America”
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance
Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order
14074. The Applicant is also encouraged to adopt and enforce policies consistent with
Executive Order 14074 to support safe and effective policing.
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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) has made false certification,
or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms
and Conditions 2023, Version 2, hereby incorporated by reference, which can be found
at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
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Certificate of Non‐Supplanting
My signature below affirms that grant funds from the Urban Area
Security Initiative Grant will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the
same purpose.
Designated Agent:
Printed Name
Signature
Title
Agency
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RIVERSIDE URBAN AREA SECURITY INITIATIVE
CERTIFICATION REGARDING DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before
completing this form. Signature of this form provides for compliance with certification requirements under the
applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement).
The certification shall be treated as a material representation of fact upon which reliance will be placed when the
Agency determines to award the covered transaction or cooperative agreement.
If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment. The applicant shall provide immediate
written notice to the person to whom this proposal is submitted if at any time the applicant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR,
for prospective participants in covered transactions, as defined in the applicable CFR
1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions
by any Federal department or agency (Note: The terms "covered transaction," "debarred," "suspended,"
"ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549.);
b. Have not within a three-year period preceding this application been conflicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local) with commission of any of these offenses enumerated in paragraph (1)(b) of this
certification; and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach as
explanation to this application.
Authorized Agent Signature Business Name
Name Printed or Typed Street Address
Date City, State, Zip Code
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GENERAL EQUIPMENT LOAN AGREEMENT
<INSERT NAME OF BORROWER>
This Equipment Loan Agreement ( “AGREEMENT”) is made and entered into this ______
day of _________________, 20____ (“EFFECTIVE DATE”), by and between the CITY OF
RIVERSIDE, a California charter city and municipal corporation (“LENDER”), and
_____________________________________________ (“BORROWER”). Individually,
LENDER or BORROWER may be referred to as a “PARTY” and collectively LENDER and
BORROWER may be referred to as the “PARTIES”.
RECITALS
WHEREAS, the LENDER has authorized the purchase of equipment and systems funded
by the Urban Area Security Initiative (“UASI”) Grants; and
WHEREAS, the UASI Grant provides that all equipment, supplies and training funded
through the UASI Grant is for the mutual benefit of the member Cities and/or agencies in the
Riverside UASI Region and not for the exclusive benefit of the LENDER or other member Cities
and/or agencies; and
WHEREAS, the BORROWER is a local public safety and governmental agency within the
Riverside UASI Region that is contemplated in Grants; and
WHEREAS, the BORROWER has expressed a need to utilize equipment that was
purchased by LENDER using UASI Grant Funds; and
WHEREAS, LENDER and BORROWER desire to contract for shared use of the
equipment and desire to set forth their rights, duties, and liabilities in connection with their
performance.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. LOAN OF THE EQUIPMENT.
1.1 BORROWER understands and agrees that it shall be deemed a Participating
Agency under the terms and conditions of the regional Training and Equipment
Memorandum of Understanding, dated _________________, 20____ between the
City of Riverside, Office of Emergency Management and BORROWER regarding
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Urban Area Security Initiative (UASI) Grant Funding (“MOU”), attached hereto as
Exhibit A and incorporated herein by this reference. All terms of the MOU shall
apply to BORROWER during the loan and use of the Equipment.
1.2 LENDER agrees to loan the BORROWER the following equipment listed in
Exhibit B, attached and incorporated herein by this reference (“Equipment”), when
the Equipment is reasonably available and not currently being used by the
LENDER or another UASI member or Participating Agency.
2. TERM.
The AGREEMENT’S initial term (“TERM”) shall commence on the date that all parties fully
execute the AGREEMENT (“EFFECTIVE DATE”) and shall continue for one (1) year or until
the expiration of the MOU referenced above, or the agreement is terminated by either PARTY in
accordance with Section 28 or any other provision of this AGREEMENT.
3. REQUESTS TO USE AND RETURN OF EQUIPMENT.
3.1 BORROWER agrees to provide the LENDER with as much reasonable advance
notice as possible when it intends to request use of the Equipment.
3.2 BORROWER acknowledges that LENDER may deny BORROWER’s request to
utilize the Equipment if the LENDER has a prescheduled event or operation for
which the LENDER plans to utilize the Equipment, or the Equipment is already on
loan to another UASI member or Participating Agency.
3.3 When not being utilized for public safety activities of the BORROWER, the
BORROWER shall immediately return the Equipment to the LENDER at the
location where the Equipment was delivered to the BORROWER. Upon mutual
agreement by the PARTIES, BORROWER may return the Equipment to a location
that is different from the location where the Equipment was delivered to the
BORROWER.
3.4 The BORROWER agrees that it will, upon return of the Equipment to the LENDER
during the term and normal course and scope of this AGREEMENT and/or final
termination of this AGREEMENT, return the Equipment in as good condition and
repair as the Equipment existed on the last date the BORROWER accepted receipt
of the Equipment; reasonable wear and tear excepted.
3.5 BORROWER acknowledges that LENDER may enter into agreements with other
BORROWERS according to the terms of the MOU for Equipment Loan
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Agreements that may result in the Equipment being unavailable to the
BORROWER at the BORROWER’s requested time.
4. RESTRICTED USES.
BORROWER shall use the Equipment during the TERM exclusively for the operation of public
safety activities in compliance with the MOU and all federal, state, and local laws. BORROWER
understands and agrees that the Equipment shall not be utilized for any operation or activity that
is not contemplated in the MOU or that is not directly related to the public safety duties and
responsibilities of the BORROWER.
5. TRAINING AND SUITABILITY OF USE.
5.1 Prior to receipt of the Equipment by the BORROWER, the LENDER shall provide
BORROWER’s designated personnel with general training regarding proper and
safe use of the Equipment. BORROWER represents and agrees that no personnel
employed or under the supervision of the BORROWER shall be permitted to
operate or utilize the Equipment until they have received appropriate and necessary
training in the use of said Equipment.
5.2 LENDER has made no representation regarding the suitability of the Equipment
for any particular purpose, including BORROWER’s intended use of the
Equipment, and the BORROWER has not relied upon any representation of the
LENDER with regards to the suitability of the Equipment for any particular
purpose, including BORROWER’s intended use of the Equipment. BORROWER
understands that BORROWER’s intended use of the Equipment may necessitate
additional training to ensure compliance with statutes, regulations, ordinances, and
other laws regarding the operation of the Equipment. Any such additional training
or shall be obtained by the BORROWER at the BORROWER’s sole expense.
6. INSPECTION – NOTICE OF INCIDENT.
6.1 BORROWER shall, at its sole expense, perform such inspections as are necessary
to ensure that the Equipment is in good repair and safe condition as of the time the
equipment is delivered to BORROWER.
6.2 BORROWER shall, at its sole expense, perform such inspection as is necessary to
ensure that the Equipment is in good repair and safe condition as of the time the
Equipment is returned to the LENDER. Before returning the Equipment to
LENDER, the BORROWER shall notify LENDER in writing of any incident
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resulting in injury to any person(s) and/or damage to any part/piece of the
Equipment.
7. ALTERATIONS.
BORROWER shall not modify or alter the Equipment without the prior written consent of
LENDER. In the event that modifications or alterations are made to the Equipment in accordance
with this AGREEMENT, upon termination of this AGREEMENT, BORROWER shall remove
said modifications and alterations at its own expense and leave the Equipment in the same
condition it was at the time such modifications and alternations were made, unless the PARTIES
mutually agree to maintain the modifications and alternations to the Equipment.
8. OPERATING COST – FUEL REIMBURSEMENT.
8.1 BORROWER shall be responsible for returning the Equipment to the LENDER
with a substantially similar amount of fuel as was provided when the BORROWER
received the Equipment from the LENDER. For purposes of this agreement,
substantially similar shall be determined by comparing the use log fuel indication
on the date of delivery to the BORROWER with the actual amount of fuel present
in the Equipment on the date it is returned to the LENDER.
8.2 In the event that any circumstance or situation prevents the BORROWER from
refueling the Equipment prior to returning the Equipment to the LENDER,
BORROWER agrees to pay to the LENDER the dollar amount/cost deemed
necessary by the LENDER to re-fuel the Equipment to the substantially similar
amount present in the Equipment at the time the BORROWER received the
Equipment. Invoices for payment of fuel costs shall be paid to the LENDER within
thirty (30) days of mailing by the LENDER to the BORROWER.
8.3 The LENDER shall not be responsible to reimburse BORROWER for any fuel
remaining in the Equipment that may be in excess of the amount indicated in the
use log on the date of delivery to the BORROWER.
9. INDEMNIFICATION / HOLD HARMLESS.
BORROWER agrees to and shall indemnify and hold the LENDER, its elected officials,
employees, agents, or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or omission of BORROWER, its employees,
agents, or subcontractors, arising, relating to, or in any way connected with the use of the
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Equipment and performance under this AGREEMENT, unless the bodily injury or property
damage was actually caused by the sole negligence of the LENDER, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, BORROWER agrees to
protect and defend at its own expense, including attorney’s fees, the LENDER, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. BORROWER hereby waives any and all rights to any types of express
or implied indemnity against the LENDER, its elected officials, employees, agents or
representatives, with respect to third party claims against the BORROWER relating to or in any
way connected with the use of the Equipment under this loan AGREEMENT.
10. INSURANCE – CERTIFICATES.
10.1 LENDER is a self-insured public entity for the purposes of professional liability,
general liability, and workers’ compensation.
10.2 BORROWER is a self-insured public entity at levels commensurate with
LENDER’s self-insurance program for the purposes of professional liability,
general liability, and workers’ compensation. Prior to receipt of the Equipment,
BORROWER shall provide to the LENDER a copy of BORROWER’s certificate
of self-insurance. In the event BORROWER has separate insurance policies for
professional liability, general liability, and workers’ compensation at levels
commensurate with LENDER’s self-insurance program, BORROWER shall
provide a copy of those insurance certificates to the LENDER prior to receipt of
the Equipment. No Equipment shall be lent until such proof of insurance is
provided.
11. DAMAGE, DESTRUCTION, THEFT OF EQUIPMENT.
11.1 During the term(s) of this AGREEMENT, if any casualty, other than resulting from
LENDER’s use of the Equipment, renders a portion of the Equipment unusable for
the purpose intended, then BORROWER shall, at BORROWER’s sole expense,
restore the Equipment and repair any damages caused by such casualty as soon as
reasonably possible and this AGREEMENT shall continue in full force and effect.
11.2 BORROWER agrees to repair or replace any/all Equipment if lost, stolen, or
damaged beyond repair while in the possession of BORROWER. BORROWER
also understands and agrees that the lost, stolen, or damaged Equipment shall be
replaced with that of like kind or capability, as determined by the PARTIES, and at
the BORROWER’s sole expense.
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12. BORROWER’S DEFAULT.
The occurrence of the following event(s) shall constitute a default and breach of this
AGREEMENT by BORROWER:
12.1 The failure of BORROWER to perform any material provisions of this
AGREEMENT to be performed by BORROWER, including but not limited to the
repair or replacement of lost, stolen, or damaged Equipment in the possession of
the BORROWER, upon written notice by LENDER to BORROWER.
13. LENDER’S REMEDIES ON BORROWER’S DEFAULT.
The remedies contained herein are in addition to, and not in lieu of, any other remedies available
to LENDER under relevant state or federal law.
13.1 In the event of any default by BORROWER, which is not cured by BORROWER,
LENDER may, at its election, pursue any and all methods/process(es) available by
law to enforce the terms of this AGREEMENT.
13.2 On termination of this AGREEMENT for default pursuant to this section, LENDER
shall have the right to recover from BORROWER all amounts for any and all
damages, which may be the direct or indirect result of such default, including, but
not limited to:
13.2.1 Any amount necessary to compensate the LENDER for all detriment
proximately caused by BORROWER’s default which LENDER proves
could not have been reasonably avoided.
14. NOTICES.
Any notices, documents, correspondence, or other communication concerning this AGREEMENT
or the services provided hereunder may be provided by personal delivery or U.S. Mail. If
personally delivered the notice shall be deemed delivered at the time of the personal delivery. If
sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the
U.S. Mail as reflected by the official U.S. postmark.
TO THE LENDER:
City of Riverside
3900 Main St.
Riverside, CA 92501
TO THE BORROWER:
_____________________________
_____________________________
_____________________________
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Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
15. ASSIGNMENT.
BORROWER shall not voluntarily or by operation of law assign, transfer or encumber all or any
part of the BORROWER’s interest in this AGREEMENT without LENDER’s prior written
consent. Any attempted assignment, transfer or encumbrance shall be void and shall constitute a
breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless of
LENDER’s consent, no subletting or assignment shall release BORROWER of BORROWER’s
obligation to perform all other obligations to be performed by BORROWER hereunder for the
term of this AGREEMENT.
16. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understandings relating to the subject matter
of this AGREEMENT.
17. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any of
its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to
require such performance or compliance. No waiver of any provision of this AGREEMENT shall
be effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future occurrences
or events and shall not be deemed a continuing waiver.
18. AMENDMENT.
No amendment(s) to this AGREEMENT shall be effective unless it is in writing and signed by
both PARTIES.
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19. SUCCESSORS AND ASSIGNS.
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs, representatives, successors, and assigns.
20. SEVERABILITY.
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this AGREEMENT shall remain in full force
and effect.
21. TIME OF ESSENCE.
Time is of the essence of each provision of this AGREEMENT which specifies a time within which
performance is to occur. In the absence of any specific time for performance, performance may be
made within a reasonable time.
22. PROVISIONS ARE COVENANTS AND CONDITIONS.
All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed
both covenants and conditions.
23. CONSENT.
Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably
withhold, condition, or delay such consent or approval, unless the provision providing for such
consent or approval specifically provides such consent or approval may be given in the PARTY’s
discretion.
24. EXHIBITS.
All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
25. CHOICE OF LAW.
This AGREEMENT shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
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26. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California
for the County of Riverside or the United States District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
and not permissive in nature.
27. ATTORNEY’S FEES AND COSTS.
In the event that litigation is brought by any PARTY in connection with this AGREEMENT, each
party shall bear their own attorneys’ fees and costs.
28. RIGHT TO TERMINATE.
This AGREEMENT may be terminated at any time by thirty (30) days written notice by either
PARTY, or for material breach of this AGREEMENT.
29. HEADINGS.
The subject headings of the sections of this AGREEMENT are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its provisions.
30. SURVIVAL.
The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT.
31. PUBLIC RECORDS DISCLOSURE.
All information received by LENDER concerning this AGREEMENT, including the
AGREEMENT itself, may be treated as public information subject to disclosure under the
provisions of the California Public Records Act, Government Code § 7920.000 et seq. (the “Public
Records Act”). The PARTIES understand that although all materials received in connection with
this AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject
to disclosure under the provisions of the Public Records Act.
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32. CONDITION OF EQUIPMENT.
The LENDER shall take reasonable efforts to deliver the Equipment to BORROWER clean and
free of debris, but makes no warranty as to the condition of the Equipment at the time of delivery
or the Equipment’s suitability for a particular use. BORROWER agrees that it has not relied upon
any representation by LENDER as to the condition of the Equipment or the Equipment’s suitability
for a particular use when determining whether to enter into this AGREEMENT or utilize the
Equipment pursuant to the terms of this AGREEMENT.
33. MATERIAL REPRESENTATION.
If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially inaccurate
information has been provided to the PARTY, this AGREEMENT may be immediately
terminated. If this AGREEMENT is terminated according to this section, the terminating PARTY
is entitled to pursue any available legal remedies.
34. INTERPRETATIONS.
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In
the event an ambiguity or question of intent or interpretation arises with respect to this
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and
in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or
disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.
35. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the event
that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format
data file, such signature shall create a valid and binding obligation of the PARTY executing (or on
whose behalf such signature is execute) with the same force and effect as if such facsimile or “.pdf”
signature page were an original thereof.
36. CORPORATE AUTHORITY.
Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they are
duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing so,
the PARTIES hereto are formally bound to the provisions of this AGREEMENT.
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37. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached Exhibits
or Attachments, the terms set forth in this AGREEMENT shall prevail.
38. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT for
the period that such failure or delay is due to causes beyond its reasonable control, including but
not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any
other force majeure event.
39. COMPLIANCE WITH LAW.
BORROWER agrees to abide by all federal, state, and local laws, ordinances and regulations,
including, but not limited to, the acquisition of any necessary permits for alterations made to the
Equipment.
40. NON-DISCRIMINATION.
In the performance of this AGREEMENT, use of the Equipment, and in the hiring and recruitment
of employees, BORROWER shall not engage in, nor permit its officers, employees or agents to
engage in, discrimination in employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender
or sexual orientation, or any other status protected by law.
41. DIGITAL AND COUNTERPART SIGNATURES.
Each Party intends and agrees to the use of digital signatures that meet the requirements of the
California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California
Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to
execute this Agreement. The parties further agree that the digital signatures of the parties included
in this Agreement are intended to authenticate this writing and to have the same force and effect
as manual signatures for purposes of validity, enforceability, and admissibility. For purposes of
this section, a “digital signature” is defined in subdivision (d) of Section 16.5 of the Government
Code and is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the
Civil Code. This Agreement may be executed in any number of counterparts, each of which will
be an original, but all of which together will constitute one instrument. Each certified or
authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate
original, constituting one and the same instrument and shall be binding on the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on the day and year first above written.
LENDER:
CITY OF RIVERSIDE, a California and
municipal corporation
By: __________________________
City Manager
Attest: __________________________
City Clerk
Certified as to Availability of Funds:
By: ____________________________
Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________
Deputy City Attorney
BORROWER:
<INSERT NAME OF BORROWER>
By: ________________________
Title: _______________________
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EXHIBIT A
EXHIBIT A
[NAME OF MOU]
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EXHIBIT B
EXHIBIT B
[LIST OF EQUIPMENT]
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Material Transfer Form
Agencies that purchase or receive equipment with federal funding are required to maintain a Capital Asset/Equipment Inventory as per
Code of Federal Regulations 44:13.32 and comply with federal audit regulations as per OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations. This form must be completed for equipment with a purchase price of $5,000 or above. For
accountability purposes, this form and any attached equipment rosters are also used for material transfer of items with a purchase price
of less than $5,000.
The following equipment was purchased with federal funds under grant year ______ and the following grant fund:
(circle one) UASI SHSGP EMPG PSIC CARES ACT
The following equipment was purchased with general budget funds under fiscal year X and not grant funds.
Equipment is being: Transferred Loaned Disposed/Surplus Missing Donated
Transferring Entity Receiving Entity
Riverside UASI
Riverside Fire Department – OEM
3085 St Lawrence St Riverside, CA 92504
951-320-8103
Quantity Description of Item (include make and model) Serial No. Fair Market Value
Additional Sheets or Equipment Rosters Attached? __Yes __ No Description of attachments: ______________________________
Receiving Entity agrees to all terms and conditions in the UASI Equipment Loan agreement dated _____________________________,
which terms and conditions are incorporated herein by this reference.
____________________________________________________________________________________________________
Transferring Entity Representative Signature Printed Name Date
____________________________________________________________________________________________________
Receiving Entity Representative Signature Printed Name Date
Acknowledge Return of Equipment
____________________________________________________________________________________________________
Transferring Entity Representative Signature Printed Name Date
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CONSENT CALENDAR
March 4, 2026
Honorable Mayor and City Council Members
Lynn Merrill, Director of Public Works
Public Works
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 3 to the Professional Design Services Agreement
with RHA Landscape Architects – Planners Inc. for the Seccombe Lake Park
Revitalization Project (Project) in the amount of $377,790, increasing the
total not to exceed amount to $968,645, and extending the term through
December 31, 2027; and
2. Authorize the City Manager or designee to execute all documents with RHA
Landscape Architects – Planners Inc.
3. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
The City Manager recommends approval.
RHA Landscape Architects – Planners Inc. was originally contracted to establish
design plans for the complete renovation and restoration of Seccombe Lake Park. The
current scope of work utilizes the City’s ARPA allocation and is currently under
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construction.
Amending the Design Services Agreement for Seccombe Lake Park would allow the
City to proceed with additional design services necessary to fully utilize the $5,000,000
state appropriation from Assemblymember Ramos. The proposed design scope
includes pickleball courts, concrete art pads, additional accessibility improvements,
dog park enhancements, lake cleanup, and renovation of the northern parking lot.
These improvements would be in addition to what is currently under construction at
Seccombe Lake Park. The term extension through December 31, 2027, will allow time
to complete the design and allow RHA to remain available during construction of the
additional improvements.
Any items that cannot be constructed as part of the ongoing construction project will
be designed and constructed as a separate phase, allowing the current ARPA funded
phase to be completed by the end of 2026.
Background
On September 21, 2022, Mayor and City Council approved Design Services
Agreement award for Seccombe Lake Park Revitalization Project with RHA Landscape
Architects – Planners Inc. for $537,855. RHA’s scope includes designing and planning
comprehensive park improvements such as restroom replacements, lake
enhancements, ADA upgrades, irrigation updates, and new low-maintenance
landscaping to revitalize Seccombe Lake Park while improving safety, visibility, and
long-term sustainability. Their role also involves collaborating with City staff to evaluate
design options for planting, irrigation, and site furnishings to ensure the improvements
support beautification, durability, and future maintenance needs.
On July 19, 2023, the Mayor and City Council approved a concept plan that included
a variety of park improvements. The improvements included, but are not limited to,
playground equipment, lighting, ADA accessibility, exercise stations, gazebo
renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new
restrooms.
On March 20, 2024, the Mayor and City Council approved Amendment No. 1 to the
Design Services Agreement with RHA to provide additional services and increase the
total compensation by $53,000. The additional services were necessary for RHA to
complete electrical design work after significant damage to the park’s electrical system
was discovered during a site visit. These were damages that occurred after the original
agreement was awarded and these services were required to restore proper electrical
function and allow continued park operations.
On December 3, 2025, the Mayor and City Council approved Amendment No. 2 to the
Design Services Agreement with RHA to extend the term of the agreement through
June 30, 2027.
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Discussion
In early 2024, the California Natural Resources Agency (CNRA) notified the City of San
Bernardino of a $5,000,000 state funding award to replace parkland at Seccombe Lake
Park. After the original project stalled, City staff coordinated with Assemblymember
Ramos’ office and CNRA to obtain approval to repurpose the funding.
The $5,000,000 will now be used for additional for Seccombe Lake Park
improvements. The proposed additional improvements are listed below. The additional
improvements are subject to change based on feasibility and construction costs.
Pickleball Courts
Concreate Art Pads
Additional Accessibility
Improvements
Dog Park Enhancements
Lake Cleanup
Renovation of Northern
Parking Lot
The first phase of the Project is currently under construction and will revitalize
Seccombe Lake Park with new amenities and restore existing infrastructure. RHA
Landscape Architects – Planners Inc. (RHA) prepared construction documents for this
project and is currently providing construction support services. The first phase is
funded with ARPA allocations, which must be expended by December 31, 2026. The
current phase of the project is anticipated to be completed by June 2026.
The ARPA funding allocated for the Seccombe Lake Park Project totals $13,792,332
million, $1 million of this is from the San Manuel Band of Mission Indians grant. From
this amount, funds have been committed to several key components of the project,
including $10,539,509.65 million to Landscape Support Services for construction,
$700,305 for CSG Consultants for construction management and inspection services,
and $590,855 for RHA Landscape Architects. An additional $1,070,000.00 million is
reserved for project contingencies to address unforeseen needs during construction.
$22,721.60 is allocated to administrative cost.
Approximately $42,600 remains in the San Manuel grant balance which is anticipated
to be used for the future interpretive signage. The following table demonstrates
expenditures from this grant as of November 2025:
Phase 1 Budget Summary
San Manuel Grant $1,000,000
ARPA Allocation $12,792,332
Dave Bang Associates (585,444.22)
Coast Recreation ($221,141.19)
RHA Landscape ($590,885)
CSG Consultants ($700,305)
Landscape Support Services ($10,539,509.65)
Project Contingency ($1,070,000.00)
Administrative Cost ($22,721.60)
Remaining Budget $62,325.34
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Amendment No. 3 would allow RHA to complete the design documents necessary to
construct the additional improvements to effectively utilize the $5,000,000 state
allocation. The cost of the additional design work is $342,790. An additional $35,000
is also recommended to increase the available design contingency budget. This would
increase the not-to-exceed amount by $377,790 for a new total of $968,645, which
includes both Phase 1 and Phase 2 design services.
Phase 2 Budget Summary
State Funding Allocation $5,000,000
RHA Landscape ($377,790)
Remaining Budget $4,622,210
The amendment also extends the term through December 31, 2027, allowing RHA to
prepare the next set of construction drawings, and remain under contractor through
construction. Any items that cannot be constructed as part of the current phase of work
will be completed as a second phase. This will allow the current ARPA funded phase
to be completed prior to December 31, 2026, deadline.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic
Growth & Development. The additional amenities to Seccombe Lake Park will improve
community participation for recreational activities and provide a safe and well-
maintained community park.
Fiscal Impact
There is no General Fund impact associated with this item. The repurposed CNRA
$5,000,000 funding will be used to complete the design and construction of the
additional park improvements.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 3 to the Professional Design Services Agreement
with RHA Landscape Architects – Planners Inc. for the Seccombe Lake Park
Revitalization Project (Project) in the amount of $377,790, increasing the
total not to exceed amount to $968,645, and extending the term through
December 31, 2027; and
2. Authorize the City Manager or designee to execute all documents with RHA
Landscape Architects – Planners Inc.
3. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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Attachments
Attachment 1 Amendment No 3. to the Design Services Agreement with RHA
Landscape Architects – Planners Inc.
Attachment 2 Amendment No 2. to the Design Services Agreement with RHA
Landscape Architects – Planners Inc.
Attachment 3 Amendment No 1. to the Design Services Agreement with RHA
Landscape Architects – Planners Inc.
Attachment 4 Agreement with RHA Landscape Architects - Planners Inc.
Attachment 5 Location Map
Ward:
First Ward
Synopsis of Previous Council Actions:
September 21, 2022 Approved design services agreement award for Seccombe
Lake Park Revitalization Project.
July 19, 2023 Approved the Concept Plan for the Seccombe Lake Park
Revitalization Project.
March 20, 2024 Amendment No. 1 to Agreement with RHA Landscape Architects
– Planners Inc. for Seccombe Lake Park Revitalization Design
Services (Ward 1)
December 4, 2025 Amendment No. 2 RHA Landscape Architects – Planners Inc.
for Seccombe Lake Park Revitalization Design Services (Ward
1)
CC: Eric Levitt, City Manager
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AMENDMENT NO. 3 TO
THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE
SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 3 to the Design Services Agreement is made and entered into
as of March 4, 2026 ("Effective Date"), by and between the City of San Bernardino,
a charter city and municipal corporation ("City") and RHA Landscape Architects -
Planners, Inc., a California corporation ("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, September 21, 2022, for the purpose of design services for the
Seccombe Lake Park Revitalization Project (the "Original Agreement").
B. WHEREAS, on March 20, 2024, the Parties executed Amendment No. 1 to
the Original Agreement in order to increase the compensation amount by Fifty-Three
Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from
Five Hundred Thirty-Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five
Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).
C. WHEREAS, on December 3, 2025, the Parties executed Amendment No. 2
to the Original Agreement to extend the term through June 30, 2027,
D. WHEREAS, the Parties now desire to amend the Original Agreement in
order to include additional services, extend the term or the Original Agreement, and
to provide compensation for the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 3 and the
Original Agreement, as previously amended, 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. Services. The Services, as that term is defined in the Original Agreement,
are hereby amended to include additional services related to the Seccombe Lake Park
Revitalization Project. The additional services are more fully described in Exhibit “A -
1”, attached hereto to this Amendment No. 3 and incorporated herein by this
reference.
3. Term. The term of the Original Agreement, as previously amended, is
hereby extended through December 31, 2027, unless earlier terminated in
accordance with the Agreement.
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4. Compensation. The total not to exceed compensation amount shall be
increased by Three Hundred Seventy-Seven Thousand Seven Hundred Ninety Dollars
and Zero Cents ($377,790.00), increasing the total not to exceed compensation amount
from Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars and Zero Cents
($590,885.00) to Nine Hundred Sixty-Eight Thousand Six Hundred Forty-Five Dollars and
Zero Cents ($968,645.00).
5. Full Force. Except as amended by this Amendment No. 3, all provisions
of the Original Agreement, as previously amended, including without limitation the
indemnity and insurance provisions, shall remain in full force and effect and shall
govern the actions of the Parties under this Amendment No. 3.
6. Electronic Transmission. A manually signed copy of this Amendment No.
3, 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. 3 for all purposes. This Amendment No. 3 may be signed
using an electronic signature.
7. Counterparts. This Amendment No. 3 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 3 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
3 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS - PLANNERS, INC.
Eric Levitt,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger
LLP City Attorney
Title
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Exhibit A-1
Additional Services
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
Doug Grove
President
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B
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AMENDMENT NO. 1 TO
THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE
SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 1 to the Design Services Agreement is made and
entered into as of March 20, 2024 ("Effective Date"), by and between the City
of San Bernardino, a charter city and municipal corporation ("City") and
RHA Landscape Architects - Planners, Inc., a California corporation
("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, September 21, 20 22, for the purpose of design services for
the Seccombe Lake Park Revitalization P roject (the "Original Agreement").
B. WHEREAS, the Parties now desire to amend the Original
Agreement in to include additional services and to provide compensation for
the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and
the Original Agreement, as previously a mended, the P arties mutually agree a s
follows:
AGREEMENT
1.Incorporation of Recitals. The recitals listed above are true and
correct and are hereby incorporated herein by this reference.
2.Services. The Scope of Services for the Original Agreement is
hereby amended to include additional services as more particularly described
in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated
herein by this reference.
3.Compensation. The total not to exceed compensation amount
shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the
total not to exceed compensation amount from Five Hundred Thirty-Seven
Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety
Thousand Eight Hundred Fifty-Five Dollars ($590,855).
4.Full Force. Except as amended by this Amendment No. 1, all
provisions of the Original Agreement, as previously amended, including
without limitation the indemnity and insurance provisions, shall remain in full
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81
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-2-
force and effect and shall govern the actions of the Parties under this
Amendment No. 4.
5. Electronic Transmission. A manually signed copy of this
Amendment No. 4 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]
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81
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SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1
on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS PLANNERS, INC.
Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81
Doug Grove
President
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EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED}
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DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81
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Attach men t 3
Sec c ombe Lake Park
600 ft
N
➤➤
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DISCUSSION
March 4, 2026
Honorable Mayor and City Council Members
Eric Levitt, City Manager
City Manager's Office
st Street
(Ward 2)
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to proceed with lease renewal negotiations with
the YMCA of the East Valley for the property located at 808 E. 21st Street.
Based on the current lease, the City Manager is signing the 5 year extension allowed
in the current lease. The City Manager additionally requests City Council authorization
to negotiate a long-term lease extension based on the opportunity for the YMCA to
receive outside funding for significant improvements to the facility if they have a long-
term lease. This is a unique lease for the City due to the YMCA having a land lease
with the City, and the YMCA owning the building on the land.
The YMCA of the East Valley currently leases the property located at 808 E. 21st Street
and has recently notified the City of its desire to enter into a new long-term lease for
the property. The City’s newly adopted Leasing Policy requires Council authorization
for City staff to proceed with renewal negotiations. As part of this process, a Conceptual
Renewal Proposal is being submitted to the Mayor and City Council in the form of this
staff report. The proposal summarizes the existing lease with the YMCA of the East
Valley, identifies any anticipated changes to the material terms of the agreement,
describes the public benefit to the City, and discloses any known community, political,
or public-interest considerations associated with the lease. If authorized to proceed,
City staff will negotiate a lease renewal consistent with Council direction and return to
the City Council for approval of the final lease agreement.
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Background
On May 13, 1960, the City partnered with the Young Men’s Christian Association
(YMCA) of San Bernardino to provide a variety of recreational, cultural, and educational
programs to San Bernardino residents at the facility located at 808 E 21st Street, San
Bernardino, CA 92404. The partnership took the form of a fifty (50)-year lease, with
the YMCA of San Bernardino paying a lease rate of $1.00 per year. In return, the
YMCA of San Bernardino has been responsible for operating and maintaining the
facility at their sole expense.
Since the 1960 lease, the City has renewed its lease with the YMCA of San Bernardino
several times, including the following:
On June 20, 2005, the existing lease agreement was terminated prior to its
expiration date, and a new five (5)-year lease agreement was approved by the
Mayor and City Council. This was done to reflect the new legal corporate name
of the organization, which became YMCA of the East Valley (herein referred to
as “YMCA”) after the YMCA of San Bernardino merged with the Redlands
Family YMCA. The new lease became effective on January 1, 2006, and was
set to expire on December 31, 2010.
On December 20, 2010, the Mayor and City Council extended the lease by sixty
(60) days, extending the termination date to March 1, 2011.
On February 7, 2011, a five (5)-year extension was approved by the Mayor and
City Council, establishing a new lease term of March 1, 2011, through March 1,
2016.
On March 21, 2016, the Mayor and City Council approved a new ten (10)-year
lease agreement with a termination date of March 1, 2026. As part of the terms
of the lease, an extension option was provided to the YMCA under Section 5 of
the agreement as follows:
CITY gives to LESSEE the option to extend the term of the LEASE
for an additional five (5) years on the same provisions and conditions,
including rent, following expiration of the INITIAL TERM by LESSEE
giving notice of its intention to exercise the option to CITY prior to the
expiration of the preceding term or during any holding over pursuant
to SECTION 7, HOLDING OVER.
In December 2025, the YMCA notified the City of its intention to exercise its five (5)-
year extension option in accordance with Section 5 of the current lease agreement.
The extension option was executed by the City Manager in February 2026, and
the current lease now expires on March 1, 2031. Additionally, the YMCA notified the
City of its desire to negotiate and establish a new long-term lease agreement with the
City, with a term commencing at the end of the current five (5)-year extension period.
On March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-017,
approving a standardized policy for city-owned leases. The purpose of this policy is to
establish uniform procedures governing the approval of new leases and lease renewals
Packet Page. 447
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of City-owned real property. Additionally, the policy ensures that the City Council
makes an affirmative policy determination, prior to negotiations, as to whether an
existing lease should be renewed or whether the City should pursue competitive
alternatives.
Discussion
The YMCA recently notified the City of its desire to enter into a new long-term lease
agreement for the property located at 808 E. 21st Street. As required by the newly
adopted City of San Bernardino Leasing Policy, a Conceptual Renewal Proposal is
being submitted to the Mayor and City Council for consideration prior to any
negotiations with the existing lessee. The Conceptual Renewal Proposal is provided
below and summarizes the existing lease, identifies any anticipated changes in
material terms of the agreement, describes the public benefit to the City, and discloses
any known community, political, or public-interest considerations associated with the
lease. Following the presentation of the Conceptual Renewal Proposal, the City
Council shall, by motion, determine whether:
(a) The City should proceed with renewal negotiations with the existing lessee; or
(b) The City should decline the renewal and direct staff to initiate a Request for
Proposals for the property.
If the City Council authorizes renewal negotiations with the YMCA, City staff will
negotiate a renewal that is consistent with Council direction. City staff will then return
to Council with final lease documents for approval prior to execution.
Current Lease Summary
The City’s current lease with the YMCA is for a portion of Perris Hill Park located at
808 E. 21st Street, San Bernardino, CA 92404 (parcels 0147-031-16 and 0147-031-
12). This is a ground lease in which the City owns the land and the YMCA owns
and maintains the building located on the property. The lease has a total term
length of fifteen (15) years, which includes an initial ten (10)-year term and a five (5)-
year extension option. The property is leased at a rate of $1.00 annually, where the
YMCA is responsible for the following at its sole expense:
All maintenance, repairs, and groundskeeping.
All utilities and related costs.
Obtaining and maintaining all required insurance coverages.
Adhering to all ADA, health, safety, fire, and building code requirements.
Additionally, the current lease allows the YMCA to modify the existing building
structures on the premises, as well as place modular units on the leased property to
serve as offices, classrooms, or similar uses. All alterations and additions are to be
made at the sole expense of the YMCA, and all permit acquisitions and utility line
installations are the sole responsibility of the YMCA.
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Anticipated Changes in Material Terms
There are no anticipated changes in material terms at this time. All previous lease
agreements with the YMCA for 808 E. 21st Street maintained similar provisions
regarding the lease rate and the roles and responsibilities of the lessee. The only term
that varied substantially among the agreements was the length of each lease, ranging
from a five (5)-year lease approved in 2005 to a fifty (50)-year lease approved in 1960.
The most recent lease agreement with the YMCA was a ten (10)-year lease with a five
(5)-year extension option for a total potential lease term of fifteen (15) years.
Public Benefit to the City
Since the establishment of the initial 1960 lease, the YMCA has provided the residents
of San Bernardino with recreational, cultural, and educational programming. In the
past year, the YMCA has delivered the equivalent of $15 million in community benefit
programs and services to the East Valley region, serving 8,000 children in afterschool
programs and providing 8,827 members with scholarships. The YMCA seeks to
enhance its existing services by making additional building improvements to better
engage and connect with the children they serve each day.
Community, Political, and/or Public-Interest Disclosures
The YMCA has not made any campaign contributions to any elected official of the City
of San Bernardino based on a review of all applicable Fair Political Practices
Commission (FPPC) forms. This review includes the YMCA of the East Valley’s
President and CEO, Brandi Collato; Board Chair, Tyler Miner; and all Board Members.
Strategic Targets and Goals
Authorizing lease renewal negotiations with the YMCA aligns with Key Strategic Target
and Goal No. 3: Improved Quality of Life. Renewing a long-term lease with the YMCA
will allow the organization to continue to provide community benefit programs and
services to the residents of San Bernardino.
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, authorize the City manager to proceed with lease renewal negotiations with
the YMCA of the East Valley for the property located at 808 E. 21st Street.
Attachments
Attachment 1 – Resolution No. 2016-048
Attachment 2 – Lease Agreement with YMCA of the East Valley
Attachment 3 – City of San Bernardino Leasing Policy
Ward:
Second Ward
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Synopsis of Previous Council Actions:
May 13, 1960 The Mayor and City Council adopted Resolution No. 5593
authorizing the execution of a fifty (50)-year lease with the
Young Men’s Christian Association (YMCA) of San
Bernardino for a portion of Perris Hill Park.
January 16, 1961 The Mayor and City Council adopted Resolution No. 5813
authorizing the execution of a first amendment to the lease
with the Young Men’s Christian Association (YMCA) of San
Bernardino.
February 28, 1966 The Mayor and City Council adopted Resolution No. 8054
authorizing the execution of a second amendment to the lease
with the Young Men’s Christian Association (YMCA) of San
Bernardino.
June 20, 2005 The Mayor and City Council adopted Resolution No. 2005-
222 authorizing the execution of a five (5)-year lease with
YMCA of the East Valley for a portion of Perris Hill Park.
December 20, 2010 The Mayor and City Council adopted Resolution No. 2010-
396 authorizing the first amendment to the lease agreement
with the YMCA of the East Valley extending the term of the
lease by sixty (60) days.
February 7, 2011 The Mayor and City Council adopted Resolution No. 2011-24
authorizing the execution of a second amendment to the lease
agreement with the YMCA of the East Valley to extend the
term of the lease for one additional five-year term.
March 21, 2016 The Mayor and City Council adopted Resolution No. 2016-
048 authorizing the execution of a ten (10)-year lease and five
(5)-year extension option with YMCA of the East Valley for a
portion of Perris Hill Park.
March 18, 2026 The Mayor and City Council adopted Resolution No. 2026-
017 approving a standardized policy for city-owned leases.
CC: Eric Levitt, City Manager
Packet Page. 450
1
RESOLUTION NO. 2016-48
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
4 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6
SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
8
9
directed to execute the lease agreement with the YMCA attached hereto as Exhibit "A" and
lo incorporated herein by this reference as though set forth at length.
11 SECTION 2. This authorization shall expire and be null and void if the lease agreement
12
is not executed by all parties within sixty (60) days.
13
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Packet Page. 451
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
2 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6
21"day of March, 2016, by the following vote, to wit:
7
8
Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x-
10 BARRIOS X
11
VALDIVIA X
12
SHORETT X
13
14 NICKEL X
15 RICHARD X
16
MULVIHILL X
17
18 Georgea Hanna, CMC, City Clerk
19
of MarchTheforegoingResolutionisherebyapprovedthisday 16.
20
21
22 R. Carey D94s, Mayor
City of San Bernardino
23 Approved as to form:
Gary D. Saenz, City Attorney
24
25 By:
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Packet Page. 452
2016-48
LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA OF THE EAST VALLEY
CITY: CITY OF SAN BERNARDINO
300 North"D" Street
San Bernardino, CA 92418
LESSEE: YMCA OF THE EAST VALLEY
500 E. Citrus Ave.
Redlands CA 92373
ADDRESS:San Bernardino Family YMCA
808 E. 21s' St.
San Bernardino CA 92404
TERM OF LEASE: 10 years with 5 year option to extend
COMMENCEMENT:March 1, 2016
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 1 of 16
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2016-48
1. PARTIES.
This Lease AGREEMENT (the "AGREEMENT") is entered into this21st day of March ,
2016, BY AND BETWEEN
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
CITY");
AND,
YMCA OF THE EAST VALLEY, a California nonprofit public benefit corporation, (the
LESSEE") (individually CITY or LESSEE may be referred to as a "PARTY" and
collectively CITY and LESSEE may be referred to as the "PARTIES")
WHO AGREE AS FOLLOWS:
2. PREMISES LEASED.
CITY owns certain real property with Assessor's Parcel Numbers 0147-031-16 and 0147-031-12
located at 808 East 21s' Street in the City of San Bernardino, County of San Bernardino, State of
California ("FACILITY"). CITY leases to LESSEE and LESSEE leases from CITY a portion of
the FACILITY as depicted on the map attached as Exhibit"A" ("PREMISES").
3. TERM.
The AGREEMENT's initial term ("INITIAL TERM") shall commence on
March 1, 2016 ("COMMENCEMENT DATE") and end on March 1, 2026
ENDING DATE").
4. RENT.
4.1 LESSEE shall pay to CITY the following rental payments in advance on the first
day of March of each year, commencing on COMMENCEMENT DATE, and
continuing yearly through the INITIAL TERM:
Annual Payment of$1.00.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 2 of 16
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2016-48
4.2 Rent for any year shall be paid in full. CITY shall accept all rent and other
payments from LESSEE under this AGREEMENT via electronic funds transfer
directly deposited into the CITY's designated checking or other bank account.
CITY shall provide to LESSEE all directions, information, and forms necessary to
process EFT payments.
5. OPTION TO EXTEND TERM.
CITY gives to LESSEE the option to extend the term of the LEASE for an additional five (5)
years on the same provisions and conditions, including rent, following expiration of the INITIAL
TERM, by LESSEE giving notice of its intention to exercise the option to CITY prior to the
expiration of the preceding term or during any holding over pursuant to SECTION 7, HOLDING
OVER.
6. RETURN OF PREMISES.
The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES
in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable
wear and tear excepted.
7. HOLDING OVER.
In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of
CITY, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms
and conditions, including rent, as existed and prevailed at the time of the expiration of the term
of this AGREEMENT.
8. TAXES.
CITY shall pay all real property taxes, and general and special assessments levied and assessed
against the PREMISES.
9. USE.
LESSEE shall occupy and use the PREMISES during the term hereof exclusively for
recreational, cultural, and educational activities of the YMCA of the East Valley/San Bernardino.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 3 of 16
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2016-48
10. HEALTH, SAFETY,AND FIRE CODE REQUIREMENTS.
LESSEE shall, at its sole expense, ensure that the PREMISES meets the applicable requirements
of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and
governmental buildings including any requirements for a notice of completion, certificate of
occupancy, or California Title 24 requirements and ensure that the PREMISES meets the
applicable requirements of the Americans with Disabilities Act("ADA").
11. SIGNS.
LESSEE will display from windows and/or marquee of the PREMISES only such sign or signs
as are not prohibited by law.
12. MAINTENANCE.
12.1 LESSEE shall, at its sole expense, perform such inspections, maintenance and
repairs are necessary to ensure that all portions of the PREMISES, including but
not limited to the following, are at all times in good repair and safe condition:
12.1.1 The structural parts of the building and other improvements that are a part
of the PREMISES, which structural parts include the foundations, bearing
and exterior walls (including glass and doors), subflooring, and roof; and,
12.1.2 The electrical, plumbing, and sewage systems, including, excepting those
portions of the systems owned or controlled by CITY lying outside the
PREMISES; and,
12.1.3 Window frames, gutters, and downspouts on the building and other
improvements that are a part of the PREMISES; and,
12.1.4 Heating, ventilation and air conditioning (HVAC) systems servicing the
PREMISES including changing heating and air-conditioning filters every
four(4) months; and,
12.1.5 The grounds, including all parking areas and outside lighting, grass, trees,
shrubbery and other flora; and,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 4 of 16
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2016-48
12.1.6 Janitorial services, including keep the interior of the PREMISES in a clean
and orderly condition, reasonable wear and tear excluded, and undertake
minor maintenance of the interior PREMISES such as unstoppage of
toilets and changing of light bulbs and servicing of the fire extinguishers
or any other fire suppression equipment attached to the facility.
12.2 LESSEE shall at regular intervals, but no less than monthly, conduct an inspection
of the PREMISES to determine if any maintenance or repair is necessary. If
LESSEE discovers a condition requiring maintenance or repair, LESSEE shall use
its best efforts to diligently commence the performance of its maintenance or
repair obligations within a reasonable time.
13. ALTERATIONS.
Upon thirty (30) days' notice to the CITY and with the CITY's consent, which shall be given in
writing at the sole discretion of CITY, LESSEE may place modular units to serve as office and
classroom space, or modify existing building structures on the PREMISES, but solely at expense
of LESSEE. Any and all permit acquisition and installation of utility lines are the sole
responsibility of the LESSEE. Upon termination of this AGREEMENT, LESSEE shall remove
said modules at its own expense and leave the PREMISES in the same condition it was at the
time such modules were placed there, unless the PARTIES mutually agree to maintain the
modules on the PREMISES.
14. FIXTURES.
LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and
fixtures, and make interior, non-structural improvements or alterations on the PREMISES. Such
shelving, fixtures, improvements, and alterations shall remain property of the LESSEE and may
be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable
time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed
at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case
LESSEE shall have no duty to restore the PREMISES.
15. UTILITIES.
LESSEE shall furnish to the PREMISES and LESSEE shall pay all service charges and related
taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities including
security, telephone, cable, and internet services.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 5 of 16
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2016-48
16. HOLD HARMLESS.
LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or
subcontractors, arising, relating to, or in any way connected with the performance under this
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole
negligence of the CITY, its elected officials, employees, agents or representatives. As part of the
foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including
attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and
all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby waives
any and all rights to any types of express or implied indemnity against the CITY, its elected
officials, employees, agents or representatives, with respect to third party claims against the
LESSEE relating to or in any way connected with the accomplishment of the work or
performance of services under this AGREEMENT.
17. INSURANCE.
17.1 CITY is a self-insured public entity for the purposes of professional liability,
general liability, and workers' compensation.
17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the
following insurance coverage:
17.2.1 Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than
One Million Dollars ($1,000,000.00), combined singles limits, per
occurrence and aggregate.
17.2.2 Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
17.2.3 Worker's compensation insurance as required by the State of California.
17.3 The comprehensive general liability insurance policy shall contain or be endorsed
to contain the following provisions:
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
Page 6 of 16
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2016-48
17.3.1 Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content
approved by CITY, prior to performing any services under this AGREEMENT.
17.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained within this AGREEMENT, or the extent to
which LESSEE may be held responsible for payments of damages to persons or
property.
18. DESTRUCTION OF PREMISES.
18.1 During the term(s) of this AGREEMENT, if any casualty renders a portion of the
PREMISES unusable for the purpose intended, then LESSEE shall, at LESSEE's
sole expense, restore the PREMISES and repair any damages caused by such
casualty as soon as reasonable possible and this AGREEMENT shall continue in
full force and effect unless such casualty was caused by Flood or Earthquake.
18.2 In the event there is a destruction of a portion of the PREMISES as set out in
Subsection 18.1 above, there shall be an abatement or reduction in the rent
between the date of the destruction and the date of completion of the restoration
or the date of the termination of the AGREEMENT, whichever comes first.
18.3 In the event the LESSEE is required to restore PREMISES as provided in
Subsection 18.1 above, LESSEE shall not be required to restore any structure or
exterior improvements or alterations made to the PREMISES by LESSEE
pursuant to Section 13, Alterations above or any shelving, fixtures, or interior
nonstructural improvements or alterations made by LESSEE pursuant to Section
14, Fixtures above.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
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2016-48
18.4 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive, to
determine what PARTY shall bear the initial responsibility for restoration of the
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration.
19. DEFAULT.
Except where another time limit is specifically provided, either PARTY shall be in default of this
AGREEMENT if the PARTY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days
following the PARTY's receipt of written notice of default from the other PARTY. If the default
cannot be reasonably cured within thirty (30) days, the PARTY shall not be in default of this
AGREEMENT if the PARTY commences to cure the default within the thirty (30) day period
and diligently and in good faith continues to cure the default.
20. REMEDIES ON DEFAULT.
Either PARTY, at any time after the other PARTY is in default, can terminate this
AGREEMENT immediately upon written notice to the other PARTY.
21. LESSEE'S DEFAULT.
In addition to Section 19 above, the occurrence of any one or more of the following events shall
constitute an immediate default and breach of this AGREEMENT by LESSEE:
21.1 The vacating or abandonment of the PREMISES by LESSEE.
21.2 The failure of LESSEE to pay of rent.
21.3 It is not the purpose of this section to extend the notice requirements of the
unlawful detainer statutes in California.
22. CITY'S REMEDIES ON LESSEE'S DEFAULT.
It is not the purpose of this section to extend the notice requirements of the unlawful detainer
statutes in California. The remedies contained herein are in addition to, and not in lieu of, any
other remedies available to CITY under relevant state law. In the event of any default by
LESSEE, which is not cured by LESSEE, CITY may, at its election, terminate this
AGREEMENT immediately.
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
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2016-48
23. CITY'S ACCESS TO PREMISES.
CITY and its authorized representatives shall have the right to enter the PREMISES at all
reasonable times for any of the following conditions:
23.1 To determine whether the PREMISES are in good condition; and,
23.2 To do any necessary maintenance and to make any restoration to the PREMISES
that CITY has the right or obligation to perform; and,
23.3 To serve, post, or keep posted any notices required by law; and,
23.4 To post "for sale" signs at any time turning the term, to post "for rent" or "for
lease" signs during the last three (3) months of the term; and,
23.5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange, at any time during the term; and,
23.6 For any other lawful purpose.
CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
24. NOTICES.
Any notices, documents, correspondence, or other communication concerning this
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S.
Mail. If personally delivered the notice shall be deemed delivered at the time of the personal
delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after
deposit in the U.S. Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE LESSEE:
City of San Bernardino YMCA OF THE EAST VALLEY
Office of the City Manager
300 N. "D" Street 500 E. Citrus Ave.
San Bernardino, CA 92418 Redlands, CA 92373
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN
BERNARDINO FACILITY
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Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
25. ASSIGNMENT.
LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
any part of the LESSEE's interest in this AGREEMENT without CITY's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless
of CITY's consent, no subletting or assignment shall release LESSEE of LESSEE's obligation to
perform all other obligations to be performed by LESSEE hereunder for the term of this
AGREEMENT.
26. ENTIRE AGREEMENT.
This AGREEMENT constitutes the entire agreement and the understanding between the
PARTIES, and supersedes any prior agreements and understandings relating to the subject matter
of this AGREEMENT.
27. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this AGREEMENT shall in no way be deemed a waiver of those rights to
require such performance or compliance. No waiver of any provision of this AGREEMENT shall
be effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
28. AMENDMENT.
No amendment to this AGREEMENT will be effective unless it is in writing and signed by both
PARTIES.
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29. SUCCESSORS AND ASSIGNS.
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this
AGREEMENT and their respective heirs, representatives, successors, and assigns.
30. SEVERABILITY.
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be
invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this AGREEMENT shall remain in full
force and effect.
31. TIME OF ESSENCE.
Time is of the essence of each provision of this AGREEMENT which specifies a time within
which performance is to occur. In the absence of any specific time for performance, performance
may be made within a reasonable time.
32. QUIET ENJOYMENT.
Subject to the provisions of this AGREEMENT and conditioned upon performance of all the
provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and
privileges appertaining thereto.
33. PROVISIONS ARE COVENANTS AND CONDITIONS.
All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed
both covenants and conditions.
34. CONSENT.
Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably
withhold, condition, or delay such consent or approval, unless the provision providing for such
consent or approval specifically provides such consent or approval may be given in the
PARTY's discretion.
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35. EXHIBITS.
All exhibits referred to are attached to this AGREEMENT and incorporated by reference.
36. LAW.
This AGREEMENT shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
37. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California
for the County of San Bernardino. The aforementioned choice of venue is intended by the parties
to be mandatory and not permissive in nature.
38. ATTORNEY'S FEES AND COSTS.
In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for
the purposes of this section.
41. RIGHT TO TERMINATE.
This AGREEMENT may be terminated at any time by one hundred eighty (189) days written
notice by either PARTY for any reason.
42. HEADINGS.
The subject headings of the sections of this AGREEMENT are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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43. SURVIVAL.
The obligations of the PARTIES that, by their nature, continue beyond the term of the
AGREEMENT, will survive the termination of the AGREEMENT.
44. ESTOPPEL CERTIFICATE.
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT is
unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications. The certificate also shall state the date to which the rent has been paid in advance,
the amount of any security deposit or prepaid rent, and that there are no uncured defaults or
specifying in reasonable detail the nature of any uncured default claimed. Failure to deliver this
certificate within thirty (30) days shall be conclusive upon the PARTY requesting the certificate
any successor to the PARTY requesting the certificate, that this AGREEMENT is in full force
and effect and has not been modified except as may be represented by the PARTY requesting the
certificate, and that there are no uncured defaults on the part of the PARTY requesting the
certificate.
45. PUBLIC RECORDS DISCLOSURE.
All information received by CITY concerning this AGREEMENT, including the AGREEMENT
itself, may be treated as public information subject to disclosure under the provisions of the
California Public Records Act, Government Code Section 6250 et seQ. (the "Public Records
Act"). The PARTIES understand that although all materials received in connection with this
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject
to disclosure under the provisions of the Public Records Act.
46. CONDITION OF PREMISES.
The CITY makes no warranty as to the condition of the PREMISES on COMMENCEMENT
DATE or the PREMISES' suitability for a particular use. LESSEE agrees that it has not relied
upon any representation by CITY as to the condition of the PREMISES or the PREMISES'
suitability for a particular use when determining whether to enter into this AGREEMENT.
47. CONDEMNATION.
If any legally, constituted authority condemns the PREMISES or such part thereof which shall
make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the public
authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such
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termination shall be without prejudice to the rights of either PARTY to recover compensation
from the condemning authority for any loss or damage caused by the condemnation. Neither
PARTY shall have any rights in or to any award made to the other by the condemning authority.
48. MATERIAL REPRESENTATION.
If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the PARTY, this AGREEMENT may be
immediately terminated. If this AGREEMENT is terminated according to this section, the
terminating PARTY is entitled to pursue any available legal remedies.
49. INTERPRETATIONS.
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In
the event an ambiguity or question of intent or interpretation arises with respect to this
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and
in accordance with its fair meaning. There shall be no presumption or burden of proof favoring
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.
50. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf' signature page were an original thereof.
51. CORPORATE AUTHORITY.
Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they
are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing
so, the PARTIES hereto are formally bound to the provisions of this AGREEMENT.
52. ORDER OF PRECEDENCE.
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached
Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail.
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53. FORCE MAJEURE.
A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT
for the period that such failure or delay is due to causes beyond its reasonable control, including
but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or
any other force maj eure event.
54. COMPLIANCE WITH LAW.
LESSEE agrees to abide by all federal, state, and local laws, ordinances and regulations.
55. NON-DISCRIMINATION.
In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and
recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or
agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, mental or physical disability, medical condition, marital
status, sexual gender or sexual orientation, or any other status protected by law.
56. REGULATORY AUTHORITY.
LESSEE acknowledges and agrees that CITY, acting not as landlord but in its governmental
regulatory capacity, has certain governmental regulatory authority over the PREMISES and
nothing in this AGREEMENT binds the CITY to exercise its discretionary governmental
authority in any particular manner. LESSEE, in the use and operation of the PREMISES, shall at
all times comply with all applicable laws in the performance of this AGREEMENT and agrees
that"all applicable laws" as used herein includes any legal requirement imposed by CITY acting
not as landlord but in its capacity as a governmental regulatory body. LESSEE agrees that all
costs in complying with applicable laws are the sole responsibility of LESSEE.
Signature Page Follows]
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LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA of the East Valley
CITY OF SAN BERNARDINO: LESSEE:
ke a
Mark Scott, City Manager
Its: Chief Executive Officer
DATE: DATE:
f
3 —
APPROVED AS TO FORM:
GARY D. SAENZ, City Attorney
By:
L )
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55600.00100\44581396.1
CITY OF SAN BERNARDINO
The purpose of this Policy is to establish uniform procedures governing the approval of
new leases and lease renewals of City-owned real property and wireless
communication towers/sites where the City acts as lessor, in order to promote
transparency, open competition, fiscal accountability, and City Council oversight. This
policy is further intended to ensure that the City Council makes an affirmative policy
determination, prior to negotiations, as to whether an existing lease should be renewed
or whether the City should pursue competitive alternatives.
This policy applies to all leases, licenses, and similar agreements for the use or
occupancy of City-owned real property, unless exempted by state law, emergency
action, grant requirements, or express City Council direction.
No new lease or lease renewal shall be executed unless processed in accordance with
the two-step procedure set forth in this Policy and approved by the City Council. City
Council approval shall not be deemed as a waiver of any permit, approval, or
compliance with applicable governmental laws or regulations.
For any proposed renewal of an existing lease, prior to any negotiations with the
existing lessee or preparation of final lease documents, City staff shall submit a
Conceptual Renewal Proposal to the City Council for consideration.
The Conceptual Renewal Proposal shall summarize the existing lease, identify any
anticipated changes in material terms, describe the public benefit to the city, and
disclose any known community, political, or public-interest considerations associated
with the lease. The Conceptual Renewal Proposal shall not constitute a negotiated
agreement and shall not bind the City or the lessee.
Following presentation of the Conceptual Renewal Proposal, the City Council shall, by
motion, determine whether:
(a) the City should proceed with renewal negotiations with the existing lessee;
or
(b) the City should decline the renewal and may direct staff to initiate a
Request for Proposals for the property.
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55600.00100\44581396.1
If the City Council authorizes renewal negotiations with the existing lessee, staff may
negotiate a renewal consistent with Council direction. Any negotiated renewal shall be
subject to final City Council approval prior to execution.
4. New Leases
5. Solicitation Procedures
6. Exemptions.
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55600.00100\44581396.1
(c) Other limited exceptions approved by the City Council on a case-by-case
basis.
7. Administration.
The City Manager or designee is authorized to administer and implement this policy and
to adopt administrative procedures consistent with this Policy and applicable law.
Administrative procedures shall not authorize negotiation or execution of lease renewals
without prior City Council direction as required by this Policy.
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DISCUSSION
March 4, 2026
Honorable Mayor and City Council Members
Cheryl Weeks, Council Administrative Supervisor
Council Office
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of one or more alternate voting delegates for the
Southern California Association of Governments (SCAG) 2026 Regional Conference
and General Assembly, scheduled for May 7–8, 2026, at the JW Marriott Desert
Springs Resort & Spa in Palm Desert, California.
The Southern California Association of Governments (SCAG) convenes its General
Assembly annually—typically in May—to gather the official representatives of its
member jurisdictions and help set the agency’s direction for the coming year. The
General Assembly serves as a forum for identifying and addressing key regional policy
issues.
Any city or county representative may propose a subject for study by SCAG, provided
that the representative notifies the Regional Council President at least 45 days prior to
the General Assembly meeting. The proposal must be submitted in the form of a
resolution to the SCAG Regional Council for consideration.
Founded in 1965, SCAG is a joint powers authority under California state law,
established as an association of local governments and agencies that voluntarily
convene as a forum to address regional issues. Under federal law, SCAG is designated
as a metropolitan planning organization. Under state law, SCAG is designated as a
regional transportation planning agency and a council of governments.
The SCAG region encompasses six counties (Imperial, Los Angeles, Orange,
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Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than
38,000 square miles. The agency develops long-range regional transportation plans,
including a sustainable communities strategy and a growth forecast, regional
transportation improvement programs, regional housing needs allocations, and a
portion of the South Coast Air Quality Management Plan. SCAG’s 86-member
governing board, the Regional Council, conducts the affairs of SCAG; implements the
General Assembly’s policy decisions; acts upon policy recommendations from SCAG
policy committees and external agencies; appoints committees to study specific
problems and programs; and amends, decreases or increases the proposed budget to
be reported to the General Assembly.
Discussion
The Southern California Association of Governments (SCAG) envisions serving as
Southern California’s catalyst for a brighter future. Its mission is to foster innovative
regional solutions that improve the lives of Southern Californians through inclusive
collaboration, visionary planning, regional advocacy, information sharing, and the
promotion of best practices. The mayor currently serves as the City’s designated
Voting Delegate and represents the City of San Bernardino at SCAG. The appointment
of one or more alternate voting delegates will ensure the city maintains full
representation and voting participation during the conference and General Assembly
proceedings, if needed. SCAG’s core values guide its work and commitment to the
region:
Be Open and Transparent – Conduct work in a manner that is accessible, candid,
collaborative, and transparent.
Lead with Integrity and Equity – Demonstrate integrity and equity while
addressing the diverse needs of all people and communities throughout the region.
Make an Impact – Pursue meaningful, positive, and sustained outcomes that help
the region thrive.
Be Courageous – Embrace deliberate, bold, and purposeful risks that can
generate innovative and valuable benefits
Cultivate Belonging – Embrace differences, foster equity, champion inclusion,
and empower all individuals and communities.
2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the Southern California Association of
Governments (SCAG) 2026 Regional Conference and General Assembly align with
Key Target No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
Conference costs are covered under the 2025/2026 adopted budget. Estimated cost
to attend per person including registration and lodging is approximately $1,000. The
SCAG 2026 Regional Conference and General Assembly in Palm Desert, CA May 7-
8, 2026, is part of the pre-approved travel for the Mayor and City Council.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of one or more alternate voting delegates for the
Southern California Association of Governments (SCAG) 2026 Regional Conference
and General Assembly, scheduled for May 7–8, 2026, at the JW Marriott Desert
Springs Resort & Spa in Palm Desert, California.
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Ward:
All Wards
Synopsis of Previous Council Actions:
None.
CC: Eric Levitt, City Manager
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DISCUSSION
March 4, 2026
Honorable Mayor and City Council Members
Vanessa Carder, Director of Parks, Recreation, and Community
Services
Parks, Recreation, and Community Services
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize staff to initiate statutory due diligence for the San Bernardino County
Fire – Firehouse 222 Expansion Project at Bobby Vega Park, including
environmental review, title verification, and other compliance activities required
under applicable state and local regulations; and
2. Direct staff to return to Council, upon completion of due diligence and
subdivision of the park land, with a resolution declaring the newly created parcel
as surplus land and authorizing its disposition pursuant to the Surplus Land Act
provisions applicable to local agency-to-agency transfers or exchanges.
The City Manager recommends that the City Council approve the staff moving forward
on completion of a due diligence on evaluating and bringing back a subdivision of park
land to allow for a transfer of property to the County for an expansion of the Fire Station
222. The transfer would occur at fair value of the land. In addition amenities to the
community would be moved to continue allowing for uses of the amenities by the
community.
The recommended action will authorize staff to begin statutory due diligence for the
proposed Firehouse 222 Expansion Project at Bobby Vega Park. This step is
necessary for the project to advance to the next phase of design and development.
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The due diligence process will include environmental review, title verification, and
compliance with state surplus land requirements. No formal project approval or
financial commitment is being requested at this time.
Background
San Bernardino County Fire has proposed an expansion of Firehouse 222 to improve
emergency response capabilities and public safety services in the
surrounding community. The proposed expansion would utilize a portion of Bobby
Vega Park for the new fire station facilities. Before the project can proceed to design
and construction phases, the City must complete statutory due diligence to ensure
compliance with applicable laws and regulations. This includes environmental review
under CEQA, property title verification, and preparation of a resolution declaring the
park portion of the property as Exempt Surplus Land under state law.
Discussion
The purpose of this action is to authorize staff to continue advancing the proposed
new firehouse project by completing the necessary due diligence, regulatory review,
and preliminary site planning associated with improvements to the Bobby Vega Park
footprint.
Staff will conduct a comprehensive due-diligence review that includes evaluating
compliance requirements under the Surplus Land Act and the Public Park
Preservation Act, assessing potential site and operational impacts, and confirming
the feasibility of proposed park modifications. This process will ensure that all
statutory obligations and procedural requirements are met before the project moves
forward.
Next steps will include refining project design concepts, coordinating with internal
departments and external agencies, and preparing any required environmental or
regulatory documentation. Staff will return to the City Council with findings,
recommended actions, and any subsequent approvals needed.
This action aligns with City policies supporting enhanced public safety services,
responsible land use planning, and long-term infrastructure investment. Advancing
the new firehouse project supports the City’s commitment to providing adequate fire
and emergency response services while maintaining compliance with state laws
governing public assets.
Strategic Targets and Goals
This action aligns with Strategic Target No. 3: Improved Quality of Life, by enhancing
public safety infrastructure and emergency response capabilities.
Fiscal Impact
There is no immediate fiscal impact associated with authorizing staff to begin
statutory due diligence. Any future costs related to environmental review or compliance
activities will be presented to Council as part of subsequent actions.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Authorize staff to initiate statutory due diligence for the San Bernardino County
Fire – Firehouse 222 Expansion Project at Bobby Vega Park, including
environmental review, title verification, and other compliance activities required
under applicable state and local regulations; and
2. Direct staff to return to Council, upon completion of due diligence and
subdivision of the park land, with a resolution declaring the newly created parcel
as surplus land and authorizing its disposition pursuant to the Surplus Land Act
provisions applicable to local agency-to-agency transfers or exchanges.
Attachments
Attachment 1 Site Map
Ward:
First Ward
Synopsis of Previous Council Actions:
N/A
CC: Eric Levitt, City Manager
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BOBBY VEGA PARK
163,886 SF TOTAL
NEW FIRE
STATION 222
62,991 SF
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BOBBY VEGA PARK
181,249 SF EXISTING CITY PARK AREA
- 27,903 SF COUNTY ACQUIRED AREA
+10,540 SF CITY ACQUIRED AREA
163,886 SF REDUCED PARK AREA
9.6% REDUCTION IN TOTAL PARK AREA
BOBBY VEGA PARK
181,249 SF TOTAL
EXISTING FIRE
STATION 222
35,088 SF
REALLOCATED
AREA
27,903 SF
PHASE ONE PHASE TWO
POTENTIAL LOCATION(S)
FOR RELOCATED
PICKBALL COURTS
1” = 70’
PARK PLAN
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
March 4, 2026
Honorable Mayor and City Council Members
Sandra Ibarra, Council Member, 2nd Ward
Council Office
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
March 4, 2026
Honorable Mayor and City Council Members
Mario Flores, Council Member, 6th Ward
Council Office
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