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HomeMy WebLinkAbout3_6_17_Agenda_aCITY OF SAN BERNARDINO AGENDA FOR THE JOINT 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, MARCH 6, 2017 2:00 PM – CLOSED SESSION 4:00 PM – OPEN SESSION COUNCIL CHAMBER • 300 NORTH "D" STREET (LOBBY) • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios Mark Scott COUNCIL MEMBER, W ARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk by 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments@sbcity.org if you cannot turn it in in person prior to 4:30 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o Public comments for agenda items that are not public hearings will be limited to three minutes. o There is a 6-minute-per-person time limit for all comments, excluding public hearings. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to http://www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/2/2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez    Council Member, Ward 2 Benito J. Barrios    Council Member, Ward 3 John Valdivia    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Henry Nickel    Council Member, Ward 6 Bessine L. Richard    Council Member, Ward 7 James Mulvihill    Mayor R. Carey Davis    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Mark Scott    CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address 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. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts, et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS 1702131 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): Pepe’s Towing v. City of San Bernardino Center for Biological Diversity, et al. v. City of San Bernardino, et al. C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Nguyen City v. Wells Fargo Bank N.A. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/2/2017 D. PERSONNEL – Pursuant to Government Code Section 54957(b): City Manager E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8 385 N. “E” Street (APN 0134-241-64), Negotiator: Mark Scott / Andrea Miller CLOSED SESSION REPORT PRESENTATIONS 1. San Manuel Band of Mission Indians – Presentation by Chairwoman Lynn Valbuena and the Business Committee 2. Proclamation to the San Manuel Band of Mission Indians – Presentation by Mayor R. Carey Davis 3. San Bernardino Police Department vs. San Bernardino County Fire Baseball Game at the San Manuel Stadium – Presentation by Vicki Cervantes 4. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 4:30 p.m. the day of the meeting. If you wish, you may email your speaking request publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 5. City Clerk Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated March 6, 2017. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/2/2017 6. City Clerk Council Minutes – February 21, 2017 Recommendation: Approve the minutes of the Mayor and City Council meeting of the February 21, 2017, as submitted. 7. Finance Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for February 2017. 8. Community Development Amendment Number Two to an Agreement with Eco Tierra Consulting Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number Two to extend the term of the Agreement with Eco Tierra Consulting Inc., though March 31, 2018. 9. City Manager Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark. 10. City Attorney Employment Agreement with City Manager Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Mark Scott. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/2/2017 11. City Manager Relocation Related Agreements Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to approve payments for move related services in an amount not to exceed $150,000. 12. City Manager IDS Group Engineering and Design Services Agreement Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with IDS Group for engineering and design services related to several structures in the City Hall Plaza, in an amount not to exceed $1,009,540. 13. Successor Agency St. Bernardine Senior Housing Property Subordination of a Deed of Trust Recommendation: Adopt the Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the subordination of a deed of trust to refinance a senior mortgage for the St. Bernardine senior housing property located at 550 W. 5th Street, San Bernardino. 14. Police Department Purchase and Installation of New Flooring at Police Headquarters Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the appropriation of an additional $20,000 into the FY2016/17 Adopted Budget from the Development Impact Fees Fund, issuance of a Purchase Order to G&S Carpet Mills, Inc. and execution of a Vendor Services Agreement between the City of San Bernardino, California, and G&S Carpet Mills, Inc. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/2/2017 15. Police Department Amendment Number Three to the Vendor Services Agreement with Platinum Security, Inc., for Security Services at Various City Locations Recommendation: Adopt a Resolution approving Amendment Number Three to the Vendor Services Agreement between the City of San Bernardino, California, and Platinum Security, Inc.; and increasing the Purchase Order to Platinum Security, Inc., in an amount not to exceed $150,000 for the remainder of FY 2016/17. 16. City Attorney Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for Litigation Services Recommendation: Adopt the Resolutions of the Mayor and City Council of the City of San Bernardino and the Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino authorizing the execution of Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for legal services related to litigation. 17. Community Development Amendment Number One to Increase Contract Amount for Two Code Enforcement Board-Up Contractors – Absolute Property Preservation and Brett Carlson Construction Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to increase the contract amount and extend the term for two property board- up contractors. 18. Successor Agency Purchase and Sale Agreement for 333 North “H” Street, San Bernardino Recommendation: Adopt a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Fairview Ford Sales, Inc. with respect to 333 North “H” Street, San Bernardino (APN 0134-182-04) and approving certain related actions. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/2/2017 PUBLIC HEARING - TO BE HEARD AT 5:30 P.M. 19. Public Works Refuse Accounts Liens Recommendation: Council to Conduct a Public Hearing related to the Placement of Liens for Refuse Accounts delinquent as of the Second Quarter 2016, Third Quarter 2016, October and November 2016, and adopt a Resolution. STAFF REPORTS 20. City Manager Amendment Number One to Lease with Vanir Tower Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to execute the Amendment Number One to the Lease with Vanir Tower Inc. at 290 North D Street San Bernardino, California. 21. City Manager California Partnership for Safe Communities relating to Implementation of the Ceasefire Program Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the approval of the attached Professional Services Agreement. 22. City Manager Charter Implementation Update Recommendation: Review and analyze the memorandum from Special Council Kimberly Hall Barlow of Jones & Mayer regarding Charter implementation including the immediate impacts of the new Charter and revisions to the San Bernardino Municipal Code and provide direction related to priorities; introduce for first reading an Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter; and introduce for first reading an Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager and introduce for first reading an Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City’s Charter. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/2/2017 23. City Manager Property Disposition Strategy Recommendation: Adopt a Resolution of the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Property Disposition Strategy and authorizing the City Manager or his or her designee to take actions to effectuate the sale of designated properties. 24. City Attorney City Policy Regarding Letters Signed by a Majority of the City Council Recommendation: Adopt a Resolution establishing a policy regarding letters signed by the majority of the members of the City Council. 25. City Attorney Letter Requesting Federal Assistance Recommendation: Discussion regarding the letter to the President of the United States requesting federal assistance. 26. City Attorney Authorization to Send Letter in Support of Inland Empire Job Corps Recommendation: Adopt the Resolution authorizing the Mayor and City Council of the City of San Bernardino to send a letter in support of Inland Empire Job Corps to Congress and the President of the United States. 27. City Council Discussion of Illegal Fireworks Recommendation: Develop an effective strategic enforcement plan to mitigate the use of illegal fireworks in the City of San Bernardino, California. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/2/2017 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 29. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 30. ANNONCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 31. 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 is scheduled for 2:00 p.m., Monday, April 3, 2017, in the Council Chamber of City Hall, 300 North “D” Street, San Bernardino, California. Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/2/2017 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the staff member responsible for collecting speaker request slips at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Consent Calendar City of San Bernardino Request for Council Action \ Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Waive Full Reading of Resolutions and Ordinances Recommendation Waive full reading of Resolutions and Ordinances on the agenda dated March 6, 2017. 5.a Packet Pg. 11 Attachment: Waive Reading.Report_March_06 (4871 : Waive Reading) This page left blank intentionally Consent Calendar City of San Bernardino Request for Council Action \ Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Draft Minutes for February 8, 2017 Recommendation Approve draft minutes for the meeting of February 21, 2017. 6.a Packet Pg. 12 Attachment: Minutes_cover_3_06_17 (4872 : Minutes -- February 21, 2017) This page left blank intentionally City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor and Common Council of the City of San Bernardino Page 1 Printed 1/10/2017 MINUTES JOINT 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 TUESDAY, FEBRUARY 21, 2017 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:02 p.m., Monday, February 21, 2017, in the Council Chamber, 300 North "D" Street (Lobby), San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Late 2:38 p.m. John Valdivia Council Member, Ward 3 Late 2:12 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Andrea Miller Assistant City Manager Present 2:00 p.m. Mayor R. Carey Davis Mayor R. Carey Davis Council Members Council Members Virginia Marquez Virginia Marquez Benito Barrios Benito Barrios John Valdivia John Valdivia Fred Shorett Fred Shorett Henry Nickel Henry Nickel Bessine L. Richard Rikke Van Johnson Jim Mulvihill Jim Mulvihill 6.b Packet Pg. 13 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 2 Printed 2/21/2017 1A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ Clayton Smith v. City of San Bernardino, WCAB Case No. ADJ8917616 Arturo Diaz v. City of San Bernardino, WCAB Case No. ADJ8848130 Mark Plonski v. City of San Bernardino WCAB Case Nos. ADJ4678640; ADJ6647317; ADJ9037048; and ADJ9843328 AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts, et al v. City of San Bernardino CIVDS 1702131 1B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Bayview Loan Servicing LLC City v. Amarsanped, LLC City v. Ericka Munoz Salgado City v. Amaxi Investments Co. 1C. PERSONNEL – Pursuant to Government Code Section 54957(b): City Manager 1D. Conference with Real Property Negotiator - pursuant to Government Code Section 54956.8. Property: 333 N. “H” Street (APN 0134-182-04) Negotiator: Mark Scott/Andrea Miller Reading of Resolutions and Ordinances City Clerk Gigi Hanna read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation and Pledge of Allegiance were given by Fred Adams, pastor from The Rock Church. 6.b Packet Pg. 14 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 3 Printed 2/21/2017 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Clayton Smith v. City of San Bernardino, Council gave settlement direction by a vote of 6-0 with Council Member Barrios absent. In the matter of Arturo Diaz v. City of San Bernardino, Council gave settlement direction by a vote of 6-0 with Council Member Barrios absent. In the matter of Mark Plonski v. City of San Bernardino, Council gave settlement direction by a vote of 6-0 with Council Member Barrios absent. In the matter of AMF 1278, LLC v. City of San Bernardino, Council gave litigation directive by a vote of 6-0, with Council Member Valdivia absent. In the matter of Kush Concepts, et al v. City of San Bernardino, Council gave litigation directive by a vote of 6-0, with Council Member Valdivia absent. Under Agenda Item No. 1B, anticipated litigation, significant exposure to litigation: In the matter of City v. Bayview Loan Servicing LLC, Council gave settlement direction by a vote of 6-0, with Council Member Barrios absent. In the matter of City v. Ericka Munoz Salgado, the Council gave settlement direction by a vote of 7-0. In the matter of City v. Amarsanped, LLC, the Council gave settlement direction by a vote of 7-0. In the matter of City v. Amaxi Investments Co., the Council gave settlement direction by a vote of 7-0. Under Agenda Item No. 1C, Personnel: In the matter of City Manager, the item was continued to the March 6, 2017 Council meeting. 3. Presentations 3A. Presentation to NENA – John Hillman – Mayor R. Carey Davis John Hillman gave a presentation about the North East Neighborhood Association. 6.b Packet Pg. 15 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 4 Printed 2/21/2017 3B. Presentation to San Gorgonio High School Football Team – CIF Champions – Council Member Barrios Council Member Barrios honored the coaches and players who were part of the CIF Football Champions from San Gorgonio High School. 3C. Student of the Month – Giovanni Lozano, San Gorgonio High School – Council Member Mulvihill Giovanni Lozano was honored for his extra-curricular and academic achievements as a senior at San Gorgonio High School, including a 4.83 grade point average. 3D. Certificate of Recognition - First Congregational United Church of Christ 150th Anniversary – Council Member Mulvihill Council Member Mulvihill honored First Congregational Church of Christ on its 150th anniversary. Pastor Petra Mallis Sternberg accepted the certificate on behalf of the congregation. 3E. Citizen(s) of the Month – Carlos Gomez, Alex Artiaga and Darrell & Dorothy Farwick - Council Member Valdivia Council Member Valdivia presented certificates to Carlos Gomez, Alex Artiaga and Darrell and Dorothy Farwick. He also commended the Farwicks on 65 years of marriage. 3F. Bankruptcy Update -- Management Partners There was no bankruptcy update at this meeting. 3G. Chamber of Commerce & Local Elected Officials Announcements Chamber representative Lesley Stevens announced upcoming Chamber of Commerce events and activities. 6.b Packet Pg. 16 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 5 Printed 2/21/2017 4. Consent Calendar Council Member Nickel pulled items 4D and 4E for further discussion. Council Member Mulvihill pulled items 4G and 4I for further discussion. Council Member also pulled item 4I for further discussion. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4A. City Clerk Waive Full Reading of Resolutions and Ordinances. Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated February 21, 2017. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4B. City Clerk Council Minutes – February 8, 2017. Approved Motion: Approve the minutes of the Mayor and City Council meeting of the February 8, 2017, as submitted. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4C. Finance Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for February 2017. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 17 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 6 Printed 2/21/2017 4D. Police Department Purchase of Police Vehicles from Fairview Ford Approved Motion: Adopt the Resolution. RES. 2017-16 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to transfer $628,996 to the General Fund Capital Expense account and issue a Purchase Order to Fairview Ford Sales, Inc. in the amount of $813,540. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4E. Police Department Purchase of Police Motorcycles from BMW Motorcycles Approved Motion: Adopt the Resolution. RES. 2017-17 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to BMW Motorcycles in the amount of $83,300.00. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 18 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 7 Printed 2/21/2017 4F. Police Department Appropriation of Funding for the Public Safety Academy Approved Motion: Adopt the Resolution. RES. 2017-18 Resolution. of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Memorandum of Understanding (MOU) between the City of San Bernardino and the Public Safety Academy of San Bernardino, Inc., and amending the FY2016/17 Adopted Budget by appropriating $125,880 of grant funds. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4G. Police Department Advanced Pet Care Animal Hospital Speaker Jeannine Neilson Approved Motion: Adopt the Resolution. RES. 2017-19 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to increase the Purchase Order issued to Advanced Pet Care Animal Hospital to $78,000. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 19 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 8 Printed 2/21/2017 4H. Police Department Vendor Service Agreement with Taser International, Inc. Approved Motion: Adopt the Resolution. RES. 2017-20 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to Execute a Vendor Service Agreement with Taser International, Inc. and authorizing the Director of Finance to issue a Purchase Order to Taser International Inc. in the amount of $341,230. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4I. City Attorney Employment Agreement with City Manager Speakers Jim Smith, San Bernardino Scott Olson, San Bernardino Approved Motion: Extend the City Manager’s contract to March 7, 2017. RES. 2017-26 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an employment agreement for the position of City Manager with Mark Scott to Commence on February 8, 2017. RESULT: ADOPTED [8-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill, Davis* *Under the City’s revised Charter, Mayor and Council vote on the City Manager’s hiring. 6.b Packet Pg. 20 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 9 Printed 2/21/2017 4J. Successor Agency Subordination of a Deed of Trust at 1094 West 59th Street Approved Motion: Adopt the Resolution. RES. 2017-21 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 1094 West 59th Street, San Bernardino, California. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4K. Community Development Housing Related Parks Program Grant Application for Arrowhead Grove Approved Motion: Adopt the Resolution. RES. 2017-22 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving submission of a grant application for the Housing Related Parks Program (HRP Program) for Arrowhead Grove (formerly known as Waterman Gardens). 6.b Packet Pg. 21 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 10 Printed 2/21/2017 5. Public Hearings 5A. City Clerk Business Registration Liens Mayor opened the hearing. There were no speakers to swear in. Approved Motion: Adopt the Resolution. RES. 2017-23 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property located within the City of San Bernardino for Uncollected Business Registration Fees. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Staff Reports 6A. Finance Mid-Year Budget Update for Fiscal Year 2016/17 and Budget Amendment Approved Motion: Adopt the Resolution. RES. 2017-24 Resolution amending the Adopted Budget by making an adjustment of $450,000 for the expenditures related to administering the properties formerly owned by the Economic Development Agency. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 22 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 11 Printed 2/21/2017 6B. City Manager Lease Agreement for 600 North Arrowhead Avenue Building Approved Motion: Adopt the Resolution. RES. 2017 –25 Resolution of the Mayor and City Council of the City of San Bernardino Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Arrowhead Professional Center, LP for the Lease of Office Space in the 600 North Arrowhead Avenue Building. RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NOES: Valdivia 7. Public Comments on Items Not on the Agenda Robert Harris, San Bernardino, spoke about deficiencies he and other Cal State Social Work students saw while working at Blair Park as part of a student project. Jeanette Payne, San Bernardino, said she and other social work students involved in the Cal State project found a community in need and referred to the broken windows theory of community health. She said it is very important to take efforts to address smaller issues that affect how people feel about their neighborhood and city. She urged the Council to consider Blair Park for an upcoming park revitalization project. Jamie Campos, San Bernardino, said she and other social work students spent two months in the community surveying people about food, health and community needs. They learned that most people are unaware of where they can get help. To address that, she and her fellow students created a resource guide and organized a resource fair for Friday, February 24, from 9 a.m. to noon at the Frazee Community Center. Angela Halfman, San Bernardino, spoke about animal issues in San Bernardino. She passed out a flier and warned the Council about a “Bully Expo,” an event being held at the National Orange Show on March 4, 2017 to promote exotic breeding of bulldogs. She asked the city to cancel the event, or require that all animals that show up to it be spayed or neutered. Scott Olson, San Bernardino, said he remains skeptical about the city because he has spent a lifetime in San Bernardino. He said he supports some of the Council, opposes others and is neutral about some. 6.b Packet Pg. 23 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Joint Regular Meeting DRAFT Minutes February 21, 2017 Mayor and Common Council of the City of San Bernardino Page 12 Printed 2/21/2017 Robert Porter, San Bernardino, said there are good quality people looking for work, looking to build a business and to do good work in the community. He said his Facebook page has 40,000 likes and people ask him about how to do business in the city. He asked to create a commission to help people to get to a non-profit status, or to become a business; they would create jobs. Jim Smith, San Bernardino, complimented the Council on its votes. He commended the Council and staff for the discussion of City Manager Mark Scott. He announced that the annual Mills Act presentation would be 10 a.m. to Noon on Saturday, March 11, at the Historical Society building at 8th and D streets and invited people to attend. 8. Items to be Referred to Council Committees No items were referred to committees. 9. Announcements by Mayor, Council and Executive Staff 10. Adjournment The meeting adjourned at 8:17 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 is scheduled for 2:00 p.m., Monday, March 6, 2017. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk 6.b Packet Pg. 24 Attachment: 2-21-17 Jt. Reg_gh_DRAFT (4872 : Minutes -- February 21, 2017) Consent Calendar City of San Bernardino Request for Council Action Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Brent A. Mason, Finance Director Subject: Commercial Checks and Payroll Recommendation Approve the commercial and payroll checks for February 2017. Background Staff is required to submit completed commercial and payroll check registers to the City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed check registers. The detailed warrant registers are available on the City Website, and are updated weekly by Accounts Payable. The registers may be accessed by copying the following link into an internet browser: http://sbcity.org/cityhall/finance/warrant_register.asp. Discussion The following check registers are being presented for approval: February 2, 2017 2016/17 #40 $1,025,924.72 February 9, 2017 2016/17 #41 517,024.21 February 14,2017 2016/17 #42 378.50 Total Commercial Check Demands: $1,543,327.43 Gross Payroll Semi-Monthly for 2/1-2/15/17 $2,300,645.64 Monthly for 1/15-2/15/17 7,950.00 Total Payroll Demands: $2,308,595.64 7.a Packet Pg. 25 Attachment: Commercial Checks & Payroll.Report (4873 : Commercial and Payroll Checks) c:\users\hanna_gi\appdata\local\temp\minutetraq\sanbernardinocityca@sanbernardinocityca.iqm2.com\work\attachments\14183.docx Fiscal Impact Amounts noted in the check registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the attached check registers be approved by the Mayor and City Council. Attachments Attachment 1 – Commercial checks for February 2, 2017 (#40) Attachment 2 – Commercial checks for February 9, 2017 (#41) Attachment 3 – Commercial checks for February 14, 2017 (#42) Attachment 4 – Payroll checks for February 15, 2017 Ward: Synopsis of Previous Council Actions: 7.a Packet Pg. 26 Attachment: Commercial Checks & Payroll.Report (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 27 Attachment: Commercial Checks & Payroll.Register #40 (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 28 Attachment: Commercial Checks & Payroll.Register #40 (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 29 Attachment: Commercial Checks & Payroll.Register #40 (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 30 Attachment: Commercial Checks & Payroll.Register #40 (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 31 Attachment: Commercial Checks & Payroll.Register #40 (4873 : Commercial and Payroll Checks) 7.b Packet Pg. 32 Attachment: Commercial Checks & 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Payroll Summary (4873 : Commercial and Payroll Checks) 7.e Packet Pg. 75 Attachment: Commercial Checks & Payroll. Payroll Summary (4873 : Commercial and Payroll Checks) EtNARDj'VO Consent Calendar 0 City of San Bernardino. Request for Council Action G'r'DED 14110 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager R By: Mark Persico, AICP, Community Development Director Oliver Mujica, Planning Division Manager Subject: Amendment Number Two to an Agreement with Eco Tierra Consulting Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number Two to extend the term of the Agreement with Eco Tierra Consulting Inc., though March 31, 2018. Background The last comprehensive Development Code update was completed in May 1991. The last comprehensive General Plan update was completed in November 2005. On November 3, 2014, the Mayor and City Council approved a Consulting Services Agreement with Eco Tierra Consulting Inc., for an amount not to exceed $160,000 for a comprehensive update of the Development Code. On March 21, 2016, the Mayor and City Council approved Amendment Number One that extended the term of the original Agreement through March 31, 2017. There was no increase in the total compensation amount. Analysis Staff and the consultant have made good progress toward updating the Development Code. The Planning Commission has held two workshops where the NAC presidents were invited. Overall the project has taken longer than anticipated due to the increase workload of staff and our ability to provide meaningful comments to the consultant. Under the proposed amendment, the numerous residential, commercial and industrial zones have been consolidated into more understandable groupings. The land use table and land use definitions have also been streamlined. These two changes will make a significant difference in our ability to review and approve projects. The third significant 8.a Packet Pg. 76 Attachment: Eco Tierra Consulting (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) change is to the administrative section of the Code that addresses how permits are reviewed. The entire administrative section is being rewritten. The new Code is groundbreaking in terms of the approach to development review, which has also added to the length of time to complete. Staff and the consultant have been charting new territory and there are no models from other cities to use as a guideline. While the project has taken longer to complete, the project is still within budget. Fiscal Impact Of the original amount allocated, there is $90,628 remaining. It is not anticipated that additional funding will be required. Attachments Attachment 1 Resolution; Exhibit- Amendment Number Two Attachment 2 Original Agreement with Eco Tierra Consulting Ward: All Synopsis of Previous Council Actions: 8.a Packet Pg. 77 Attachment: Eco Tierra Consulting (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER TWO TO THE CONSULTING SERVICES AGREEMENT WITH ECO TIERRA CONSULTING, INC. FOR THE COMPREHENSIVE DEVELOPMENT CODE UPDATE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute Amendment Number Two to the existing Consulting Services Agreement with Eco Tierra Consulting, Inc., attached as Exhibit “A” and incorporated herein, extending the term for completion of the Development Code Update from March 31, 2017 to March 31, 2018. SECTION 2. All provisions of the Original Consulting Services Agreements, dated March 3, 2014, shall remain in effect with the exception of the Term section. SECTION 3. The authorization to execute the above-referenced agreement is rescinded if the Amendment Number Two is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. / / / / / / / / / / / / / / / / / / / / / / / / 8.b Packet Pg. 78 Attachment: Amendment Development Code.Resolution (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER TWO TO THE CONSULTING SERVICES AGREEMENT WITH ECO TIERRA CONSULTING, INC. FOR THE COMPREHENSIVE DEVELOPMENT CODE UPDATE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________ meeting thereof, held on the ______ day of ____________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this __________ day of __________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: ___________________________ 8.b Packet Pg. 79 Attachment: Amendment Development Code.Resolution (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 1 AMENDMENT NUMBER TWO TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ECO TIERRA CONSULTING, INC. FOR A COMPREHENSIVE DEVELOPMENT CODE UPDATE THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into this _____day of ___________, 2017 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and ECO TIERRA CONSULTING, INC. ("CONSULTANT"). W I T N E S S E T H: WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services Agreement on November 3, 2014; and WHEREAS, CITY and CONSULTANT entered into Amendment Number One to the Agreement on March 21, 2016; and WHEREAS, CITY and CONSULTANT seek Amendment Number Two to extend the term of Agreement from March 21, 2016 to March 31, 2018. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 3.1 Term of the Agreement is hereby amended to extend through March 31, 2018. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// /// /// /// /// /// /// 8.c Packet Pg. 80 Attachment: Amendment.Agreement - Eco Tierra Consulting (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2 AMENDMENT NUMBER TWO TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ECO TIERRA CONSULTING, INC. FOR A COMPREHENSIVE DEVELOPMENT CODE UPDATE IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO ECO TIERRA CONSULTING, INC. CONSULTANT _________________________________ ________________________ Mark Scott, City Manager Signature ________________________ Name and Title APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 8.c Packet Pg. 81 Attachment: Amendment.Agreement - Eco Tierra Consulting (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of November 2014 Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city and a municipal corporation("CITY"),and Eco Tierra Consulting,Inc. ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated;and C. WHEREAS, CITY and CONSULTANT desire to contract for services to prepare a Comprehensive Development Code Update; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1. 1 Scope of Services. For the remuneration stipulated, CONSULTANT shall provide a Comprehensive Development Code Update as described in RFP F-15-04 and CONSULTANT's Proposal for Comprehensive Development Code Update dated September 18, 2014,both attached hereto as Exhibit "1" and incorporated herein by this reference. If a conflict arises between the Scope of Services and this Professional Services Agreement(hereinafter Agreement"),the terms of the Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it 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. 1 8.d Packet Pg. 82 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2014-380 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands,payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented,brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT 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, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735, 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Dele ation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as 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. 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, CONSULTANT shall be paid for such services in an amount not to exceed$160,000.00 in accordance with the specifications contained in the"San Bernardino Comprehensive Development Code Update BUDGET" attached and incorporated herein as Exhibit"2". 2 8.d Packet Pg. 83 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2014-380 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the Scope of Services unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. 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. 2.4. Records and Audits. 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 three (3)years from the Effective Date. 3.0. TERM AND NOTIFICATION. 11. Term. This Agreement shall commence on the Effective Date and shall terminate on January 31, 2016, unless the Agreement is previously terminated as provided for herein. 3.2 Termination. CITY or CONSULTANT may terminate this Agreement for any reason upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3. 3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0.INSURANCE 4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. 3 8.d Packet Pg. 84 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2014-380 b) 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. c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to CONSULTANT'S performance under this contract." b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to CITY." c) 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." 4.3. Certificates of Insurance. CONSULTANT 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. 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a)at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. 4 8.d Packet Pg. 85 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 2014-380 TO CONSULTANT: TO CITY: Eco Tierra Consulting, Inc. City Manager 5776-D Lindero Canyon Road#414 300 North"D" Street Westlake, CA 91362 San Bernardino,CA 92418 Telephone: (818)356-9496 Telephone: (909)384-5122 Facsimile: (818)991-8292 Facsimile:(909) 384-5138 5.3. 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 and members of his office in enforcing this contract on behalf of the CITY shall be considered as attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT'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 termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 111 5 8.d Packet Pg. 86 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) LU14-:itiU 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required,in connection with the services to be performed hereunder. Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations,paid holidays,pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5. 8 Conflict of Interest Disclosure. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial effect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. 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 occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Emplo, ment. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. 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. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13, 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 6 8.d Packet Pg. 87 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) ZU14-3tSU accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14, Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other 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. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. 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 agreement. 5.18. Corporate 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. 7 8.d Packet Pg. 88 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) LU14-36U IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their respective authorized officers,as of the date first above written. CITY OF SAN BERNARDINO, Eco Tierra Consulting,Inc. A Municipal Corporation CONSULTANT Allen Arker,City Manager Signature Name and Title ATTEST: cam/ Georgeann HUG,City C Approved as to form : Gary D. Saenz, City Attorney By: 11 Q rnitu'6c:c 8 8.d Packet Pg. 89 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) I RESOLUTION NO.2014-380 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES 3 AGREEMENT WITH ECO TIERRA CONSULTING, INC. TO PREPARE A 4 COMPREHENSIVE DEVELOPMENT CODE UPDATE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The City Manager is hereby authorized and directed to execute a 8 Consultant Services Agreement with Eco Tierra Consulting, Inc. for a Comprehensive 9 Development Code Update; a copy of which is attached hereto as Attachment "A" and 10 incorporated herein. L1 SECTION 2. The Director of Finance is hereby authorized to issue a purchase order for 12 services related to the Comprehensive Development Code Update to Eco Tierra Consulting,Inc. 13 pursuant to Specification No. F-15-04 for a total of$160,000.00 out of account number 119- 14 180-0029- 5502. 15 16 SECTION 3. The authorization to execute the above-referenced Agreement is 17 rescinded if the Agreement is not executed and returned to the Office of the City Clerk within 18 sixty(60)days following the effective date of this Resolution. 19 20 21 22 23 24 25 1 8.d Packet Pg. 90 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT SERVICES 4 AGREEMENT WITH ECO TIERRA CONSULTING, INC. TO PREPARE A COMPREHENSIVE DEVELOPMENT CODE UPDATE. S 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 3rd day of November, 2014,by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 14 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 is NICKEL X 16 JOHNSON X t7 MULVIHILL X 18 Georgea Hanna, Clerk 19 20 The foregoing resolution is hereby approved this day ovember,2014. 21 TZ;-T G 22 R. Carey Daeernardino, Mayor City of San 23 Approved as to form: Gary D. Saenz, City Attorney 24 25 By: 2 8.d Packet Pg. 91 Attachment: Eco Tierra Agreement (4874 : Amendment No. Two to an Agreement with Eco Tierra Consulting) NARpjN0 Consent Calendar City of San Bernardino Request for Council Action G'i'DED IN 1 Date: March 6, 2017 To: Honorable Mayor and City Council Members From- Mark Scott, City Manager A5 By: Tanya Romo, Assistant to the City Manager Subject: Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark. Background Annie Clark provides general financial administration of the City's Housing Division. She has specialized expertise, knowledge and skills regarding Housing's financial system. Discussion On June 14, 2016, the City Manager authorized a Consultant Services Agreement between the City of San Bernardino and Annie Clark in an amount not to exceed 49,000. Staff has identified the need to amend the agreement to extend the contract by an additional $35,000 for continued financial related support services in the Housing Division. Fiscal Impact If approved, the amount would not exceed $35,000, for a total contract amount of 84,000. Based on the anticipated costs, there are sufficient salary savings to fund the additional services needed for the balance of Fiscal Year 2016-17. Conclusion Staff recommends the Mayor and City Council adopt the Resolution approving the First Amendment to the Consultant Services Agreement. 9.a Packet Pg. 92 Attachment: Annie Clark (4875 : Amendment to Consultant Services Agreement with Annie Clark) Attachments Attachment 1 — Resolution; Exhibit A- First Amendment to the Consultant Services Agreement Attachment 2 — Consultant Services Agreement dated June 14, 2016 Ward: N/A Synopsis of Previous Council Actions: None 9.a Packet Pg. 93 Attachment: Annie Clark (4875 : Amendment to Consultant Services Agreement with Annie Clark) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER ONE TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK WHEREAS, on June 14, 2016, the City Manager authorized a Consultant Services Agreement between the City of San Bernardino and Annie Clark in an amount not to exceed $49,000 for professional financial administrative assistance of the City’s Housing Division; and WHEREAS, there is a continued need for professional financial assistance in the Housing Division; and WHEREAS, Annie Clark has specialized expertise, knowledge and skills to perform such duties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Manager is hereby authorized and directed to execute Amendment Number One to the Consultant Services Agreement with Annie Clark to continue to provide professional financial assistance to the Housing Division, and increase the amount of the contract by $35,000 for a total amount not to exceed $84,000. A copy of said Amendment Number One to Consultant Services Agreement is attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 2: The authorization to execute the above referenced Amendment Number One to Consultant Services Agreement is rescinded if the parties to the Amendment do not execute it within 60 days of the passage of this Resolution. 9.b Packet Pg. 94 Attachment: PSA.Annie Clark.Attachment 1. Resolution (4875 : Amendment to Consultant Services Agreement with Annie Clark) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER ONE TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino, California, at a meeting thereof, held on March 6, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 9.b Packet Pg. 95 Attachment: PSA.Annie Clark.Attachment 1. Resolution (4875 : Amendment to Consultant Services Agreement with Annie Clark) AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK THIS FIRST AMENDMENT is made and entered into as of March 7, 2017, by and between the CITY OF SAN BERNARDINO (“CITY”) and ANNIE CLARK (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On June 14, 2016, the CITY and CONSULTANT entered into that certain agreement entitled “Consultant Services Agreement between the City of San Bernardino and Annie Clark.” (“Agreement”) for $49,000. 2. Section 2.1 Compensation is hereby amended to increase the amount by $35,000, for a total amount not to exceed $84,000. 3. Section 2.2 Other Expenditures is hereby amended to remove the $4,000 monthly invoice limit. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have caused this Amendment Number One to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO CONSULTANT By:___________________________ By:_________________________ Mark Scott Annie Clark City Manager Consultant APPROVED AS TO FORM: By:___________________________ Gary D. Saenz City Attorney 9.c Packet Pg. 96 Attachment: PSA.AnnieClark.Attachment1.EXHIBIT A (4875 : Amendment to Consultant Services Agreement with Annie Clark) CONSULTANT SERVICES AGREEMENT BETWEEN ANNIE CLARK AND CITY OF SAN BERNARDINO This Consultant Services Agreement is entered into this 14th day of June 2016, by and between Annie Clark ("CONSULTANT") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the San Bernardino City Manager's department is in need of a consultant to provide services to the City of San Bernardino; WHEREAS, the CONSULTANT has the expertise to provide such services as described in Exhibit"A". NOW,THEREFORE, the parties hereto agree as follows: 1.0 SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in the Scope of Services attached hereto as Exhibit A" and incorporated herein by this reference to the City Manager's Office. If the conflict arises between the Proposal and this Consultant Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. 1.2. Professional Practices. Alt professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel identified in the Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional CONSULTANT in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that she 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 represent that no CITY employee will provide any services under this Agreement. 1.3. Warranty. CONSULTANT warrants that she shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY fi•om and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the Annie Clark Consultant Agreement 9.d Packet Pg. 97 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. 1.4. Non-discrimination. In performance of this Agreement, CONSULTANT 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, except as permitted pursuant to Section 12940 of the California Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5. Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other CONSULTANT for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assi Went. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without prior written consent of the CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other persomlel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7. Conflicts of Interest, During the term of this Agreement, CONSULTANT shall at all times maintain a duty of loyalty and fiduciary duty as 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. 1.8. CITY Business Certificate. CONSULTANT shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice their profession, skill, and business. 2.0 COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid at the rate of$85. 00/hour for a total amount not to exceed $49,000 as set forth in Exhibit"A." 2.2. Other Expenditures. In no case shall the total cost of the services set forth in Exhibit"A" exceed $4,000 per month, unless the CITY, prior to CONSULTANT performing the additional services, approves such additional amount. No other expenditures made by CONSULTANT, including mileage or miscellaneous expenses shall be reimbursed by the CITY. 2.3. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in Exhibit "A" unless the CITY, Annie Clark Consultant Agreement 9.d Packet Pg. 98 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) prior to CONSULTANT performing the additional services, approves such additional services in writing, It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.4. Method of Billing. CONSULTANT may submit invoices monthly to CITY for approval. Said invoices shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction for the time period billed. CITY shall pay CONSULTANT's invoice within thirty (30) DAYS frorn the date CITY received said invoice. The invoice shall describe in detail, the service performed and the associated time designated for completion. Any additional services approved and performed pursuant to this Agreement shall be designed as "Additional Services" and shall identify the number of the authorized change order, where applicable,on all invoices. 2.5. Records and Audits. 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 period of(3) years from the Effective Date. 3.0 TERM AND NOTIFICATION 3.1. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A", unless the Agreement is previously terminated as provided for herein. 3.2. Termination. CITY and CONSULTANT may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services. 3.3. Document. In the event of termination of this Agreement, all documents prepared by CONSULTANT in her performance of this Agreement shall be delivered to the CITY within ten (10)days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0 GENERAL PROVISIONS 4.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 4.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Annie Clark Consultant Agreement 9.d Packet Pg. 99 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. TO CONSULTANT: TO CITY: Annie Clark Mark Scott 31610 Sweetwater Circle City Manager Temecula, CA 92591 300 North D Street San Bernardino, CA 92418 4.3. 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 expenditures, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 4.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 4.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assigmnent, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 4.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 4.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or an employee of CITY. CONSULTANT shall secure, at her expense, and be Annie Clark Consultant Agreement 9.d Packet Pg. 100 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and her officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT, nor her officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to receive workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and her officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 4.8. Conflict of hiterest Disclosure. CONSULTANT or her employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 4.9. Responsibility, for Errors. CONSULTANT shall be responsible for her work and results under this Agreement. CONSULTANT, when requested, shall fiunish 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 occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 4.10. Prohibited Employment. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 4.11. 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. 4.12. No Third Party Beneficiary. Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 4.13. 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. Annie Clark Consultant Agreement 9.d Packet Pg. 101 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) 4.14. Amendments. Only a writing executed by all of the parties and approved by Council if over $50,000 hereto or their respective successors and assigns may amend this Agreement. 4.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other 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 deem a waiver of any right or remedy with respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 4.16. Severability. if any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 4.17. 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 agreement. 4.18. Corporate 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 Agreements. Annie Clark Consultant Agreement 9.d Packet Pg. 102 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) CONSULTANT SERVICES AGREEMENT BETWEEN ANNIE CLARK AND CITY OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. Dated 2016 CONSUL By: X A'nnie Clark Dated LP 2016 CITY OF SAN BERNARDINO X-'w- By: a Saenz, City Attorney Dated —(Aeli'.-. 2016 CITY OF SAN BERNARDINO By:_ Mark Scott, City Manager Annie Clark C011SUltant Agreement 9.d Packet Pg. 103 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) EXHIBIT A ANNIE CLARK SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO CONSULTANT SERVICES AGREEMENT JULY 1,2016 TO JUNE 30, 2017 1. Consultant shall assist the City of San Bernardino, under the direction of the Housing Division Manager, with the administration of Community Development Block Grant CDBG), Emergency Solutions Grant (ESG), Neighborhood Stabilization Program (NSP 1 and NSP 3); and HOME Investment Partnerships Act (HOME) Program, and LowMod Housing Fund including: Coordinate the preparation and administration of Housing Division budget. Prepare and review revenue projections and expenditure forecasts. Make recommendation on proposals and other budgetary or financial matters. Perform analyses of capital program funding sources. Review and/or approve draw-downs of federal and state grant fiends including Community Development Block Grant (CDBG), Emergency Solutions Grant ESG), Home Investment Partnerships Program (HOME), Neighborhood Stabilization Program (NSP 1 &3), and prepare drawdown reconciliation reports and quarterly reports. Monitor and periodically update operating and capital budgets to reflect budget adjustments and Rinding changes. Prepare analyses, schedules, summaries, journal entries and reconciliation to produce accurate periodic financial reports. Prepare cash flow analysis. Develop database and analyze financial information. Answer questions and compile special reports for departmental use in budget tracking and reporting. Balance and reconcile expenditures to the General Ledger and Budget. Coordinate and assist in the preparation of the audit schedules; analyze, reconcile and prepare year-end adjusting, accruals, and closing entries. Work directly with Housing staff and staff from other departments to resolve technical accounting issues and problems. Annie Clark Consultant Agreement 9.d Packet Pg. 104 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) Research and answer financial and other inquires submitted by staff and other departments. Assist in the preparation of periodic and ad-hoc financial reports, including the Action Plan, the financial sections of the Consolidated Annual Performance Evaluation Report(CAPER), and the Annual Single Audit Report. Review and revise, if necessary, debt schedules. 2. Consultant shall provide training to the City Housing staff on the proper preparation of supporting documentation for HUD required financial reports. 3. Consultant shall be paid at the rate of $85.00/hour for a total amount not to exceed 49,000 per annum, or $4,000 per month unless the CITY, prior to CONSULTANT performing the additional services approves such additional amount. 4. The Agreement is for the period starting July 1, 2016 and ending June 30, 2017. Annie Clark Consultant Agreement 9.d Packet Pg. 105 Attachment: Annie Clark Agreement (4875 : Amendment to Consultant Services Agreement with Annie Clark) AR0j 0 Consent Calendar City of San Bernardino 10' Request for Council Action D[ N Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gary Saenz, City Attorney By: Jolena Grider, Chief Assistant City Attorney Subject: Employment Agreement with City Manager Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Mark Scott. Background On February 6, 2016, the City entered into a one year Employment Agreement with Mark Scott for the position of City Manager. The Agreement expired on February 7, 2017. On February 21, 2017, the Mayor and City Council approved an employment agreement with Mark Scott through March 7, 2016. Discussion On January 21, 2017, City Council discussed and provided direction extending the Employment Agreement on a month to month basis and present it for Council consideration at the Mayor and City Council Meeting of February 6, 2017. As the regular Mayor and City Council meeting could not be held due to lack of posting of the agenda, a Special Meeting was held. Pursuant to State Law (The Brown Act), employment agreements may not be considered at special meetings of the City Council. The Mayor extended the agreement until the proposed employment agreement could be considered at the February 21, 2017 meeting. On February 21, 2017, the Mayor and City Council approved an employment agreement retroactively through March 7, 2017. Fiscal Impacts The City Manager's salary is included in the City's FY 2016-17 Adopted Budget. Conclusion Staff recommends the Mayor and City Council adopt the Resolution approving the Employment Agreement between the City of San Bernardino and Mark Scott. 10.a Packet Pg. 106 Attachment: Employment Agreement City Manager (4876 : Employment Agreement with City Manager) Attachments Attachment 1 Resolution; Exhibit A- Employment Agreement dated March 8, 2017 Attachment 2 Employment Agreement dated February 8, 2017 Attachment 3 Employment Agreement dated December 21, 2015 Ward: All Synopsis of Previous Council Actions: 10.a Packet Pg. 107 Attachment: Employment Agreement City Manager (4876 : Employment Agreement with City Manager) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO COMMENCE ON MARCH 8, 2017. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized to execute on behalf of the City the Employment Agreement for City Manager between the City of San Bernardino and Mark Scott, attached hereto as Exhibit “A” and incorporated herein. /// /// /// /// /// /// /// /// /// /// /// /// /// 10.b Packet Pg. 108 Attachment: Scott City Manager Agreement Reso 2017-2 (4876 : Employment Agreement with City Manager) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO COMMENCE ON MARCH 8, 2017. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this ________ day of ______________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 10.b Packet Pg. 109 Attachment: Scott City Manager Agreement Reso 2017-2 (4876 : Employment Agreement with City Manager) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ____ day of March, 2017, by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and MARK SCOTT, an individual ("Scott"). WITNESSETH WHEREAS, City has the need for the services of a City Manager, and WHEREAS, Scott is competent, trained and qualified for the position of City Manager, and WHEREAS, the parties desire to enter into this Agreement to outline the duties and responsibilities of the parties. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. APPOINTMENT. Scott is currently appointed to, and does hereby accept such continuation of said appointment of the office of City Manager of the City of San Bernardino to commence on March 8, 2017. 2. TERM. The term of this Agreement shall be on a month to month basis, unless amended or terminated under the terms of this Agreement. 3. TERMINATION. Under the terms of this appointment, Scott serves as an "at will" employee and may be terminated at any time, with or without cause pursuant to the provisions of the San Bernardino City Charter and this Agreement. Nothing in this Agreement, the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any vested right in such appointment or in employment with the City. a. The City may terminate this Agreement without cause, or Scott may voluntarily resign his position, by providing the other party written notice of termination or resignation at least thirty (30) days prior to the effective date of such termination or resignation, unless the parties mutually agree to waive or alter the time required for such notice. 10.c Packet Pg. 110 Attachment: Scott Employment Agreement.Attach1.Exhibit A (4876 : Employment Agreement with City Manager) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 b. Scott shall have no right to any severance payment, and shall only be entitled to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as amended, or its successor, upon the occurrence of any of the following events: (i) upon written notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of Scott; or (iii) upon Scott’s termination for cause. c. For purposes of this section, “cause” is defined as: (i) a willful breach of this Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager’s duties, or (iii) any acts of dishonesty, fraud, misrepresentation, or other acts of moral turpitude. For purposes of this section, “loyalty” is defined as the duty of the City Manager to avoid fraud, bad faith, usurpation of city government opportunities and self-dealing. 4. SALARY. Scott shall be compensated at the annual Salary set at Range 4731 ,Step 21, equal to Two Hundred and Forty-eight thousand and seventy-six dollars ($248,076.00). This salary shall be paid bi-monthly at the same time as other City employees. In accordance with applicable City policies and procedures, Scott shall be reimbursed for reasonable expenses incurred on behalf of the City in the performance of his duties and responsibilities as City Manager. 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package established for the Management/Confidential Group, including but not limited to, health, dental, vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as provided in Resolution 2007-345 as amended or its successor. Scott shall receive Administrative Leave consistent with Resolution No. 2007-345 as amended or its successor. For purposes of "vacation leave" and "administrative leave," Scott shall be provided an annual bank of one hundred sixty (160) hours of combined vacation and administrative leave (four weeks). Any other benefits not specifically addressed in this Agreement shall be consistent with the Management Confidential Group. 6. HOUSING ASSISTANCE. Scott will be entitled to rental reimbursement of up 10.c Packet Pg. 111 Attachment: Scott Employment Agreement.Attach1.Exhibit A (4876 : Employment Agreement with City Manager) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 to $1500.00 per month for a rental in the City limits. Any taxes, security deposits or utilities not included in the rent shall be the sole responsibility of Scott. 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. Any correspondence, letters, documents or discussions leading up to this Agreement or in any other way made between the parties or their agents are replaced and superseded by this Agreement. 9. NONSEVERABILITY. The provisions of this Agreement are not severable one from the other. Should any of the provisions of this Agreement be determined invalid or unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this Agreement in its entirety shall thereupon become null and void. 11. AMENDMENT. This Agreement may only be amended by a written agreement executed by the parties, and may not be amended by oral agreement. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 10.c Packet Pg. 112 Attachment: Scott Employment Agreement.Attach1.Exhibit A (4876 : Employment Agreement with City Manager) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. ATTEST: CITY OF SAN BERNARDINO By:_______________________ By:_______________________ Georgeann Hanna, City Clerk R. Carey Davis, Mayor MARK SCOTT _______________________ Approved as to Form: Gary D. Saenz, City Attorney By:_______________________ 10.c Packet Pg. 113 Attachment: Scott Employment Agreement.Attach1.Exhibit A (4876 : Employment Agreement with City Manager) 10.d Packet Pg. 114 Attachment: CMAgreement_Attachment2 (4876 : Employment Agreement with City Manager) 10.d Packet Pg. 115 Attachment: CMAgreement_Attachment2 (4876 : Employment Agreement with City Manager) 10.d Packet Pg. 116 Attachment: CMAgreement_Attachment2 (4876 : Employment Agreement with City Manager) 10.d Packet Pg. 117 Attachment: CMAgreement_Attachment2 (4876 : Employment Agreement with City Manager) 10.e Packet Pg. 118 Attachment: Scott Employment Agreement.Attach 3 (4876 : Employment Agreement with City Manager) 10.e Packet Pg. 119 Attachment: Scott Employment Agreement.Attach 3 (4876 : Employment Agreement with City Manager) 10.e Packet Pg. 120 Attachment: Scott Employment Agreement.Attach 3 (4876 : Employment Agreement with City Manager) 10.e Packet Pg. 121 Attachment: Scott Employment Agreement.Attach 3 (4876 : Employment Agreement with City Manager) O gNAROI o Consent Calendar City of San Bernardino Request for Council Action G'DED IN 10 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Dan Webster, Consultant Subject: Relocation Related Agreements Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to approve payments for move related services in an amount not to exceed $150,000. Background To address the urgent need to relocate City staff from City Hall, which has been determined to be seismically unsafe, the City Council has approved three (3) leases for office space in buildings near the City Hall Plaza. Relocation of City operations is a significant undertaking requiring inventorying of furniture; matching furniture to leased spaces, consolidating City records into smaller spaces and moving furniture, equipment, computers and copiers. The City retained an experienced move management consultant to conduct the inventory and to map floor plans to move approximately two hundred (200) City staff and officials into the new office space. Some of the new office locations have existing furniture that is in good condition. Conversely, some of the existing furniture being utilized in City Hall is not in very good condition. Virtually all of the work station panels in City Hall do not meet current building code. City staff was able to locate a cache of furniture that was purchased by the former Economic Development Agency and housed in an empty department store at the Carousel Mall. This furniture, which is primarily work stations, will provide adequate replacements for the poor quality existing furniture that should designated for disposal. The furniture at Carousel Mall allows the City to avoid purchasing new furniture to facilitate the move. The actual move dates are dependent upon the installation of the computer data network connection to the buildings. This service is being provided by a third party under a contract approved by the City Council in November, 2016. Currently, the move is planned for two phases on two consecutive weekends. City officials and staff will 11.a Packet Pg. 122 Attachment: Relocation Related Agreements (4877 : Relocation Related Agreements) leave City Hall offices on Thursday and return to the new office space on Monday morning. Staff does not anticipate any closures of City services to the public. There will be pre-move activity by the movers who will need to transport and assemble work station components in each of the new buildings. The actual move will involve: transport of office furniture, equipment, appliances and supplies from City Hall to new locations; transport of selected furniture between the office spaces; transport of all department files to new office spaces or archival file storage locations, transport of confidential files under a restrictive process; and the disconnect, transport and re- connect of computer equipment. A request for proposals (RFP) for the move services has been drafted and will be publicly circulated. The RFP requires moving companies to have demonstrated experience and expertise with this type of office move. The company will verify that the employees have been vetted and experienced in a move of the type. A panel comprised of City staff and the move management consultant will review the competitive submittals to determine if the information is responsive to the requirements of the RFP and will check the references. The panel will recommend the best choice as measured by the experience of the mover and the cost proposal for the move. Cost estimates for this move have been provided by the move management company. All move operations will be supervised by the move management consultant and detailed plans and specifications have been drafted to provide instructions to the movers and City employees to make the move as accurate and streamlined as possible. This spending authority will also cover additional costs for the move management consultant that are primarily related to an expanded furniture inventory in the various locations. Financial Impact In order to expedite the move process, the Mayor and City Council are being asked to authorize the City Manager to contract with a moving company and approve move related expenses and any additional costs needed for the move management consultant in an amount not to exceed $150,000. The move related expenses will be funded out of the $1,600,000 appropriated in the FY 2016-17 Adopted Budget for the relocation of staff into suitable space. Attachment Attachment 1- Resolution Wards: All Synopsis of Previous Council Actions: None 11.a Packet Pg. 123 Attachment: Relocation Related Agreements (4877 : Relocation Related Agreements) 11.b Packet Pg. 124 Attachment: RelocationReso (4877 : Relocation Related Agreements) 11.b Packet Pg. 125 Attachment: RelocationReso (4877 : Relocation Related Agreements) AR0 0 S c Staff Report City of San Bernardino Request for Council Action G''DED IK 1 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager A(.? By: Dan Webster, Consultant Subject: IDS Group Engineering and Design Services Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with IDS Group for engineering and design services related to several structures in the City Hall Plaza, in an amount not to exceed $1,009,540. Background City staff has identified a need for engineering design services to address critical issues affecting several structures in the City Hall Plaza. Of particular note are the seismic upgrades and updates to the heating, ventilation and air conditioning systems, mechanical, electrical and elevators necessary to permit the 201 E Street Building to become an interim replacement for City Hall until the City Council is able to make a decision on the long range plans for City Hall. The other needs include seismic upgrades to stabilize City Hall until a long term decision is made; repair work needed to prevent structural damage to the City Hall parking structure; repair work to prevent water from further damaging the Convention Center, and a structural evaluation and upgrade design of the Carousel Mall parking structure. As a way to fund some of the necessary seismic upgrades, the City has retained a grant writer/consultant, Engineering Solutions Services (ESS), with specific experience working with the California Office of Emergency Services (Cal OES) to obtain Federal Emergency Management Agency (FEMA) funding. Because of the substantial history IDS Group has with the City, staff would like IDS to work closely with ESS to provide the structural analysis needed for the grants. Two grant proposals will be submitted. One proposal will be for the 201 North E Street Building; the City Parking Structure and the Carousel Mall Parking Structure. The second grant proposal will be for City Hall. The City Hall engineering and design work will be phased as such: 12.a Packet Pg. 126 Attachment: IDS Engineer Group (4878 : PSA- IDS Group Engineering and Design Services) Phase I — engineering and design for a project to stabilize the building to prevent catastrophic collapse that may damage other structures. Phase II — engineering and design work for complete seismic structural rehabilitation of the building to allow re-occupation of the building. The Mayor and City Council will need to authorize the Phase II engineering and desiqn by a subsequent City Council action. Preliminary estimates of the cost to re-occupy the City Hall Building are $15 million for seismic structural upgrades and $15-20 million for building systems upgrades to achieve compliance with subsequent building and safety code requirements. These numbers are estimates and a separate engineering evaluation is recommended to refine these costs. IDS Group provided the February 2016 Seismic Performance Assessment on City Hall and the August 2016 Seismic Assessment on 201 E Street; performed seismic strengthening work on the City Hall parking structure in 2002, and reviewed seismic assessments of the three (3) buildings that the City will be leasing until the 201 E Street building can be occupied. As a result, IDS Group is very familiar with the structures and needs of the City and uniquely qualified to perform further work for the City. City staff recommends utilizing the services of IDS Group for the development of plans and specifications for the needed remedial work and to assist the City in the application for grant funds for the seismic upgrade of 201 E Street and stabilization of City Hall. The specific projects IDS Group would address are listed below, with pricing estimates. Project descriptions are in the Draft Scope of Work (Attachment 2). 1. Engineering Support for the Office of Emergency Services Grant Proposals Estimated Fee: $6,000 2. Design for the City Hall Plaza Waterproofing and Convention Center Drainage Plumbing Estimated Fee: $50,000 3. Design for the Waterproofing of the 5th Level of the City Hall Parking Structure Estimated Fee: $35,000 4. Seismic Structural Evaluation and Upgrade Design of the Carousel Mall Parking Structure Estimated Fee: $250,000-$300,000 5. Phased Design of the City Hall Seismic Structural Upgrade Estimated Fee: $320,000 for Phase 1 6. Design of the Seismic Structural Upgrades of the 201 E Street Building 12.a Packet Pg. 127 Attachment: IDS Engineer Group (4878 : PSA- IDS Group Engineering and Design Services) Estimated Fee: $198,540 7. Design of the Mechanical, Electrical and Elevator System Replacement in the 201 N. E Street Building Estimated Fee: $100,000 Financial Impact The total engineering and design costs of the projects outlined above will be approximately $1,009,540. The engineering and design work will be phased so that some of the funding will occur during FY 2016/17 for which adequate budgeted funds exist, and the remaining amounts needed to complete the contract will be included in the FY 2017/18 budget. While most of the costs will be spent from the General Fund resources, grants are being pursued for portions of this will lessen the overall burden to the General Fund. Those grant fund amounts are unknown at this point, but if awarded, the City Council will be made aware. Attachments Attachment 1 Resolution; Exhibit A — Scope of Work Wards: All Synopsis of Previous Council Actions: None 12.a Packet Pg. 128 Attachment: IDS Engineer Group (4878 : PSA- IDS Group Engineering and Design Services) This page left blank intentionally 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGGREEMENT WITH IDS GROUP FOR ENGINEERING AND DESIGN SERVICES RELATED TO SEVERAL STRUCTURES IN THE CITY HALL PLAZA FOR AN AMOUNT NOT TO EXCEED $1,009,540 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute an agreement with IDS Group for engineering and design services related to several structures in the City Hall Plaza for an amount not to exceed $1,009,540. SECTION 2. The City Manager is hereby authorized to execute any other such documents as may be necessary to effectuate the intention of this resolution. SECTION 3. The Director of Finance is hereby authorized to issue the necessary Purchase Orders to carry out the intention of this resolution. // // // // // // // // // // // 12.b Packet Pg. 129 Attachment: IDS Engineering-Design Services Reso (4878 : PSA- IDS Group Engineering and Design Services) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGGREEMENT WITH IDS GROUP FOR ENGINEERING AND DESIGN SERVICES RELATED TO SEVERAL STRUCTURES IN THE CITY HALL PLAZA FOR AN AMOUNT NOT TO EXCEED $1,009,540. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 12.b Packet Pg. 130 Attachment: IDS Engineering-Design Services Reso (4878 : PSA- IDS Group Engineering and Design Services) Draft Scope of Work and Cost Estimates for Agreement with IDS Group for Engineering and Design Services for Capital Projects Associated with City Hall Plaza 12.c Packet Pg. 131 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services) Engineering and Design Services Scope of Work (1) Engineering Support for the Office of Emergency Services - Grant Proposal The City of San Bernardino has hired “Engineering Solution Services” ESS as a grant writer with the objective of assisting the city in evaluating funding opportunities for the City seismic projects. ESS requires the assistance of the City staff and its structural engineer to provide needed data and assist in presenting the seismic building deficiencies of the City Hall and adjacent properties. The Scope of Work of IDS includes:  Attend meetings with ESS and the City of San Bernardino to discuss funding opportunities.  Assist ESS in explaining the seismic hazards of the considered facilities.  Review the Grant Application Package.  Present findings during meetings with the State Office of Emergencies Services Estimated IDS Fee: $6,000 (2) Design for the City Hall Plaza Waterproofing and Convention Center Drainage Plumbing The design of the San Bernardino Convention Center incorporates an elevated plaza above the Center. The area of the elevated deck is approximate 22,000 SF. The plaza is connected to the buildings west of the plaza by an elevated walkway and the walkway, plaza, and stairs serve as part of the required exit system for these buildings. The elevated plaza also provides pedestrian links to a closed hotel, city hall, a parking structure to the south and a surface parking lot to the north. Water intrudes into the Convention Center from the elevated plaza deck and planters above the Convention Center. The source of this water intrusion is believed to be  Leaks within the waterfall fountain system located above the northerly area of the Convention Center,  Storm water leaking through the plaza deck,  There are areas where standing water has gathered because the deck drains aren’t at the plaza low points,  Steps and walkways in some locations have settled creating trip hazards, and  Storm water and perhaps irrigation water leaking through the elevate planters located along the southerly area of the Convention Center. The City wishes to do the following:  Take the fountain out of service; 12.c Packet Pg. 132 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services)  Find the source of leaks in the plaza deck and planters;  Remove planting and shut off the irrigation at the planters; and  Fence off the plaza to the public while retaining required access/egress elements for other buildings. Scope of Services  IDS will investigate the likely source of storm water intrusion of the plaza deck by means of selective destructive testing. We anticipate the source to be in and around drains and we will focus our investigation there.  IDS will develop designs which correct for the plaza standing water issue and settlement/trip hazard locations.  IDS will develop plans for taking the fountain and elevated planters out of service.  IDS will design a fencing system that closes the plaza to the public to the maximum degree practical while retaining required egress circulation and connections from parking areas to City Hall. Estimated IDS Fee: $50,000 (3) Design for the Waterproofing of the 5th Level of the City Hall Parking Structure The parking structure located to the south of the City of San Bernardino City Hall is constructed of precast and cast in place concrete and is four stories in height. It is located on West 2nd Street between North D Street and North E Street. Ponding has been observed at all levels of the parking structure. The majority of the ponding has been observed along the girder lines and near the edges of the structure at the ramps and stairways. A cursory investigation of the structure seems to indicate that ponding on the roof and debris in the trench drains at the ramps has resulted in water intrusion into the lower levels of the structure. In addition, previous improvements to the roof, including the installation of an elastomeric coating along the girder lines, have reached the end of their usable design life. The scope of work needed to alleviate the ponding issue and prevent future issues at all levels of the structure includes the following:  IDS will perform a complete survey of the surface elevations of the roof level in order to determine the existing low points where water is collecting.  Install new drainage system at the low points to direct the water to an appropriate storm water system.  Clean and hydro-jet existing trench drains to ensure the proper flow of water can be maintained during storm events.  Repair existing elastomeric coating strips and repair areas at the roof that need to be mitigated against corrosion and spalling. 12.c Packet Pg. 133 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services) Estimated IDS Fee: $35,000 (4) Seismic Structural Evaluation of the Carousel Mall Parking Structure The City needs an evaluation of the Carousel Mall structural integrity. This is a multi-level reinforced concrete parking structure with approximately 1200 car spaces. A report that was performed in 2011 showed the seismic vulnerability of this structure. The Community Development Department just made a presentation to the City Council and stated that the parking structure would remain in the redevelopment of the site. It is possible to include this structure in the Grant application. According to the previous seismic report the Carousel parking structure was constructed at the time when the mall was constructed in 1971. It is constructed of cast-in-place haunched beams and ribbed slab, supported on non-ductile concrete cast-in-place columns. These columns provide the entire gracility and lateral structural system. This is the same column configuration used in the City Hall parking structure which was retrofitted with fiber composites wraps. According to the report, the Carousel parking structure would most likely fail during a major seismic event. At this time, the City needs to:  Evaluate the seismic vulnerability of the parking structure.  Provides schemes of upgrade.  Provide cost estimate of upgrade.  Construction Documents The Construction cost of the project is estimated to be $3M. Demolishing the parking structure and building a new parking structure at the same location for 1,200 cars will cost between $25 M to $30 M. The project is performed in two phases: Phase I: Seismic assessment and Phase 2: Construction Documents Total IDS Fees for the two phases is estimated at $300K. (5) Phased Design of the City Hall Seismic Structural Upgrade The intent of this phased seismic strengthening is to improve the expected seismic performance of the existing structural system of the City Hall to achieve a collapse prevention Performance Objective as defined below. Non-structural systems and building exterior cladding (screen walls) are excluded from the scope of the seismic improvement. The collapse prevention Performance Objective is a Limited Objective lower than the Basic Performance Objective for Existing Buildings (ASCE 41-13, Section 2.2.1), a performance level that is comparable to current building Codes. It is required that this strengthening measure will be part of the overall future measures needed to upgrade the building to higher seismic performance levels. 12.c Packet Pg. 134 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services) Collapse Prevention Performance Objective Collapse Prevention under a seismic hazard level of BSE-1E. Collapse Prevention structural performance is defined in ASCE 41-13 Section 2.3.1.5 and BSE-1E is a seismic hazard with mean return period of 225 years (20% probability of exceedance in 50 years, defined in ASCE 41-13 Section 2.4.1.4). Strengthening Measures  Ductility enhancement of existing non-ductile Reinforced Concrete frames by Fiber-wrapping the existing concrete beams and columns, as well as beam-column joints to achieve a deformation capacity that can withstand an expected story drift angle in the order of 3%.  Lateral stiffness enhancement of the structural system by introducing new special steel moment frames (SMRF’s) at strategic locations. Along the longitudinal direction of the building, new SMRF’s will be added along lines D and C in the lower two stories. Along the transverse direction of the building, new SMRF’s will be added in the lower two stories in all grid lines (7 through 15), and in the 3rd and 4th stories at the east and west ends of the building (Gridline 7 and 15). The intent of this measure is to correct the soft-story at the 1st story and the torsional irregularity deficiencies of the existing frame system. With the addition of new SMRF’s, the inter-story drift demand is expected to be reduced to a level acceptable for the fiber-wrap enhanced existing concrete frames. The SMRF’s added will consist of heavy plated steel columns located at four corners around the existing concrete columns, with heavy W18 steel girders, similar to the concept depicted as the Interior Solution in IDS’s earlier Seismic Performance Assessment Report except that these new SMRF’s will be added in the lower stories of the building only.  Associated strengthening of existing concrete diaphragm and collector as required to complete the load path of the new SMRF’s. The proposed strengthening measures are based on preliminary analysis and engineering judgment, and subjected to validation and finalization by further analysis and constructability review. The project is divided into two phases: The first phase is to address the scope of work identified above (i.e. providing collapse prevention measures). The estimated construction cost is $4 M. The second phase will include retrofit to conform to continuous operation level (construction cost is estimated at $8 to $10 M and hopefully will be covered by future years grants.) It is expected that IDS fees is 8% of these costs (covering all disciplines) accordingly IDS Fees for phase one is $320,000 (Phase 1) and $600,000 to $800,000 for the second phase. (6) Design of the Seismic Structural Upgrades of the 201 N. E Street Building Prior investigation of Building 201 performed by IDS was based on a project goal of preserving life safety in the event of a major earthquake. The present thinking by the City is that because the City’s critical IT operations will be relocated to the South Building, the criteria for seismic retrofit should be a “must operate” seismic standard. Translating the City’s “must operate” intent to the proposed project seismic design criteria, ASCE 41-13 “Seismic Evaluation and Retrofit of Existing Buildings” (which is the prevailing 12.c Packet Pg. 135 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services) national standard for this type of work) suggests the following basis of design for seismic analysis and retrofit. The elements listed below represent achieving a seismic performance level of the building and selected nonstructural systems associated with IT operations that is equivalent to the performance level for a new building designed as an Essential Facility (e.g. an EOC, fire station or hospital):  Seismic Risk Category IV, Essential Facility.  Tier 3 seismic evaluation procedures.  Operational Level of seismic performance.  Building structural retrofit: Immediate Occupancy/BSE-1N and Life Safety/BSE-2N (ASCE 41-13, Section 2.2.4, Table 2-2).  Nonstructural systems retrofit: Defer to new Essential Facility criteria in ASCE 7-10 using Ip = 1.5 (ASCE 41-13, Section 2.3.2.1). Note that because the South Building is immediately adjacent to the North Building, and the North Building provides for egress to and from the South Building, it is important that both the North and South Buildings maintain the same level of structural/seismic performance. Therefore, the scope of work tasks set forth below apply to both buildings:  Participate in initial team site visits and scoping discussions in order to plan the project approach for proposal and work plan development purposes.  Conduct site visits as necessary to supplement as-constructed information based on the available record drawings.  Perform Tier 3 seismic analyses of the South Building and North Building in accordance with project seismic criteria.  Identify seismic deficiencies and develop concepts for seismic retrofit.  Prepare construction documents and supporting calculations suitable for plan check approval and construction, and incorporate plan check comments. Work includes seismic retrofit of the building structures, as well as seismic anchorage and bracing of nonstructural systems that are critical to IT operations.  Project team meetings during the design phase involving Principal-in-Charge and Project Manager. We understand that the Intent of the City is to apply for State/FEMA funding for the Seismic upgrade project. IDS has submitted previous proposals for this work: For Seismic improvements to 201 S the fee was ($94,270). In Addition, there was a $10,000 budget for geotechnical report. For Seismic improvements to 201 N building the fee is expected to be the same (i.e. $94,270). The Construction is assumed to cost $2M. Total estimated fee $198,540. (7) Design of the Heating, Ventilation and Air Conditioning System Replacement in the 201 N. E Street Building This scope includes only the three story portion of the building at the address noted above. Based on IDS preliminary findings: 12.c Packet Pg. 136 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services)  Review of available record drawings.  (2) Day site survey for each engineering discipline to gather as much information on the building and it’s systems as is needed to generate the design documents.  Prepare calculations to determine ventilation and cooling/heating requirements. Where re zoning is being considered, heating/cooling calculations will be prepared for proposed zoning.  Prepare CAD drawings showing demolition and new systems.  Provide a sequence of operation for the system and provide new control schematics.  ROM estimates of probable cost will be prepared.  All mechanical design and calculation shall conform the 2106 version of T24 and Cal Green code  Plans will be submitted to the City of San Bernardino for review and permit.  Include associates electrical and structural engineering efforts combined with the Mechanical work.  Title 24 improvements to the building  New ceiling tile and LED lighting  Generator Design  Elevator –upgrades and repair/ replacement.  Prepare Calculations for water use and fixture counts per the 2016 California Plumbing Code (CPC).  Assume that the bathrooms will be kept in the same locations to the greatest extent possible and that the primary renovations will be to address current ADA requirements. With this in mind, the majority of the existing piping is to be saved and re-used.  Condition assessment of existing piping systems would be performed by others. If deficiencies are discovered, they can be addressed in the design drawings.  Modify existing plumbing plans and isometric drawings to accommodate any changes to the existing system (sanitary and domestic).  Condensate drains and will be included in the mechanical drawings.  The Expected consulting budget of the above work is estimated to be $100,000. 12.c Packet Pg. 137 Attachment: IDS Design Services Scope of Work (4878 : PSA- IDS Group Engineering and Design Services) This page left blank intentionally gNARDl` O Consent Calendar a`City of San Bernardino 1910' Request for Council Action DED IN Date: March 6, 2016 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager WS By: Edward Flores, Housing Division Consultant Diane Cotto, CDBG Coordinator Subject: St. Bernardine Senior Housing Property Subordination of a Deed of Trust Recommendation Adopt the Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the subordination of a deed of trust to refinance a senior mortgage for the St. Bernardine senior housing property located at 550 W. 5th Street, San Bernardino. Background St. Bernardine senior housing complex is located at 550 West 5th Street and is owned by St. Bernardine Plaza Co. (St. Bernardine), a California non-profit corporation. In 1982, St. Bernardine built a 150-unit affordable senior rental housing complex with HUD 202 funds. With the exception of two units, all housing units are set aside for no less than 30 years for very low-income seniors (50% of area median income or below) over the age of 62 years. Amenities include a common area, library, laundry facility and recreation rooms. On February 2, 2004, a $300,000 HOME Investment Partnerships (HOME) Grant agreement was approved by the Community Development Commission for the City of San Bernardino Redevelopment Agency to assist St. Bernardine in the rehabilitation (e.g. Americans with Disabilities Act compliant elevator and exterior painting) of the building. For these funds, the City received a 15 year affordability covenant on the property requiring all rental units to remain affordable. On June 20, 2005, an amendment to the original HOME agreement was made to increase the total HOME award to $700,000 (an additional $400,000) to allow St. Bernardine to install security lighting and construct 35 carports. In return for this added financial support, the City received an additional 15 years of affordability covenants on the property. The affordability period is now set to expire by February 1, 2034. 13.a Packet Pg. 138 Attachment: St. Bernardine Sernior Housing (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) Discussion St. Bernardine is seeking approval to refinance their existing $7.5 Million first mortgage loan to reduce the original interest rate from 7.63% to 3.40%. To proceed with the refinance of the first mortgage loan, the new lender (Berkadia Commercial Mortgage, LLC) and title company (Commonwealth Land Title Company) require the Agency's deed of trust to be expressly subordinated to the new first deed of trust. St. Bernardine has submitted a subordination request to the San Bernardino Successor Housing Agency (formerly the Redevelopment Agency) and the application for the new loan has been tentatively underwritten and approved awaiting approval of the subordination agreement. Refinancing this agreement will not remove this covenant. Staff recommends that the City Manager, or his/her designee, be given the authority to sign and cause to be recorded the subordination agreement and associated documents which will allow St. Bernardine to refinance their primary mortgage loan, with the remaining 30 year affordability covenant to remain in full force. Fiscal Impact There is no financial impact to the City or the Successor Housing Agency. HOME Investment Partnerships (HOME) funding was granted to St. Bernadine in exchange for an affordability covenants that restricts the affordability of the property to income eligible senior citizens for no less than 30 years. With additional covenants required as part of the additional financing, the covenants are set to expire February 1, 2034. Conclusion It is recommended the Mayor and City Council, acting as the Successor Housing Agency, adopt the attached Resolution. Attachments Attachment 1 — Resolution Attachment 2 — Amendment and Rider to St. Bernardine Plaza Corporation HOME Regulatory Agreement, Property Use and Covenant Ward: 1st Ward Synopsis of Previous Council Actions: June 20, 2005 - Resolution # adopted by the Community Development Commission approving the $400,000 HOME grant to install security lighting and construct 35 carport spaces at 550 West 5t" Street, San Bernardino, a 150-unit affordable senior rental housing complex. February 2, 2004 - Resolution # adopted by the Community Development Commission approving the $300,000 HOME grant to make necessary exterior repairs and install an American with Disabilities Act (ADA) compliant elevator at 550 West 5th Street, San Bernardino, a 150-unit affordable senior rental housing complex. 13.a Packet Pg. 139 Attachment: St. Bernardine Sernior Housing (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SUBORDINATION OF A DEED OF TRUST TO REFINANCE A SENIOR MORTGAGE FOR ST. BERNARDINE SENIOR HOUSING PROPERTY LOCATED AT 550 W. 5TH STREET, SAN BERNARDINO WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172(a)(1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino previously elected to serve in the capacity of the Housing Successor (the “Successor Housing Agency”) to the Redevelopment Agency of the City of San Bernardino (the “Former RDA”); and WHEREAS, the City of San Bernardino is a direct recipient of HOME Investment Partnership Program (HOME) funds from the United States Department of Housing and Urban Development (HUD); and WHEREAS, during 2004, the City of San Bernardino gave the former Redevelopment Agency of the City of San Bernardino (the “Former RDA”) the responsibility of administering the City’s HOME Program; and establishing the operating practices, funding allocation procedures, and general oversight requirements pursuant to 24 CFR 92; and WHEREAS, on February 2, 2004, the Former RDA entered into a $300,000 HOME agreement with St. Bernardine Plaza Co. (Participant) to rehabilitate their property located at 550 West 5th Street in San Bernardino, known as the St. Bernardine’s senior housing complex; and WHEREAS, the St. Bernardine’s senior housing complex is a 150-unit affordable senior rental housing complex; and WHEREAS, with the exception of two units all units are set aside for very low- income seniors (50% of area median income or below) over the age of 62 years; and WHEREAS, on June 20, 2005, the Former RDA amended the original HOME agreement with the Participant to increase the grant amount to make additional improvements to the senior housing complex; and WHEREAS, the original HOME grant amount of $300,000 was increased by $400,000 for a total of $700,000 in HOME funds to pay for the installation of an new 13.b Packet Pg. 140 Attachment: St Bernardine Refi.Resolution (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Americans with Disabilities Act (ADA) compliant elevator and security lighting, exterior painting and construction of 35 carports; and WHEREAS, in return for the $700,000 in HOME funds to make the necessary improvements, the Participant agreed to maintain the property as an affordable rental housing complex for income qualified senior citizens for no less than 30 years (expiration date February 1, 2033); and WHEREAS, the Participant desires to refinance their primary mortgage loan with HUD and enter into a new primary mortgage loan with a new lender (Berkadia Commercial Mortgage, LLC) that will offer them lower interest rate (7.63% to 3.40%) that would allow the Participant to save thousands of dollars per year and make approximately Fifty Three Thousand Four Hundred Dollars ($53,400) in repairs and alterations to the building; and WHEREAS, the Successor Housing Agency holds a secondary lien to this property that requires the Participant to maintain the affordability period for St. Bernardines senior housing complex for no less than 30 years (expiration date is February 1, 2033); and WHEREAS, the Successor Housing Agency agrees to the conditions of the refinance pursuant to the subordination agreement as long the Successor Housing Agency’s lien remains in second position for the duration of the affordability period; and WHEREAS, HUD requires a specific form called “the Amendment and Rider to St. Bernadine Plaza Corporation HOME Regulation Agreement, Property Use and Covenant” that must be signed by the City in order to subordinate the original agreement; and WHEREAS, the HUD may require some minor changes to the attached document and any related documents in order to process the request for subordination and where, in these instances, the City may use its own discretion in making these minor corrections. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. That the Mayor and City Council do hereby authorize the City Manager, Assistant City Manager, or their designee, to sign Amendment Number 2 to the 2004 HOME Grant Agreement by the Redevelopment Agency of the City of San Bernardino (now Successor Housing Agency) and St. Bernardine Plaza Corporation, a California non-profit Corporation and any related documents. SECTION 2. The Resolution shall become effective immediately upon its adoption. /// /// /// 13.b Packet Pg. 141 Attachment: St Bernardine Refi.Resolution (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SUBORDINATION OF A DEED OF TRUST TO REFINANCE A SENIOR MORTGAGE FOR ST. BERNARDINE SENIOR HOUSING PROPERTY LOCATED AT 550 W. 5TH STREET, SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the 6th day of March, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this 6th day of March, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 13.b Packet Pg. 142 Attachment: St Bernardine Refi.Resolution (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 143 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 144 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 145 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 146 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 147 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 148 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 149 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) 13.c Packet Pg. 150 Attachment: Rider_Item16 (4879 : St. Bernadine Senior Housing Property Subordination Deed of Trust) This page left blank intentionally NAR,q P cConsent Calendar City of San Bernardino lo' Request for Council Action G'r'ED IN 10 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Jarrod Burguan, Chief of Police Robert Young, Lieutenant Subject: Purchase and Installation of New Flooring at Police Headquarters Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the appropriation of an additional $20,000 into the FY2016/17 Adopted Budget from the Development Impact Fees Fund, issuance of a Purchase Order to G&S Carpet Mills, Inc. and execution of a Vendor Services Agreement between the City of San Bernardino, California, and G&S Carpet Mills, Inc. Background The Police Department building, which was constructed in 1996, is now over 20 years old, and the flooring is worn and creating a trip and fall hazard for members of the public and City employees. In 2016, some of the most aged and worn out areas were replaced, and the remainder of the project needs to be completed. Discussion A Request for Quotes (RFQ) was issued on January 5, 2017. A copy of the RFQ is included as Attachment 1. Quotes were submitted by two vendors, and G & S Carpet Mills, Inc. is the selected vendor as the lowest bidder at $169,795.44. Fiscal Impact Funding is available in the Development Impact Fees Fund (DIFF). The Adopted FY2016/17 budget includes $150,000 in the Police DIF fund 261-210-0114-5505. The lowest bid received exceeds this budget amount; therefore, staff requests the Mayor and City Council appropriate an additional $19,795.44 from DIF funds into the Adopted FY2016/17 budget. Conclusion Authorize the Director of Finance to amend the FY206/17 Adopted Budget to appropriate an additional $19,795.44from the Police DIF fund account to the operating budget and issue a Purchase Order to G&S Carpet Mills, Inc. in the amount of 14.a Packet Pg. 151 Attachment: New Flooring Police Headquarters (4880 : Purchase and Installation of New Flooring at Police Headquarters) 169,795.44, and authorize the City Manager to execute a Vendor Service Agreement between the City of San Bernardino, California, and G&S Carpet Mills, Inc. Attachments Attachment 1 — Resolution; Exhibit A — Vendor Services Agreement Attachment 2 - Request for Quotes issued on January 5, 2017 Ward: Synopsis of Previous Council Actions: 14.a Packet Pg. 152 Attachment: New Flooring Police Headquarters (4880 : Purchase and Installation of New Flooring at Police Headquarters) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE APPROPRIATION OF $20,000.00 INTO ADOPTED FY2016/17 BUDGET, ISSUANCE OF A PURCHASE ORDER TO G&S CARPET MILLS, INC., AND EXECUTION OF A VENDOR SERVICE AGREEMENT BETWEEND THE CITY OF SAN BERNARDINO, CALIFORNIA AND G&S CARPET MILLS, INC. WHEREAS, the City of San Bernardino, California is authorized to use the lowest bidder from RFP F-17-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute a Vendor Service Agreement between the City of San Bernardino, California and G&S Carpet Mills, Inc., attached hereto as Exhibit “B”. SECTION 2. That the Director of Finance is authorized to amend the Adopted FY2016/17 budget by appropriating an additional $20,000.00 in the Development Impact Fees Fund (DIFF) account number 261-210-0114-5505, and issue a purchase order to G&S Carpet Mills, Inc. in the amount of $169,795.44. /// /// /// /// /// /// /// /// /// 14.b Packet Pg. 153 Attachment: PD Carpet Installation. Attachment 1 (4880 : Purchase and Installation of New Flooring at Police Headquarters) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE APPROPRIATION OF $20,000.00 INTO ADOPTED FY2016/17 BUDGET, ISSUANCE OF A PURCHASE ORDER TO G&S CARPET MILLS, INC., AND EXECUTION OF A VENDOR SERVICE AGREEMENT BETWEEND THE CITY OF SAN BERNARDINO, CALIFORNIA AND G&S CARPET MILLS, INC. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino, California, at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 14.b Packet Pg. 154 Attachment: PD Carpet Installation. Attachment 1 (4880 : Purchase and Installation of New Flooring at Police Headquarters) 1 14207 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND G&S CARPET MILLS, INC. FOR REPLACEMENT OF CARPET AND FLOORING AT THE POLICE DEPARTMENT This Vendor Services Agreement is entered into this day of by and between G & S Carpet Mills Inc. (“VENDOR”) and the City of San Bernardino, California (“CITY” or “San Bernardino”). NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. VENDOR shall replace carpet and flooring at the San Bernardino Police Dept., 710 North “D” Street, San Bernardino, CA. per quote on RFQ F-17-01. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $169,795.44 for materials & labor. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year or until the installation of carpet and flooring is completed. This Agreement may be terminated at any time by thirty (30) days’ written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor 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 Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor 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. Vendor 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 Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 14.c Packet Pg. 155 Attachment: PD Carpet Installation. Attachment 3 (4880 : Purchase and Installation of New Flooring at Police Headquarters) 2 14207 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker’s compensation coverage, and shall file copies of said policies with the CITY’s Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR 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. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: City of San Bernardino G & S Carpet Mills, Inc. 300 North “D” Street 3205 Pomona Blvd. San Bernardino, CA 92418 Pomona, CA 91768 14.c Packet Pg. 156 Attachment: PD Carpet Installation. Attachment 3 (4880 : Purchase and Installation of New Flooring at Police Headquarters) 3 14207 Telephone: (909) 384-5242 10. ATTORNEYS’ FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR’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 VENDOR of VENDOR’s obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any 14.c Packet Pg. 157 Attachment: PD Carpet Installation. Attachment 3 (4880 : Purchase and Installation of New Flooring at Police Headquarters) 4 14207 other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ____________, 2017 VENDOR. By: ___________________________ Its: ___________________________ Dated ____________, 2017 CITY OF SAN BERNARDINO By:___________________________ City Manager Approved as to Form: Gary Saenz, City Attorney By: ______________________ 14.c Packet Pg. 158 Attachment: PD Carpet Installation. Attachment 3 (4880 : Purchase and Installation of New Flooring at Police Headquarters) MEMORANDUM DATE: February 16, 2017 TO: Robert Young, Police Lieutenant FROM: Vanessa Slouka, Accounting Assistant SUBJECT:RFQ F-17-01 INSTALL FLOORING BOTH UP-STAIRS AND DOWN- STAIRS IN THE POLICE DEPARTMENT Attached, please find the proposed schedule and final draft for the subject RFQ. Please review these documents as a whole, and forward your signature, concurrence/comments no later than 4:00 PM, Tuesday January 3_,2017. Please email or call me with any questions at ext. 5346. 1. Issue RFQ January 5, 2017 2. Advertise in Sun January 5, 2017 3. Mandatory Pre-Proposal Mtg & Job Walk January 12, 2017 4. Written Questions from Vendors due January 19, 2017 5. Responses Due from City January 26, 2017 6. Proposals Due February 8, 2017 @ 3:00 PM, PST 7. RFQ Evaluation and Negotiations February 9, 2017 8. Vendor Selection February 9, 2017 9. Request for Council Action Due February 16, 2017 10. Council Approval To Be Determined 11. Vendor Award To Be Determined I concur with the RFQ as written I with the attached comments circle one). X Signature Date Signed 14.d Packet Pg. 159 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) H CO CL a L Lo o o ri Q M 0 V d O L O W c j N a; N U uiiU) 00 ti ti N N C 00 O Q U E r r 0 d p O ci o 0 C; cumcu L U M M 0 0tir0 O O O 00 00 r L- LL U cn cn CY O C: A O O O V a Z ccE y o co cc M U cc CL CD co m Q. a) M CLmO aD - 0. c c x L Ur Z •L C. O Q a U o O W ( n = LO U oWWN0 Q 00 J r O 14.d Packet Pg. 160 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) San Bcrnar rno January 5, 2017 SUBJECT: REQUEST FOR PROPOSALS (RFP) F-17-01 The City of San Bernardino (City) invites Proposals from qualified vendors for: INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT Parties interested in obtaining a complete copy of this RFP F-17-01 may do so by accessing the City of San Bernardino Web Page at www.sbcity.org > How do I > Requests> For Bids, beginning January 5, 2017, or by faxing their request to 909)384-5043, attention Vanessa Slouka, Accounting Assistant. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFP F-17-01. Copies of the RFP may also be obtained by calling Vanessa Slouka at (909)384-5346 or in person at City Hall, 300 N. "D" St., 4th floor Finance Department, San Bernardino, CA 92418. From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Mandatory Pre-Bid Job walk: A mandatory Pre-Bid job walk will be held on January 12, 2017, at 10:00 A.M. at 710 N. "D" St. San Bernardino, Ca 92408. This meeting is to serve as a pre-bid review for prospective bidders. All prospective bidders must attend the entire Pre-Bid Conference/Job Walk to be eligible to bid on this project. Closing Date: Proposals must be submitted at or before 3:00 PM, PST, February 2, 2017, at the address listed above. Issuance of this RFP and/or receipt of Proposals do not commit the City to award a contract. Sincerely, Vanessa Slouka Accounting Assistant 14.d Packet Pg. 161 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SECTION I. INSTRUCTIONS TO OFFEROR(S) 14.d Packet Pg. 162 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) City of San Bernardino, Finance Department Purchasing Division RFP F-17-01 INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT Bid Documents to Be Returned Title Page Cover Letter/ Letter of Introduction Project Approach Project Staffing Vendor Qualifications and Project Experience References Original Proposal Vendor Form Three (3) copies of Proposal vendor Form Original Firm & Fixed Fee Schedule in a separate SEALED envelop vendor Form Authorized Binding Signature(s) Proof of Insurance Addendum Received (City Form) IV Forms Non-Collusion Declaration (City Form) IV Forms Listing of Proposed Subcontractor(City Form) IV Forms 120 Day Minimum Proposal Validity Statement w Copy of Contractor License or other appropriate Licenses where applicable vl General Specifications#35 Offeror(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFP. 14.d Packet Pg. 163 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) I.GENERAL INSTRUCTIONS TO OFFEROR(S) A. Mandatory Pre-Proposal Meeting A mandatory Pre-Bid Job walk will be held on January 12, 2017, at 10:00 A.M., at 710 N. D St., San Bernardino, California 92408. This meeting is to serve as a pre-bid review for prospective bidders. Late arrivals will not be accepted. B. Examination of Proposal Documents 1. By submitting a proposal, the Offeror(s) represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any Offeror(s) for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a "No Proposal" is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. For automatic electronic notifications, please visit our website and sign-up for e-Notify. D. Clarifications 1. Examination of Documents Should an Offeror(s) require clarifications of this RFP, the Offeror(s) shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFP. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than January 19, 2017 and be addressed as follows: 14.d Packet Pg. 164 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) City of San Bernardino 300 North "D" Street 4th Floor, Attn: Vanessa Slouka San Bernardino, Ca. 92418 Slouka va(d-)sbcity.org b. The email Subject line of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. C.Inquiries received after 3:00 PM January 19, 2017 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFP by the close of business January 26, 2017. For automatic electronic notifications, please visit our Homepage and register for SB CONNECT. If you are not registered for SB CONNECT, you may view or download the Addendum at www.sbcity.org > How do I>Request > for Bids. E. Submission of Proposals 1. Date and Time All Proposals are to be submitted to City of San Bernardino, Purchasing Department before 3:00 PM PST February 2, 2017. Proposals received after 3:00 PM, PST, February 2, 2017 will be rejected by the City as non- responsive. 2. Address Proposals shall be addressed as follows: City of San Bernardino 300 N D St., 4th. Floor San Bernardino, CA 92401 Proposals may also be delivered in person to the Purchasing Division, 4th floor of the above address. 3. Identification of Proposals Offeror(s) shall submit a SEALED proposal package consisting of: a) one (1) signed original of Offeror Proposal and b) three (3) copies also c) one (1) original "Fee Schedule" in a separate SEALED envelope, identified as "Fee Schedule RFP F-17-01 ." 14.d Packet Pg. 165 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) The proposal package shall be addressed as shown above, bearing the Offeror(s) name and address and clearly marked as follows: RFP F-17-01 INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT 4. Acceptance of Proposals a) The City reserves the right to accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b) The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror(s) responding to this RFP. c) The City reserves the right to postpone proposal opening for its own convenience. d) Faxed or emailed proposals will not be accepted. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in: 1. preparing its proposal in response to this RFP; 2. submitting that proposal to City; 3. negotiating with City any matter related to this proposal; or 4. any other expenses incurred by the Offeror(s) prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not include any such expenses as part of its proposal. G. Contract Award Issuance of this RFP and receipt of Proposals does not commit the City to award a Purchase Order. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all Proposals received in response to this RFP, and to negotiate with other than the selected Offeror(s) should negotiations with the selected Offeror(s) be terminated. The City also reserves the right to apportion the award among two or more OFFEROR(S). A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along with a pre-performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. H. Acceptance of Order The successful Offeror(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Proposals, and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 14.d Packet Pg. 166 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) I. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods, materials, or services shall be within the City limits of San Bernardino. 14.d Packet Pg. 167 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SECTION II. TECHNICAL SPECIFICATIONS 14.d Packet Pg. 168 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) TECHNICAL SPECIFICATIONS INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT TECHNICAL SPECIFICATIONS See Attachment "A" PROPOSAL REQUIREMENTS A. General Requirements The following material is required to be received BEFORE 3:00 PM PST, February 2, 2017, for a proposing firm to be considered: 1. A master copy (so marked) of a technical proposal and three (3) copies to include the following: a. Title Page showing the request for proposals subject; the firm's name; the name, address, and telephone number of the contact person; the date of the proposal; and request for proposal's number. b. Table of Contents. c. Signed Transmittal Letter briefly stating the vendor's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for sixty(60) days. d. Detailed Proposal following the order set forth in Section VI B of this request for proposals. e. Executed copy of Vendor Warranties & Certifications attached to this request for proposal in Appendix A. 2. The vendor shall submit an original and three (3) copies of a Sealed Dollar Cost Bid in a separate sealed envelope marked as follows: SEALED DOLLAR COST BID PROPOSAL CITY OF SAN BERNARDINO FOR Install Flooring both Up-Stairs and Down-Stairs in the Police Department RFP F-17-01 3. Vendors should send the completed proposal with pricing to the following address: City of San Bernardino PURCHASING DEPARTMENT 300 N D St, 4th floor San Bernardino, CA 92401 14.d Packet Pg. 169 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) B. Sealed Dollar Cost Bid 1. Total All-Inclusive Maximum Price The Sealed Dollar Cost Bid should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all- inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. VII. EVALUATION PROCEDURES A. Review of Proposals The City will review each proposal to ensure that it meets all mandatory elements as described in this RFP. B. Final Selection The City will select a firm based upon the RFP price and proposal evaluation, which will then be submitted to the Mayor and Common Council for approval. VIII. CONDITIONS AND REQUIREMENTS A. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City reserves the right with prejudice to reject any or all proposals. B. Questions related to RFP Process 1. Inquiries concerning any technical questions regarding this RFP should be directed to Vanessa Slouka www.slouka va(a)sbcity.orq 2. Any vendors found to be soliciting or contacting other members of City staff, officials or elected Council Members during this RFP process may be automatically disqualified from any further consideration. C. Right to Request Additional Information During the evaluation process, City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from vendors. At the discretion of the City, vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to make investigation of the qualifications of the vendor, as it deems appropriate. 14.d Packet Pg. 170 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) D. Right to Reject Any or All Proposals The City reserves the right to reject any or all proposals, to waive technicalities or formalities, and to accept any proposal deemed to be in the best interest of the City. Where two or more vendors are deemed equal, the City reserves the right to make the award to one of the two vendors. E. Contracts/Agreements It is recognized that the formal basis of any agreement between the City and the vendor is a contract rather than a proposal. In submitting proposals, vendors must indicate that they are prepared to complete a City of San Bernardino Vendor Services Agreement, (See Appendix C). The proposal will become part of the agreement between the City and the successful vendor. F. Proper Submission and Completeness of Proposals Receipt of complete proposal by the due dates as outlined in the PROPOSAL SCHEDULE. Late submissions or delivery via facsimile will not be considered. Late proposals will be returned to vendor unopened. G. Contract Negotiations After a review of the proposals, and possible oral presentations, the City intends to enter into contract negotiations with the selected vendor. These negotiations could include all aspects of services and fees. If a contract is not finalized in a reasonable period of time, the City will open negotiations with the next ranked vendor. H. Execution of Contract If the selected vendor does not execute a contract with the City within ten (10) business days after notification of selection, the City of San Bernardino may give notice to that vendor of the City's intent to select from the remaining vendors or to call for new proposals, whichever the City deems appropriate. The selected vendor shall not commence the services covered by this Request for Proposal until execution of the contract document, at which time the vendor shall proceed with the implementation plan as provided and accepted by the City. I. Termination of Contract: The contract may be terminated, prior to the expiration of its term, only in the following manner: 1. By the written mutual agreement of both parties; or 2. Immediate termination by the City for violation of any provision of the RFP or Vendor Services Agreement; or 3. By the vendor, with or without cause, upon 60 days written notice to the City; or 4. By the City, with or without cause, upon 30 days written notice to the vendor. 14.d Packet Pg. 171 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) J. Personnel Engagement partners, managers, other supervisory staff and specialists may be changed if these personnel leave the vendor, are promoted or are assigned to another office. The personnel may also be changed for other reasons with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements. Vendor specialists identified in response to the proposal can only be changed with the express prior written permission of the City, which retains the right to approve or reject replacements. Other staff personnel may be changed at the discretion of the vendor provided that replacements have substantially the same or better qualifications or experience. K. Rights to Submitted Materials All proposals, inquiries, responses, or correspondence related to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the vendor will become the property of the City and a matter of public record. The City reserves the right to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the vendor of the conditions contained in the Request for Proposal, unless clearly and specifically noted in the proposal submitted, and confirmed in the contract between the City and the vendor selected. L. Proposal Changes or Revisions The City reserves the right to amend, alter, or revoke this proposal in any manner prior to an award. Any modifications, clarifications, additions or changes to this RFP by the City will be sent to each vendor or individual to whom an RFP has been sent as an addendum to the original RFP. Such changes become an integral part of the RFP for incorporation into any contract awarded pursuant to the RFP. M. License to Practice in California An affirmative statement should be included indicating that the vendor and all assigned key Vendor staff are properly registered/licensed to practice in California. The successful bidder will be required to have the following California current and active California contractor's license at the time of submission of the Bid: C15 License Flooring and Floor Covering). N. Insurance Requirements For the duration of the contract, the vendor must procure and maintain insurance against loss of property. The cost of such insurance is the vendor's responsibility. Detailed insurance requirements are listed in the Vendor Services Agreement. 14.d Packet Pg. 172 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) O. Additional Services The general service requirements describe the minimum work to be accomplished. Upon final selection of the vendor, the scope of service may be modified and refined during negotiations with the City. P. Undue Influence The vendor declares and warrants that no undue influence or pressure is used against or in concert with any officer, Council Member, or employee of the City in connection with the award or terms of the Agreement that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, Council Member, or employee of the City will receive compensation, directly or indirectly, from the vendor, or from any officer, employee, or agent of the vendor, in connection with the award of the Agreement or any work to be conducted as a result of this RFP. Violation of this Section shall be a material breach of the Agreement/Contract entitling the City to any and all remedies by law or in equity. Q. Non-Discrimination Every effort will be made to ensure that all persons have equal access to contracts and other business opportunities with the City within the limits imposed by law or City policy. Each Bidder may be required to show evidence of its equal employment opportunity policy. The successful Bidder and its subcontractors will be required to follow the nondiscrimination requirements set forth in the contract between the City and the Contractor, and to pay prevailing wage at the location of the work. The work described in the contract is a public work subject to section 1771 of the California Labor Code. No contractor or subcontractor, regardless of tier, may be listed on a bid for, or engage in the performance of, any portion of this project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The City of San Bernardino maintains various policies related to contractual service prov9iders. Among these is an anti-discrimination policy which requires that our contractors not discriminate in hiring on the basis of gender, race, religion, sexual orientation or medical condition. Upon acceptance of a proposal, the city may request that the selected vendor sign a statement affirming their compliance with this policy. R. Right to Conduct Personal Interviews The City reserves the right to conduct personal interviews or require oral presentations of any or all vendors prior to an award recommendation. S. Understanding of Service to Be Performed By submitting a proposal, the vendor certifies that they have fully read and understand the "Request for Proposal' and have full knowledge of the scope, nature, quality, and quality of service to be performed. 14.d Packet Pg. 173 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) T. Proposal Preparation Costs There is no express or implied obligation for the City to reimburse responding vendors for any expenses incurred in preparing proposals in response to this request. 14.d Packet Pg. 174 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SECTION III. BID CONTENTS AND FORMS 14.d Packet Pg. 175 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; C. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f.signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 14.d Packet Pg. 176 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: C. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 14.d Packet Pg. 177 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Proposer to enclose pages 17 & 18 (Annual Purchase Order) along with signed and dated Firm & Fixed "Fee" (in a separate SEALED envelope.) See Section I. E.3.c. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / No circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Proposal Specifications that cannot be met by your firm. Have you included in your proposal all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 14.d Packet Pg. 178 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Cash discount allowable days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: ADDRESS: Phone: Email: Fax: Authorized Signature: Print Name: Title: IF SUBMITTING A"NO PROPOSAL", PLEASE STATE REASON (S) BELOW: 14.d Packet Pg. 179 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR TRADE CONTRACTOR CITY and CSLB license # Print Name Signature of Bidder Company Name: Address: REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive minor irregularities in a bid or bids not affected by law, if to do seems to best serve the public interest. 19 14.d Packet Pg. 180 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) NON - COLLUSION Declaration TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the of the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative therefor, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury of the laws of the State of California that the above information is true and correct and that this declaration is executed on date) at city) state). date) at city), 14.d Packet Pg. 181 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Contractor: By Signature) Title: 14.d Packet Pg. 182 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SECTION IV. GENERAL EVALUATION CRITERIA 14.d Packet Pg. 183 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) IV. GENERAL EVALUATION CRITERIA A. EVALUATION CRITERIA 1. Capabilities of Firm to Effectively Complete the Project Requirements - 35% Depth of Offeror(s)' s understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience -45% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel's level of involvement in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price - 10% Reasonableness of the individual firm-fixed prices and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5% Completeness of response in accordance with RFP instructions; exceptions to or deviations from the RFP requirements which the Offeror(s) cannot or will not accommodate; other relevant factors not considered elsewhere. 5. Local Vendor Preference - 5% As approved in Executive Order 2003-01--Offeror(s)'s which posses a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to the requirements mandated by the funding source for such contractual services (such as the Federal Government or other source which requires award to the lowest responsible Offeror(s.) B. EVALUATION PROCEDURE All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on-site visit and/or tour of the Offeror(s)'s place of business. OFFEROR(S) should be aware; however, that award may be made without vendor visits, interviews, or further discussions. 14.d Packet Pg. 184 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) C. AWARD Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above-specified criteria or submit to City Council, for consideration and selection, the offer(s)judged by staff to be the most competitive. The City reserves the right to withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any OFFEROR(S) responding to this RFP. The City expressly reserves the right to postpone proposal opening for its own convenience, to waive minor informality or irregularity in the proposals received, and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. The City also reserves the right to award its total requirement among two or more OFFEROR(S) as City staff may deem to be in its best Interests. In addition, negotiations may or may not be conducted with OFFEROR(S); therefore, the proposal submitted should contain the OFFEROR(S) most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror(s). D. TIE PROPOSALS If the final evaluation scores (after applying the local preference allowance) result in a tie score, then the recommendation for award will be given to the local vendor. E. NOTIFICATION OF AWARD OFFEROR(S) who submit a proposal in response to this RFP shall be notified regarding the firm(s) who was awarded the agreement. Such notification shall be made within a reasonable time after the date the agreement is awarded. 14.d Packet Pg. 185 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SECTION V. GENERAL SPECIFICATIONS 14.d Packet Pg. 186 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) V. GENERAL SPECIFICATIONS 1. Each proposal shall be in accordance with Request for Proposal (RFP) Number RFP F-17-01. All specifications are minimum. Offeror(s) are expected to meet or exceed these specifications as written. Offeror(s) shall attach to their proposal a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional Proposals, or those that take exception to the RFP specifications and requirements, may be considered non- responsive and may be rejected. 2. The City reserves the right to accept or reject any and all Proposals and to award a contract to the Offeror(s)whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices proposal. 4. Proposals shall be firm offers, subject to acceptance or rejection within 120 days minimum of the opening thereof. 5. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for proposal consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. 7. Each Offeror(s) shall submit with their proposal a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each Offeror(s) must state in their proposal the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. to. Each Offeror(s) shall list in their proposal all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the proposal. 11. Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Proposal shall include California sales tax, where applicable, (effective January 1, 2013) computed at the rate of 8.25%, this will normally be shown as a separate line item on the price form. 14.d Packet Pg. 187 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any proposal. OFFEROR(S)furnishing Proposals under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly excepted in the proposal. 15. The items which the Offeror(s) proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to this RFP specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a proposal, each Offeror(s) agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Division of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each proposal shall be submitted and received with the understanding that acceptance by the City of San Bernardino of proposal in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of RFP F-17-01. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090)or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 14.d Packet Pg. 188 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 21. One Document. These specifications, the Request for Proposal, RFP F-17-01 the Contractor's proposal, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Proposals. 23. Prompt payment. Each Offeror(s) may stipulate in their proposal a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10)working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during proposal evaluation in the case of ties. 24. Inquiries. Technical questions may be emailed to: Vanessa Slouka, at Slouka va(ci)sbcity.org . The answers to material questions will be provided in writing by Addendum(s) to all potential Offeror(s) by a posting to the City's website. 25. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices are submitted on the pricing forms furnished by the contractor herein, and all required forms are completed and included with proposal. Deliver all Proposals, SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFP SPECIFICATION TITLE: INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT and NUMBER RFP F-17-01 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All Proposals must be received in the Purchasing Division no later than 3:00 PM, PST, February 2, 2017, where at such time and said place Proposals will be publicly opened, examined and declared. Any proposal may be withdrawn by Offeror(s) prior to the above scheduled time for the opening of Proposals. Any proposal received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment proposal. 29. In submitting a proposal to a public purchasing body, the Offeror(s) offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Offeror(s)for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Offeror(s). 14.d Packet Pg. 189 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit,judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten- (10) day notification to the City if said policies are terminated or materially altered. FAITHFUL 11 AAA1G' QllKl A!at Fed The /•`....f.-.-.rste.-will W ....J ..32. F the Gity of San BeFnardin an alm 81-9--int equal to o Said suFety shall be SWN--. shall have a rating in Best's most recent insurance guide of" A" or better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFP. 34. City may, at its discretion, exercise option year renewals for up to 3 years, in one-year increments. 35. By submitting a proposal, Offeror(s)warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Offeror(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offeror(s)' s response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be reiected. 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor(Contractor)/Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 14.d Packet Pg. 190 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) BID DATA SHEET Department: Police Department RFP /R-FQ# F-17-01 Description: Install Flooring in PD Bid Issue (advertisement) Date: 01/5/17 Bid Due Date: 02/08/17 Methods of Public Advertisement: The SB County Sun SB Area Chamber of Commerce (SBACC) City of SB Website & SB Connect Notice Inviting Bids / Proposals" sent by Purchasing: Fax Email US Postal Corvine Certified Maw! Local Vendors (within SB City Limits): 06 Non-Local Vendors: 04 Total Vendors 10 Number of Bids / Proposals Received: Local Vendors (within SB city Limits): 00 Non-Local Vendors: 02 Total Bid Packages Received: 02 of Vendors who declined to bid (No Bid): 00 Prepared by: Vanessa Slouka Date: 2/09/17 14.d Packet Pg. 191 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) DEPARTMENT AWARD CHECKLIST BID# RFP F-17-01 Description: Install Flooring Both Upstairs and downstairs in the PD Vendor Debarment Verification (Grants only) ( 1) Local Vendor Verification - within SB City limits 1) Local Vendor Preference (LVP) given? (')(companies within our City limits;for comparison purposes only: 1%credit for goods or materials,or 5%for services*must be reflected on bid/quote sheet) City of San Bernardino Business License Verification(2) W-9 Form (2) Faithful Performance/Bid Bond Required? 1) Yes No Contractor's License (where applicable)(') 1,000,000 Insurance Policy (1)Comprehensive,public,general&auto liability Worker's Compensation Insurance (1) Vendor/ Consultant Agreement Required? (2) Yes ® No 1) Must be obtained prior to Council award 2) Must be obtained prior to issuance of a purchase order,commencement of service,or receipt of goods, supplies,materials, and payment of invoices. This checklist may not be reflective of all documents necessary for submittal. All insurance certificates must be approved by Risk Management 03/09/10 drm 14.d Packet Pg. 192 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) G&S Proposal CARPET MILLS, INC. Date Proposal# 3205 Pomona Blvd.Pomona,CA 91768 2/6/2017 2183 Ph.909-468-5600 Fax 480-247-5492 Contracting Office Place Of Performance City of San Bernardino City Of San Bernardino Police DepartmentFinanceDepartment710N. D St. 300 N. D St 4th Floor San Bernardino, CA 92401 San Bernardino, CA 92418 Solicitation Number: Sate Of California DIR No.Rep.Ali Gorginfar Terms RFP)F-17-01 1000003623 Mobile 909-997-2535 ag @gscarpets.com Net 30 Description Qty U/M Rate Total 120 Day Minimum Proposal Validity Statement: Proposals shall be firm offers, subject to acceptance or rejection within 120 days minimum of the opening thereof. AREA 1 Cost of flooring per room 5,126.18 Sq. Ft. 3.00 15,378.54Costof additional materials per room 1 Lump S... 4,500.00 4,500.00Costoflaborperroom1LumpS... 15,000.00 15,000.00 AREA 2 Cost of flooring per room 389.09 Sq.Yd. 24.20 9,415.98Costofadditionalmaterialsperroom1LumpS... 2,500.00 2,500.00Costoflaborperroom1Lump5... 7,650.50 7,650.50 AREA 3 Cost of flooring per room 53.3 Sq.Yd. 24.20 1,289.86Costofadditionalmaterialsperroom1LumpS... 1,250.00 1,250.00Costoflaborperroom1LumpS... 3,875.00 3,875.00 AREA 4 Cost of flooring per room 149.24 Sq.Yd. 24.20 3,611.61Costofadditionalmaterialsperroom1LumpS... 1,753.00 1,753.00Costoflaborperroom1LumpS... 3,871.48 3,871.48 AREA 5 Cost of flooring per room 79.95 Sq.Yd. 24. 20 1,934.79Costofadditionalmaterialsperroom1LumpS... 1,350.89 1,350.89Costoflaborperroom1LumpS... 1,750.50 1,750.50 FIXED LUMP SUM PRICE Pagel 14.d Packet Pg. 193 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) GAS Proposal CARPET MILLS, INC. Date Proposal# 3205 Pomona Blvd. Pomona,CA 91768 2/6/2017 2183Ph.909-468-5600 Fax 480-247-5492 Contracting Office Place Of Performance City of San Bernardino City Of San Bernardino Police DepartmentFinanceDepartment710N. D St. 300 N. D St 4th Floor San Bernardino, CA 92401SanBernardino, CA 92418 Solicitation Number: Sate Of California DIR Nojag@gscarpets.com Rep.Ali Gorginfar Terms RFP)F-17-01 1000003623 obile 909-997-2535 Net 30 Description Qty M Rate Total AREA 7 Cost of flooring per room 6,228 Sq. Ft, 2.93 18,248.04Costofadditionalmaterialsperroom1LumpS... 7,242.02 7,242.02Costoflaborperroom1LumpS... 34,913.50 34,913.50 AREA 8 Cost of flooring per room 42.64 S Cost of additional materials per room q Yd. 24.20 1,031.89 1 Lump S... 985.00 985.00Costoflaborperroom1LumpS... 1,750.50 1,750.50 AREA 9 Cost of flooring per room 357.11 S Yd.4•24.20 8,642.06Costofadditionalmaterialsperroom1LumpS... 2,450.65 2,450.65Costoflaborperroom1LumpS... 7,854.02 7,854.02 AREA 11 Cost of flooring per room 58.63 Sq.Yd. 24.20 1,418.85Costofadditionalmaterialsperroom1LumpS... 1,350.16 1,350.16Costoflaborperroom1LumpS... 1,750.50 1,750.50 AREA 12 Cost of flooring per room 95.94 Sq.Yd. 24.20 2,321.75Costofadditionalmaterialsperroom1LumpS... 1,119.24 1,119.24Costoflaborperroom1LumpS... 3,675.11 3,675.11 FIXED LUMP SUM PRICE 169,885.44 Page 2 14.d Packet Pg. 194 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) co Py REQUEST FOR PROPOSAL F-17-01 INSTALL FLOORING BOTH UP- STAIRS DOWN-STAIRS IN THE POLICE DEPARTMENT FEBRUARY 8, 2017 G&S CARPET MILLS, INC. 3205 POMONA BLVD. POMONA, CA 91768 POINT OF CONTACT: ALI GORGINFAR EMAIL: AG @GSCARPETS.COM PHONE: (909) 468-5600 14.d Packet Pg. 195 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) TABLE OF CONTENTS Presentation of Company Information Page 1 Exceptions& Deviations Page 1 Qualifications & Related Experience Page 2 References Page 3 Licensing&Certification Requirement Attachment 1 Cost& Price Forms Attachment 2 14.d Packet Pg. 196 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Presentation By submitting this proposal, G&S Carpet Mills, Inc.certifies that it has fully read and understands the Request for Proposal" (RFP)and has full knowledge of the scope, nature,quality,and quality of the service to be performed. G&S Carpet Mills, Inc. does not propose the use of any subcontractor in relation to this project,certifies that the proposal shall be valid for no less than 120 days from the date of submittal, and acknowledges that no addendums have been posted in relation to this RFP. The signature below authorizes Ali Gorginfar on behalf of G&S Carpet Mills, Inc.to execute documents in association with this project and to bind G&S Carpet Mills, Inc.to the terms of this bid. Additionally, correspondence regarding the evaluation of this bid shall be addressed to the following: G&S Carpet Mills, Inc. Ali Gorginfar 3205 Pomona Blvd. Pomona, Ca 91768 909)468-5600 ag @gscarpets.com 1 x Ali Gorginfar—Presicrent Exceptions/Deviations G&S Carpet Mills, Inc. does not propose any exceptions or deviations from the technical and contractual requirements of this RFP. Page 11 14.d Packet Pg. 197 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Qualifications, Related Experience G&S Carpet Mills, Inc. is a family owned S Corporation established 1992. G&S Carpet Mills has been providing complete solutions for commercial projects of all sizes and types.G&S Carpet Mills Inc., provides quality design consultation and product selection, problem identification and solution by guiding client to select products, installation expertise based on selected product, and addressing any and all of the clients flooring needs and concerns. We pride ourselves on providing the best customer service,expertise, and professionalism ensuring the client is fully satisfied upon project completion. G&S Carpet Mills, Inc.objective is to provide the highest quality customer service and craftsmanship for services provided to our clients. Our company owns and operates from our warehouse facility located in Pomona,CA,which is approximately 30 miles west of San Bernardino County.Our warehouse facility provides the space required to store materials and tools required by this RFP.Also, because of our close proximity to San Bernardino County we have immediate access should an emergency arise. We own all tools,vehicles, and trailers required to perform the work as specified in the scope of work. Areas of Expertise Include: Carpet for commercial use Hard surface products such as vinyl composition tile, luxury vinyl tile,vinyl sheet,and stair system solutions Moister detection and solution Trained and professional installers in all floor covering we supply. Our in house installation crew consists of 4 members with additional crew members on call based on the scope of work and size of the project. G&S Carpet Mills, Inc. has extensive experience performing work that is within the scope of work that is solicited in this RFP. Our past and current clients similar in nature include: California Highway Patrol Department of Motor Vehicles California Department of Transportation Travis Air Force Base Superior Court of California—Orange County Superior Court of California—San Bernardino County Pomona Police Department Page 12 14.d Packet Pg. 198 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) References Name of Agency: City of San Bernardino, Police Department Address: 300 N. "D" Street,San Bernardino CA 92418 POC:Sargent Cardillo, (909) 384-5606,Cardillo—Jo@sbcity.org Contract No.: PO 2016-00001502 Contract Type: Fixed Price Total Dollar Value of Contract: $91,797.04 Description of work under contract: Carpet and LVT material and installation services at various locations in the San Bernardino Police Department.Work included furniture moving and replacement, removal of existing flooring, floor preparation, and installation of new flooring. Name of Agency: City of San Bernardino Address: 234 S_ Mt.View Ave.,San Bernardino CA 92418 POC: Rick Morino, (909)361-7702, Moreno_Ri @sbcity.org Contract No.: PO 2015-00000568,Vendor Service Agreement No. 2014-259 Contract Type: Fixed Price Total Dollar Value of Contract:$351,108.03 Description of work under contract:Carpet and carpet installation services in the Feldheym Library. Work included furniture moving and replacement, removal of existing flooring,floor preparation, and installation of new flooring. Name of Company:Superior Court of California,San Bernardino County Address:Various court locations in San Bernardino County, City of San Bernardino and Joshua Tree POC: Nate Lemley, (909) 841-9939, NLemley @sb-court.org Contract No.: PO 4500088189, PO 4500088313, PO 4500088515 Contract Type: Fixed Price Total Dollar Value of Contract: $157,547.50 Description of work under contract:Carpet and carpet installation services.Work included the removal and replacement of furniture, including furniture lifting system, removal of existing flooring,floor preparation,and installation of carpet. Page 3 14.d Packet Pg. 199 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) ATTACHMENT 1 14.d Packet Pg. 200 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) ACCPR CERTIFICATE OF LIABILITY INSURANCE Do2iosi2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). C NTACT TANYA DEAN PRODUCER NAME: State Farm insurance PHONE 310-792-5900 FAX 310-792-8080 Tanya Dean-Agent E-MAIL I(aC.No): yfi tan a dean g2u statefann.comAORESS _.'—_. 423 S. Pacific Coast Hwy Ste 101 INSURERIS)AFFORDING COVERAGE __ _ NAIC If Redonda Beach,CA 90277 INSURER A State Farm Fire and Casualty Company T INSURED G&S CARPET MILLS INC INSURER a State Farm Mutual Automobile Insurance Company. 26178 DBA G&S CARPET MILLS INSURER 3205 POMONA BLVD INSURER D: POMONA CA 91768-3233 INSURER E:.--. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE Of INSURANCE 0 1r517 I POLICY EFF POLICY EXP ILA+ N D I POLICY NUMBER MWI)DIYYYY I M DDNVY'Y lMn'S COMMERCIAL GENERAL LIABILITY I 2,000,OOD A "X Y Y 92_gq_Eg7$ 07!01!2016 1 07!01!2017 EACH OCCURRENCE s A6TrTACE'rCS N i E CLAIMS-MADE i OCCUR PREMISES(Ea occurrd,Rlce1._ S _.. ._ ...- I I MED EXP(Any one person) I$ i PERSONAL 8 ADV INJURY $.. GENL AGGREGATE LIMIT APP_L(ES PER' i GENERAL AGGREGATE S_ 4,000.000 POLICY II PRO- i PRODUCTS AGG i$ L Ji JECT LOG I 5 4,000,000 OTHER, i f COMBINED SINGLE LIMIT B AUTOMOBILE LIABILITY i 560 7895-E06-75 17J2812016 1 0510612017 i_(Ea aoridenti 1,000,000 BODILY INJURY;Per person) ANY ALTO ALL O'ANED I C SCHEDULED y MJU cutlets I 8 AUTO~ AUTOS NON CVdqcD HIREDAUTOS AUTO. accdantD S I 3 UMBRELLA LIAB OCCUR i EACH OCCURRENCE 5 t ..._.i EXCESS LIAB ! i AGGREGATE 5 DEO RETENTIONS E WORKERS COMPENSATION 92-EL-Y91$-D i 05111/2016 05(1112017 I.X.?STATUTE_, _ DRH _ A !AND EMPLOYERS*LIABILITY YIN ANY PPOPRIE70RIPART^IERtEXECu?IVE NtA IE.L EACH ACCIDENT OFFICERNIEMBEREXCLUOELW I 1,000,ODO Mandatory in NH) j E.L DISEASE-EA EMPLOYEE($ it yes.describe under I i DESCRIPTION OF OPERA)IONS belay i E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES( ACORD 101,Additional Remarry SOhcdule,may be attached if more space I$rt(Iuired) Additional Insured. The State of California,its officers,agents and employees are included as additional insured,but only with respect to work performed for the State of California CERTIFICATE HOLDER CANCELLATION City of San Bernardino Police Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 300 N."D"Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Bernardino,CA 92418 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 14.d Packet Pg. 201 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) POST KV-5 LICEN.1;47 IN A CONSPICUOUS PLACE THIS IS A RECEIPT,NC;I A BILL CITY OF POIVtO NA BUSINESS CITY OF POMONA,CALIVORNIA LICENSE NO. DON979 ACCOUNT NO. oW397140 ifC0tjNTN(),00tl971,10 I""a'PE RFNWAl.1-1.1"CODE its I.1C;INNSI'NCB. 001879 IItINESS IIESCltIPTIC1N t?l P131'1Yl ltlf l:: r i!'P{.1;4_T iC'1'1lfJ!'. DATE PAID 1)WD iS016 1;4f:1xII?TlC;)Ci AI3U Is I"I'ltE:t);ti;I;.Y I'E':P;41I`rTFn ltSt; ICE:NSEE ti(?1{f'rINFAVf AL[ 4AJ JNG 320S 1'f.)1J ONA Bl,. DID'"fRICT TAX 1I)T)RUSS I'OMt?NA, CA t}I70 1'll lAl;i"5`f7f: fl.(!tl RI-S:INIs`SS 3205 POKIOINA III— TOTAL 114-00C)CATION 1`0MO';ti&(:'A 917168 TA t`I I.ii l,' ili NO,Cl,lt'!°'.OF L()t IN(-;v1'1' HOW f)c C`_ HUSE I fiS 5147 IAIT S 11 ES TAX SIOP :'3:3-899137 Pf~RS411 NO. USL:COIX 11 1.n i.i rtst;is lccit d f'ru Itcvcrauc l?u"tlx i, 1'rzcnsl:aiai{,1•the i;e it<ti1: NEW Owner or I.ueationC'annoi tic laRstrlciclithOut Approval al"Phis FIRES 0(00 12(11 REVENUE MANAC FMT N—J' i)tVISI()N Tflls iitentt.is I01ct1 with oW a-cri fic:atlan that the Li ei{atc IM sil.bic o to or-cxcnipt franc ligenbing by the Ntxtc kA('n11r0u"W 14.d Packet Pg. 202 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) DISPLAY CONSPICUOUSLY AT PLACE Of BUSINESS FOR WHICH ISSUED ALIFgR dIA`AT F BOARIU EQ:,+ALIT A iN 01 fad SELLER'S PERMIT R 6/3/1992 SR AP 23-888137 CARPETERIA FLOORING CENTER G 6 S CARPET MILLS INC lids r'ri-elll L;ofs NLJ! 3205 POMONA BLVD 1-ft r ti ';A,,r. W .VO' j POMONA, CA 91768 MJSINES_4'"grw.rly 1„ 1/11'.5+7cG?/c,1 nN{i M'17 j. I B f/3 1 N 7 S S (Xil it I SSf sS Oft CP(:RmfE I iaNt' 111:;AI IJL7A%E I Y•!,t+E:Y;;ifFt+'rRFi f:U NnHSt!r:4:: [+,SALESANDUSETAX UtW I•..F.K<.At;z IN iif: Si lf.ING TA•"a%i a[-i a:tvJd i r;+,i7f fi3YAT TI I% -16C M,:i'.'fkt It?N I IRS PLRM+i 13'JAI If;UN;i i1!-,t.ntif,i ..-pr:'k I: 'Ii;'.•,C8-' l Y'... Nhh•t 7:IFJi-.fVv l: i ir•HI i. t 'it Ll Yi vG i)R-,P 6G OJ A PAR TMURIA0 1 140 I+P•, 1,.. +:N.'.I1 -tt 1,Fy-'(, 'h.,,f`-!F•.!-!i,iN'.rdt`ltl ri s 1'`FYti'. . rng f+fil'lllL rrkW<[:RrJ:',f?,d :iiH 7,!<aS+Nf•.ti 1 FOR GENERAL TAX QUESTIONS,PLEASE TELEPHONE OUR INFORMATION CENTER AT 1-800-400-7115. 14.d Packet Pg. 203 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE 712947 CORP G & S CARPET MILLS INC AlAbl, un 09/30/2017 www cslb ca cgov 14.d Packet Pg. 204 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company AmTrust Surety 17771 Cowan Suite 100•Irvine,California 92614•(949)263-3300 An AmTrust Financial Company www.AmTrustSurety.com BID BOND BOND NO. NA KNOW ALL MEN BY THESE PRESENTS, That we G&S Carpet Milis Inc as Principal,and Indemnity Company of California a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of San Bernardino Police Department hereinafter called the Obligee) in the full and just sum of Ten Percent total amount of bid Dollars, ($10% for the payment whereof in lawful money of the United States,we bind ourselves, our heirs,administrators, executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for Carpet&LVT Replacement Bid Date 2/8/2017 NOW,THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall,within such time as may be specified, enter into the contract in writing,then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 6th day of February 2017 G&S Carpet Mills Inc indemnitv QDmoa nia Surety T / gy; daIN i 14V Principal Anthony K T Attorney-in-Fact ID-1235(General Bid Bond)(REV.7/15) 14.d Packet Pg. 205 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On FES 6 _ 201? before me, Debra K Bell Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Anthony K T Yau Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), DEBRA K. BELL and that by his/her/their signature(s) on the instrument the Commission 2120123 person(s), or the entity upon behalf of which the person(s) Z • Notary Public-California Z acted, executed the instrument. Orange County omm,Expires Aug 15,2019 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and.official seal. Signature I . Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: Individual Individual Corporate Officer—Title(s): Corporate Officer—Title(s): Partner Limited General Partner Limited General Attorney in Fact Mthum6b Attorney in Fact Trustee Trustee MTopof 7here Guardian or Conservator Top of here Guardian or Conservator th Other: Other: Signer is Representing: Signer is Representing: 14.d Packet Pg. 206 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE,CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: Debra Bell,Gerald Schumacher, Chris Theveny, Deborah Gibbons, Anthony K.T.Yau,jointly or severally— as their true and lawful Attomey(s} in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)- in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President, Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations, bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and 7alle- sted by their respective Secretary or Assistant Secretary this 18th day of April,2016. By: G2% 'O7 V AND Daniel Young,Senior Vice-President yJ °o0poo GGPPOAgr O' a OCT. oLU w ssis ° o By. Mark Lansdon,Vice-President p /* P *a oy Ogt/Foa`'¢ A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Orange On April 18,2016 before me, Lucille Raymond,Notary Public Date Here Imam Name and Tdle of the Oster personally appeared_ Daniel Young and Mark Lansdon Names)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that heishelthey executed the some in his/her/their authorized capacity(ies),and that by hisiberRheir signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted, executed the instrument. Commission re 208195 Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correct.Z ti6M Comm. ires Oct 13 2018+ WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this day of FEB 6 - 2017 y°a D1° iN ti A,GU pPOq ANYO Jvii i e 3 OCT.S 0106y. Cassie J. rrisford,Assistant Se tary 916 rase ao 0 1967 9 10Wr, rl/FOP ID-1380(Rev.04/16) G 14.d Packet Pg. 207 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) ATTACHMENT 2 14.d Packet Pg. 208 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Proposer to enclose pages 17 & 18 (Annual Purchase Order) along with signed and dated Firm & Fixed "Fee" (in a separate SEALED envelope.) See Section I. E.3.c. Are there any other additional or incidental costs that will be required by your in order to meet the requirements of the Proposal Specifications? Yes /: No J circle one). If you answered "Yes", please provide detail of said additional cost' Please indicate any elements of the Proposal Specifications that cannot be met by your firm. N/A Have you in ,u ed in your proposal all informational items and forms as requested?.Yes I'/ No . (circle one). If you answered "No", please explain: This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 14.d Packet Pg. 209 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Cash discount allowable 1% 7 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received (Jdyv ., Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: G&S Carpet Mills, Inc. ADDRESS: 3205 Pomona Blvd. Pomona, CA 91768 Phone:909)468-5600 Email: ag @gscarpets.com Please CC rg @gscarpets.com Fax: 480) 247-5492 Authorized Signature: Print Name: Ali Gorginfar Title: President IF SUBMITTING A"NO PROPOSAL", PLEASE STATE REASON (S) BELOW: 14.d Packet Pg. 210 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) NON -COLLUSION Declaration TO: THE COMMON COUNCIL CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112,the undersigned hereby states, under penalty of perjury: NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the President ofG&S Carpet Millthe party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizations or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative therefor,to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury of the laws of the State of California that the above information is true and correct and that this declaration is executed on February 6, 2017 (date) at 3205 Pomona Blvd., Pomona city) CA state). date)at Pomona (city), 14.d Packet Pg. 211 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Contractor: G&S Carpet Mills, Inc. BY Ali Gorginfar t y nature) Title: President 14.d Packet Pg. 212 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Fee Schedule RFP F-17- 01 STATE CONTRACTORS LICENSE NO.472436 MooRE FLOORING INC. JDIR#1000001027 5497 VINE STREET CHINO,CA 917105248 OFFICE:(909)62& 6111 FAX:(909)628-2324 CONTRACTING OFFICE: BID DATE:021088017 CITY OF SAN BERNARDINO BID TIME:3:00PM FINANCE DEPT SOLICITATION NUMBER:(RFP)F-17-01 30ON D STIR 4TH FLOOR PLACE OF PERFORMANCE SAN BERNARDINO CA 92418 CIT Y OF S.B.POLICE DEPARTMENT SAN BERNARDINO, CA 92401 LOCATION: OTY q1M. RATE TOTAL. AREA 1 DOLLAR AMOUNT OF FLOORING PER ROOM 5305 SO FT 3.25 S 17,241.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 4,700.00 $ 4,700.00 COST OF LABOR PER ROOM LUMP SUM 15,500.00 $ 15,500.00 AREA 2 DOLLAR AMOUNT OF FLOORING PER ROOM 401 SO YD $ 24.93 S 9,997.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 2,575.00 $ 2,575.01) COST OF LABOR PER ROOM LUMP SUM S 7,880.00 $ 7,880.00 AREA 3 DOLLAR AMOUNT OF FLOORING PER ROOM 55 SO YD S 24.93 S 1,371.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 1,288.00 $ 1,288.00 COST OF LABOR PER ROOM LUMP SUM 3,991 AO S 3,991.00 AREA4 DOLLAR AMOUNT OF FLOORING PER ROOM 151 SO YD S 24.93 S 3,764.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 1,806.00 I S 1,806.00 COST OF LABOR PER ROOM LUMP SUM 3,987.001$ 3,987.00 AREA5 DOLLAR AMOUNT OF FLOORING PER ROOM 77 SO YD $ 24.93 S 1,920.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1,391.00 $ 1,391.00 COST OF LABOR PER ROOM LUMP SUM 11803.00 $ 1,803.00 AREA7 DOLLAR AMOUNT OF FLOORING PER ROOM 6350 50 FT S 3.25 IS 20,638.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 7.387.00 :$ 7,387.00 COST OF LABOR PER ROOM LUMP SUM S 35,615.00 S 35,615.00 AREAS DOLLAR AMOUNT OF FLOORING PER ROOM 46 SO YD $ 24.93 $ 1,147.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1.005.001$ 1,005.00 COST OF LABOR PER ROOM LUMP SUM 1.786.001$ 1,786.00 AREA 9 DOLLAR AMOUNT OF FLOORING PER ROOM 365 S 24.9 3 S 9,099.00 ADDITIONA MATERULS PER ROOM LUMP SUM S 2,524.00 S 2,524.00 COST OF LABOR PER ROOM LUMP SLIM 8,090.00 S 8,090.00 AREA 11 DOLLAR AMOUNT OF FLOORING PER ROOM 61 SO YD Is 24.93 S 1,521.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1,153.00 S 1,153.00 COST OF LABOR PER ROOM LUMP SUM 3,785.00 S 3,785.00 AREA 12 DOLLAR AMOUNT OF FLOORING PER ROOM 99 SQ YD S 24.93 $ 2,468.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 1,153A0 $ 1,153.00 COST OF LABOR PER ROOM ILUMP SUM 1 1$ 3,785.00 S 3.785.00 FOXED LUMP SUM PRICE 178,626.00 T111I5 PROPOSAL IS GOOD FOR 120 DAYS FROM BID DATE 02!0 M17 LINDA MOORFl PRESIDENT MOORE FLOORING.INC. v MIKE WOODBURY/ESi1MATOR 14.d Packet Pg. 213 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Z7/2017.,Experience Modutlar patcraft Experience Modular Product Specifications Collection Name Infinite Wisdom Style Number 10291 Product Type Modular Construction Multi-level Pattern Loop Fiber Type Eco Solution O®Nylon Dye Method 100%Solution Dyed English Metric Gauge 1/12 47.24 per 10 cm Stitches Per Inch 9.5 37.40 per 10 cm Tufted Pile Height 3/32"low-5/32"high 2.38mm-3.97mm Tufted Yarn Weight 17 oz. 576.40 g/ m` Finished Pile Thickness 095 2.41 mm Product Size 24"x 24" 60. 96 cm x 60.96 cm Density 6442 12. 00 kilotex Protective Treatments SSPO Shaw Soil Protection Primary Backing Non-Woven Synthetic Secondary Backing EcoVVorx®Tile GSA Approved Product Yes Performance Specifications Traffic Gass Heavy(TARR) Antimicrobial Assessment Passes(AATCC-174) When installed using Shaw 5036 adhesive) Methanamine Pill Test Passes(DOCFF-1-70) Radiant Panel Class 1(ASTM E-648) NBS Smoke 450(ASTM F-662)(ASTM-E-662) Electrostatic Propensity Less than 3.5Kv(AATCC-134) CRI Green Label Plus Certified GLP9968 ADA Compliance This product meets the guidelines as set forth in the Americans with Disabilities Act for minimum static coefficient of friction of 0.6 for accessible routes. Warranty Information Lifetime Commercial Limited Installation Methods Monolithic 114 Turn Brick Ashlar Rand" Interactive t 4 Pa1jl OT-Prmtlf transforming performance. patcrakcom 1 800.241.4014 patcraft Environmental Specifications Recyclability 100%recyclable Materials Ingredients http://www.i)atcraft.com/ProdUetSDeC/ShowFidlSmr:/I(MI/nniM 14.d Packet Pg. 214 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 217/2017 Experience Modular Surface Treatments non c8 fluorocarbon chemistry L does not contain PVC,phthalates,or PBD/PBDE Recycled Content Total Recycled Content(by weight) 43.1 % Pre-Consumer 43.1 % Post-Consumer 0,0% Bio-Based/Rapidly Renewable Content(By Weight) 0. 0% Packaging 100%Recyclable Country of Origin(manufacturer) USA Meets or exceeds all local and national regulations in country of manufacture. Manufactured in an IS09001 &IS014001 certified facility or equivalent. Recycled content is calculated using system allocation, mass balance,and direct insertion. The actual recycled content in this product will likely vary.For more information email info @shawgreenedge.com. Third Party Certifications MBDC Cradle to Cradle Silver Certified NSF 140 gold certified CRI Green Label Plus Certified GLP9968 USGBC LEED contributes Building Research Establishment certified Good Environmental Choice Australia certified Singapore Green Label Certified 039-003 transforming performance. WSha„ .c•tcusha..r.Br1_04 patcraftcom l 800.241.4014 httpl/www.patcrAcorn/ProductSpec tShowFUISpeCA0291100100 212 14.d Packet Pg. 215 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) pat craft. RESILIENT Timber Grove 20 Product Specifications Style Name TIMBER GROVE Style Number 1325V Construction LVT Wear Layer 20 mil Wear Layer Thickness 020" (.5 mm) Overall Thickness 098" (2.5 mm) Reference Specification Class III printed film vinyl plank ASTM F 1700 Type B(embossed) Finish ExoGuardTIA Quartz Enhanced Urethane Installation Glue Down Recommended Adhesive Shaw 4100 or S150 Packaging Plank Size 6" W x 48" L(nominal) 5.96" W x 48" L(actual) Pieces/Box 21 Sq. Ft./Box 41.72 Weight(Lb./Box) 35.44 Weight(Lb./Sq. Ft.) 84 Performance Testing Commercial Traffic Class Heavy Slip Resistance/ASTM D 2047 ADA Compliant Static Load/ASTM F 970 1500 psi (lbs/sq.in.)-0.005 in. Residual Indentation/ASTM 1914 Passes<8% Dimensional Stability/ASTM F2199 Passes<0.020"/ft. Flexibility/ASTM F 137 Passes Resistance to Heat/ASTM F 1514 Passes Resistance to Light/ASTM F 1515 Passes Resistance to Chemicals/ASTM 925 Passes Resistance to Fungi/ASTM G 21 Passes Antibacterial Activity/AATCC 147 Passes Radiant Flux/ASTM E 648 0.45 watts/cmz, NFPA Class I Smoke Density/ASTM E 662 450, Passes Warranty 10 year limited commercial wear warranty. 10 year under bed warranty when installed with Shaw 4100 or Shaw S150 spray adhesive. Please visit patcraft.com for the most current warranty information. Environmental Indoor Air Quality FloorScore"Certified transforming performance. WShaw ©7016 Shaw,a Berkshire Hathaway Company patcraft.com 1 800.241.4014 14.d Packet Pg. 216 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) F L 0 0 R l N G IIP<E 14 C PRODUCT SPECIFICATION Resilient Rubber and Vinyl Wall Base Type TP-Thermoplastic Rubber,Group I(solid): ffi.&HR-Straight(Toeless)Profile 1. PROPRIETARY PRODUCT/MANUFACTURER GL&GR-Caved(Toed)Profile 125"(3.17 mm)thickness 2-1/2"(6.35 rpm),4"(10.16 cm),1.1 Proprietary Product:Resilient Rubber and Vinyl 4-1/2"(11.43 cm)and 6"(15.24 mm)heightsWallBase-F1oorScore Certified available. 4'(1.22 m)straight and 100'coiled lengths1.2 Manufacturer: packaged 100'(30.48 m)per carton. 2-1/2"and 4"inside and outside corners with 3" Burke Flooring 7.6 cm)wings.4-1/2"comers have 3-1/2"(8.9 2250 South Tenth Street cm)wings and 6"corners have 4-1/2"(11.4 cm) San Jose,California 95112 wings_ Phone:(800)447-8442 Type TV-Thermoplastic Vinyl,Group I(solid):352)3574119 a SL&SR-.080" (2.03 mm)thick Fax: (352)357-9660 Straight(Toeless)Profile Samples:Ext 1031 CL&CR-.080"(2.03 mm)thick Web:www.burkeflooring.com Caved(Toed)Profile UL&UR-.125" (3.17 mm)thick 1.3 Proprietary Product Description:Straight(Toeless)Profile WL&WR-.125"(3.17 mm)thick 1.3.1 Construction: Burke Resilient Rubber Wall Base Coved(Toed)Profile is available in both Thermoset(TS)and Thermoplastic 080"(2.03 mm)and.125"(3.17 mm) TP)rubber formulations developed to meet the thicknesses dimensional and performance requirements of ASTM 2-1/2"(6.35 mm),4"(10.16 cm),and F-1861,Type TS and Type TP,Group I(solid)Standard 6"(15.24 mm)heights available. Specification for Resilient Wall Base. 4-1/2"(11.43 cm)height available in.]25" thickness only] Burke Resilient Vinyl Wall Base is manufactured from a 4'(1.22 m)straight and 100'coiled lengths homogeneous composition ofpolyvinyl chloride(PVC), packaged 100'(30.48 m)per carton. high quality additives,and colorants to meet the 2-1/2"and 4"inside and outside corners with 3" performance and dimensional requirements of ASTM 7.6 cm)wings.4-1/2"corners have 3-1/2"(8.9 F-1861,Type TV,Group I(solid)and Group 11(layered) cm)wings and 6"corners have 4-1/2"(11A cm) Standard Specification for Resilient Wall Base. wings. Type TV-Thermoplastic Vinyl,Group H(layered): 1.3.2 Physical Characteristics: JL&JR-.080"(2.03 mm)thick Coved(Toed)Profile Type TS-Thermoset Rubber,Group I(solid):DL&DR-.125"(3.17 mm)thick CP-Straight(Toeless)Profile Coved(Toed)Profile CV-Coved('Toed)Profile 080"(2.03 mm)and.125"(3.17 mm) 125"(3.17 mm)thickness thicknesses 2-1/2"(6.35 mm),4"(10.16 em)and 4"(10.16 cm)height available only. 6"(1524 mm)heights available.4'(1.22 m) straight and 100'coiled lengths 4'(1.22 m)straight lengths packaged 100' packaged 100'(30.48 m)per carton. 30.48 m)per carton. 4"inside and outside corners with 3"(7.6 cm) Inside and outside corners with 3"(7.6 cm) wings. wings. Revision 1-Released August,2011 0 Burke Flooring,A Division of Burke Industries 14.d Packet Pg. 217 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) 2. PRODUCT PERFORMANCE AND TECHNICAL 3.2 Adhesives: DATA Porous Surfaces: 2.1 Hardness-ASTM D 2240:85 Shore A Burke BR-101 Acrylic Cove Base Adhesive Application: 1/8"square notched trowel or 2.2 Flexibility—Will not crack,break,or show any signs multi-tipped nozzle when using of fatigue when bent around a 1/4"(6.4 mm)diameter the cartridge. cylinder.Coverage:250 lin.ft.using the trowel or 2.3 Meets or exceeds the dimensional and performance 65 tin.ft.per cartridge when requirements for light/heat aging,chemical resistance and installing 4"wall base. dimensional stability when tested in accordance with ASTM F-1861 Standard Specification for Resilient Wall Non-porous Surfaces: Base. Use a good quality contact bond adhesive and 2.4 Fire Resistance: apply per manufacturer's instructions. 2.4.1-ASTM E 648/NFPA 253 Critical Radiant Flux)-Class 1. 3.3 Installation Manual: Refer to Burke Resilient Wall 2.4.2-ASTM E 662/NFPA 258 Base Installation instructions for complete installation Smoke Density)-450 or less. details. 3. INSTALLATION 4. AVAILABILITY AND COST 3.1 The installation of Burke Resilient Rubber and Vinyl 4.1 Available through authorized Burke distributors Wall Base should not begin until the work of all other nationwide. trades has been completed,especially overhead trades. Areas to receive resilient wall base shall be clean,fully 5. WARRANTY enclosed,weather-tight,and maintained at a uniform temperature of at least 6PF for 24 hours before,during, 5.1 Limited 2 year warranty.For complete details,contact and after the instaffation is completed.The resilient wall Burke or an authorized Burke distributor. base and adhesives shall be conditioned in the same manner.The wall surface shall be clean,dry and free of 6. MAINTENANCE all foreign material,such as dust,paint,grease,oils, 6.1 Refer to Burke Resilient Wall Base Installation solvents,sealers, and old adhesive residue which may interfere with proper adhesion.Resilient wall base may be instructions for complete maintenance details. installed on interior piaster,gypsum wallboard,concrete, masonry,cement board and similar porous surfaces.Do 7. TECHNICAL SERVICES not install on exterior surfaces subject to weather or interior surfaces which will be exposed to moisture or 7.1 Samples:Submittal samples for verification and excessive temperature changes.All coiled wall base shall approval available upon request from Burke Customer be unrolled and allowed to lay flat for a period of at Least Service. Samples shall be submitted in compliance with 24 hours at 65°F prior to installation.Resilient wall base the requirements of the Contract Documents.Accepted shall be rolled,with a J-hand roller,after installation,to and approved samples shall constitute the standard ensure proper bonding.materials which represent materials installed on the project. 7.2 For current Installation and Maintenance Instructions, Architect Specifications,Product Specifications,and other technical data,contact Burke Customer Service at 1-800447-8442. Revision 1-Released August,2011 C Burke Flooring,A Division of Burke Industries 14.d Packet Pg. 218 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) PROPOSAL FOR--kFP F-17-01 CSL#472436 oopr moopiNCi INC. DIR NO. 1000001027 CIT Y OF SAN BERNARDINO BID DATE:2/812017 FINANCE DEPT BID TIME:3:OOPM 300 N D STREET 4TH FLOOR SOLICITATION NUMBER:RFP F-17-01 SAN BERNARDINO CA 92418 INSTALL FLOORING BOTH UP-STAIRS IN TH EPOLICE DEPARTMENT MOORE FLOORING PROPOSES TO REMOVE AND DISPOSE OF EXISTING FLOORING. WE WILL FURNISH AND INSTALL SPECIFIED FLOORING( PATCRAFT CARPET TILE EXPERIENCE AND LVT TMBER GROVE (20MIL.) BURKE TP 4"BASE AS PER SPECIFICATIONS)IN THE FOLLOWING AREAS 1,2,3,4,5,7,8,9,11 AND 12 AS DESIGNATED ON FLOOR PLANS RECEIVED BY OWNER. WE WILL MOVE AND REPLACE FURNITURE AS REQUIRED TO PERFORM PROPER INSTALLATIN. MOORE FLOORING WILL NOT BE RESPONSIBLE FOR COMPUTERS OR BOXING UP PERSONAL ITEMS. THIS WILL BE DONE BY OTHERS. ALL WORK TO BE PERFORMED OFF HOURS AND WEEKENDS AS REQUIRED TO MEET THE PROJECT DURATION. LEED TIME FOR MATERIALS IS 3 TO 5 WEEKS FROM TIME ORDER IS PLACED. THIS PROPOSAL IS GOOD FOR 120 DAYS FROM BID OPENING 218/2017. LUMP SUM PRICE$178,626-00 SEE FEE SCHEDULE FOR BREAKDOWNS MOORE LOORING INC. BY A MOORE/PRESIDENT 14.d Packet Pg. 219 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) City of San Bernardino, Finance Department Purchasing Division RFP F-17-01 INSTALL FLOORING BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT Bid Documents to Be Returned F. Title Page J'/ Cover Letter/ Letter of Introduction Nil/ Project Approach Project Staffing 1- Vendor Qualifications and Project Experience LV References A/ Original Proposal Vendor Form Three (3)copies of Proposal vendor Form Original Firm & Fixed Fee Schedule in a separate SEALED envelop vendor Form Authorized Binding Signature(s) Proof of Insurance L Addendum Received (City Form) 'v Forms Non-Collusion Declaration (City Form) IV Forms Listing of Proposed Subcontractor(City Form) IV Forms 120 Day Minimum Proposal Validity Statement U rpr,q u, Copy of Contractor License or other appropriate Licenses where applicable vl General Specifications#35 Offeror(s) are requested to submit this checklist completed with all bid documents. This list may not be inclusive of all documents needed to submit your RFP. 14.d Packet Pg. 220 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) REQUEST FOR PROPOSAL: F-17-01 NAME: INSTALL FLOORNG BOTH UP-STAIRS AND DOWN-STAIRS IN THE POLICE DEPARTMENT MOORE FLOORING, INC 5497 VINE STREET CHINO, CA 91710 CONTACT: MIKE WOODBURY 909-628-6111 DUE DATE: 2/8/2017 a@ 3:OOPM 14.d Packet Pg. 221 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) MOORE FLOORING INC. LETTER OF INTRODUCTION PRESIDENT: Linda Moore ESTIMATOR:Rod Withers ESTIMATOR:Mike Woodbury CALIFORNIA STATE CONTRACTORS LICENSE#472436 DIR NO. 1000001027 CLASSIFICATIONS: C15-FLOORING C54-CERAMIC TILES& STONE 14.d Packet Pg. 222 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) MOORE FLOORING INC. LETTER OF INTRODUCTION RE: Company Introduction I would like to take this opportunity to introduce our company and the services that we are able to provide. Moore Flooring Inc.was established in 1984 and is located in Chino.We are a floor covering company specializing in all aspects of commercial and residential flooring.This includes the furnishing and installation of the following products: CARPET(GLUED DIRECTLY TO FLOOR/OVER PADDING STRETCH IN/ DOUBLE STICK CARPET TILES CERAMIC AND STONE TILES(WALLS,COUNTERS AND FLOORS.TO INCLUDED SHOWERS) SHEET VINYL(HEAT WELDED AND CHEMICAL WELDED SEAMS) VINYL COMPOSITION TILE CORK WOOD FLOORING LAMINATE FLOORING SPORT FLOORING RUBBER FLOORING MINI BLINDS We carry products from major manufacturers and staff a labor force to meet your scheduling needs.Our effective work encompasses the 11 western states; however,in our willingness to accommodate our customers' needs,do not restrict us by these boundaries. MOORE FLOORING, INC.is committed to excellence and prides itself on professional workmanship and on-time performance. With Moore Flooring's commitment to service,we invest in the proper equipment for all types of installations to include: 1) BOBCAT floor removal machines that fit through 36"doors,equipped with special blades to remove all types of flooring and special exhaust for indoor use. 2) Concrete grinding machines with attached vacuums 3) Ardex self-leveling pump machines 4) Lift system for modular furniture S) Air sleds to glide furniture over resilient flooring to ensure no damage occurs to products 14.d Packet Pg. 223 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) MOORE FLOORING INC. LETTER OF INTRODUCTION 6) Company stake beds for onsite delivery Included in our services,Moore Flooring saves all projects on computer disc and we have a 12,000 sq.ft warehouse to store materials.Here are some of the projects that Moore Flooring has completed. Types of projects completed: 1) California Highway Patrol Stations State Wide 2) City of Corona Open Work Order 3) DMV State Wide 4) Clean Rooms 5) University dorms 6) University offices/classrooms 7) Military dorms 8) Military offices 9) Hospitals 10) Dental offices 11) School classrooms and administration offices 12) AT armored car service 13) State developmental centers 14) Public Works Utilities 15) Britenow dental 16) Smilecare dental 17) Footlocker 18) Panda Express Riverside and San Bernardino Territory 19) State Buildings Also enclosed are references you may wish to contact.Also,if you would like to contact Dunn&Bradstreet at(800) 333-0505,our DUNS number is#115398679.If MOORE FLOORING INC.is able to accommodate you in your floor covering needs,please do not hesitate to call us.We look forward to doing business with you. Sincerely, Linda Moore President MOORE FLOORING INC. 14.d Packet Pg. 224 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) E [PROJECT APPROACH FOR RFP F-17-011 MOORE FLOORING PROPOSES TO REMOVE AND DISPOSE OF EXISTING FLOORING.WE WILL FURNISH AND INSTALL SPECIFIED FLOORING IN THE FOLLOWING AREAS 1 THROUGH 12 AS DESIGNEATED ON FLOOR PLANS RECEIVED BY OWNER. WE WILLL MOVE AND REPLACE FURNITURE AS REQUIRED TO PERFORME PROPER INSTALLATION. MOORE FLOORNG WILL NOT BE RESPONSIBLE FOR COMPUTERS OR BOXING UP PERSONAL ITEMS. THIS WILL BE DONE BY OTHERS. ALL WORK WILL BE PERFORMED OFF HOURS AND WEEKENDS AS REQUIRED TO MEET PROJECT DURATION. LEED TIME FOR MATERIALS IS 3 TO 5 WEEKS FROM TIME ORDER IS PLACED. POINT OF CONTACT ESTIMATOR: MIKE WOODBURY 14.d Packet Pg. 225 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Co.Name: Moore Flooring,Inc. Address: 5497 Vine St,Chino,CA 91710 Phone: 909)628-6111 Fax: 909)628-2324 Type of firm:Corporation Federal ID#: 95-3906793 Contractor's License:472436 4/30/17 Classes:C15&C54 Officer's Names: Linda M.Moore DIR:1000001027 Year Business Established:1984 Bonded&Insured: HUB International Insurance Services,Inc.(909)793-2373 Project:RFP F-17-01 Organizational Chart Linda M.Moore President Rodney Withers Vanessa Leeger Sr.Estimator/RME Billing/Certified Payroll Mike Woodbury F Gabrielle Patterson Estimator/Project Manager Contract/Project Administrator/Submittals Joey Davis Warehouse Operations 1) Rodney Withers: Rodneygmooreflooring.com C:951-453-4726 2) Mike Woodbury: mikenmooreflooring.com C: 909-536-5428 3) Vanessa Leeger: VanessaQmooreflooring.com O: 909-628-6111 x 223 4) Gabrielle Patterson: gabbygmooreflooring corn O: 909-628-6111 x 230 14.d Packet Pg. 226 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) MOORr nooRING iNC. Commercial & Residential Specialist LIC.472436 rmation stablished 4/28/I984 Chino California Moore Flooring, Inc. is a certified small business specializing in •DUNS:4115398679 commercial flooring. For more than 32 years we've offered our •CAGE Code:#OMPS9 clients superior products and professional service. Moore Flooring is •California Corporation, 1984#C1239899 an authorized dealer for many companies including Armstrong,Burke 'Small Certified#0031388 Mercer,VPI,Collins&Aikman/Tandus,Shaw Contract,JJ-Invision, •Contractor's License#472436 Johnsonite, Mannington, and Bigelow/Mohawk. Our staff is highly •Dir Registration #1000001027 qualified in all areas of project management, labor compliance and •Classifications:C15,C54,ASB on-time deliveries ensuring contractual obligations are met. Our •Federal ID#95-3906793 product installers undergo rigorous training to ensure quality work •NAICS#238330 and superior product knowledge. Specialties Armstrong Installer Certified Our reputation is built on our ability to provide our clients with •Asbestos Flooring Encasement System exceptional quality and the best value possible. We are committed to •Asbestos Certified maintaining the highest level of customer satisfaction. Our services •Ardex Level Master Elite Certified Installer have resulted in longevity with both the private and commercial •Concrete Sealing sector. Stained Concrete Collins&Aikman/Tandus Installer Certified Key Employees Shaw Contract Installer Certified President/Linda.M.Moore Forbo Installer Certified Sr.Estimator/Operations Manager: Rod Withers Mohawk/Bigelow Installer Certified Estimator/Project Manager:Mike Woodbury Mondo Installer Certified Office Manager/Labor Compliance Manager:Vanessa Leeger Ceramic Tile Contracts/Project Coordinator/Bids: Gabrielle Patterson Warehouse:Joey Davis NAICS Codes Past Performance 2361 15/New Single-Family Housing Construction Moore Flooring, Inc.provides flooring services to various clients: #236116/New Multifamily Housing Construction Target T.L's (Various Locations) 236220/Commercial and Institutional Building Construction Panda Express(San Bernardino Co)238330/Flooring Contractors Stater Brothers(Maintenance&Repairs) 238340/Tile and Terrazzo Contractors Dialysis Centers 238350!Finish Carpentry Contractors Y 314110/ Carpet and Rug Mills Schools/Public Agencies 326192/Resilient Floor Covering Manufacturing Edwards Air Force Base 327122/Ceramic Wall and Floor Tile Manufacturing Fort Irwin 4423220/Home Furnishing Merchant Wholesalers March AFB 423390/Other Construction Material Merchant Wholesalers City of Corona Repairs(open work order) 424690/Other Chemical and Allied Products Merchant Wholesalers Clean Rooms 442210/Floor Covering Stores AT&T's(Various Locations) 4444190/Other Building Material Dealers Macy's Standard Industrial Classification (SIC)CHP's CSUSB 1752/Floor Laying and Other Floor Work Smile Care 1743/Terrazzo,Tile,Marble,and Mosaic Work Service Channel Vendor 2891/Adhesives and Sealants 5023/Floor coverings-wholesale DMV's 5713/ Floor Covering Stores Chino Institution for Women Moreno Valley Corporate Yard Cal Poly(on going) Federal Supply Classification (FSC) 7220/Floor Coverings 8040/Adhesives The Superior Choice for ALL Your Flooring Needs! PO.box 5124. 5497 Vine Street,Chino,California 91710•Pk:(909)628-61 1 1 •Fax:(909)628-2324•www.mooreflnr)rinc.r.rnm 14.d Packet Pg. 227 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) MOORE FLOORING REFERENCES CONTRACT CONTRACT COMPLETION DATE JOB## JOB NAME AMOUNT DATE CONTRACTED WITH CONTACT g N CHP EL CENTRO,2331 $ 23,821.00 DEPT OF CHP,BUSINESS Sgt.Daniel Alvarez N N HIGHWAY 86 SERVICES 760)482-2500 IMPERIAL CA 92251 PO BOX 942898 SACRAMENTO CA 942898 5/12/2016 N U') CHP OTAY MESA, 31,956.00 CHP OTAY MESA SGT HECTOR MEZA N 2335 ENRICO FERMI,SAN 2335 ENRICO FERMI r DIEGO CA 92154/ SAN DIEGO CA 92154 15C646012-0 15C646012-0 7/13/2016 o SCRIPPS COLLEGE 176,778.00 S.J Amoroso Construction Co.,Inc. KIM ALTAMI ANO N CLAREMONT 275 E.Baker Street,Suite B Project Executive 1030 Columbia Avenue Costa Mesa,CA 92626 714) 433-2326 Claremont,CA 91711 530) 473-5423 8/31/2016 CALIFORNIA HIGHWAY PATROL i4 SANTA ANA AREA OFFICE r. CHP SANTA ANA REMOVE 2031 E.SANTA CLARA AVE. MADONNA YOUNG REPLACE CARPET 16,722.00 2/20/2015 SANTA ANA,CA 92705-7838 916-843-3623 C LA CO.SANITATION WORK $ 11,954.00 H N TRAILER COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY ART 1955 WORKMAN MILL ROAD MCCULLOUGH 8124/2016 WHITTIER,CA 90601 310-483-9950 r? in MT-441 VBA 2ND FLOOR $ 178,421.00 MARTEC CONSTRUCTION, Omar 818-366-6766co N RENOVATION,1100 INC.rt WILSHIRE BLVD,LOS 10732 WHITE OAK AVE. ANGELES CA 90024 GRANADA HILLS,CA 91344 7/ 31/2016 Q o CITY OF CORONA 28,357.00 CITY OF CORONA Brandon Viayra M N FIRESTATION NO.2 755 CORPORATION YARD 951-232-0834 4/13/2016 CORONA,CA 92880 Moreno Valley Corpoarte Yard, $ 29,633.00 Keystone Builders Jose Hernandez cv 15670 PERRIS BLVD, 1026 S.State Ave.#302 626-224-3823 v MORENO VALLEY CA 92570 Los Angeles,CA 90021 4/6/2016 LA COUNTY SANITATION 2,653.00 N TRAINING ROOM COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY ART 1955 WORKMAN MILL ROAD MCCULLOUGH 3/31/2016 WHITTIER,CA 90601 310-483-9950 14.d Packet Pg. 228 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) N CITY OF CORONA 3 N FIRESTATION NO.2 CITY OF CORONA 755 BRANDON P:951-232-0834 E: w CORPORATION YARD WAY CORONA,CA 92880 Bra ndo viayra @ci_corona.ca.Demo/Installed Cpt, us base&epoxy 28,357.00 N Moreno Valley Jose Hernandez a' v N Corpoarte Yard,15670 CFFY OF MORENO VALLEY 626-224-3823 14177FREDRICKSTREETPO Demo InstalledPERRISBLVD,Keystone Builders MORENO VALLEY 88055 MORNEO VALLEY CA y Carpet tile,SDT& 92552 P:951-413-3000 1026 S.State Ave.#302 p CA 92570 Los Angeles,CA 90021 Base 29,633.00 CITY OF CORONA 3 N POLICE DEPARTMET CITY OF CORONA 755 BRANDON P:951-232-0834 E: O TRAINING CORPORATION YARD WAY CoxoNA,CA9zaso Brando_viayra @ci.corona.ca.Demo/Installed us Carpet&Base 9,919.00 b CITY OF CORONA Kevin Stabile 3 N OPEN CONTRACT CITY OF CORONA 755 pH:951-377-0541 E Demo/Installed Cpt, PENDING NEW PO# CORPORATION YARD WAY Base,VCT,SV& CORONA,CA 92880 kevin.stabile @ci.corona.ca.us Ceramic 45,000.00 CITY OF BUENA PARK CITY OF BURENA PARK a N N POOL UREA P.O.BOX 5009 Nino Libunao Demo/Installed BUENA PARK,CA 90622-5009 PH:714-562-3741 E: ceramic tile, cpt,Ivt& nlibunao @buenapark.com base 6,410.00 REDLANDS CFFY OF REDLANDS. Janet Miller w N N DEVELOPMENT P.O.BOX 3005 M SERVICES REDLANDS,CA 92373 PH:(909)335.4755 x 9 No Demo/Installed cpt, email vct&base 21,088.00 B.P.CITY YARD. 3 EMPLOYEE CTFY OF BUENA PARK Nino Libunao BREAKROOM P.O.BOX 5009 PH:714-562-3741 E:BUENA PARK,CA 90622-5009 nlibunao@buenapark.com vct&base 2,399.00 PERRIS SENIOR CITY OF PERRIS 101 N D STREET Lee Kemble w C N CENTER PERRIS CA 92570951-943-6100 PH:951-897-1821 NEW O1. r MILLENNIUM CONSTRUCTION SERVICES 4158 LUGO AVE. CHINO HILLS,CA 91709 Demo/ Installed LVT& Base 6,718.00 BUENA PARK SENIOR 3 N N CENTER CITY OF BUENA PARK r P.O.BOX 5009 Nino Libunao BUENA PARK,CA 90622-5009 PH:714-562-3741 E: Demo/Installed Cpt, nlibunao@buenapark.com Base,LVT,&VCT $ 26,237.00 OXNARD WOMEN'S CITY OF OXNARD 300 WEST 3 N N CENTER THIRD ST.OXNARD CA 93030 MattPH:909-7315470NIEMEYER P:805-385-8280 DEVELOPMENT& CONSTRUCTION P.O.BOX 1309 UPLAND,CA 91785-1309 Demo/Installed Cpt, VCT&Base 35,150.00 ONTRARIO POLICE CITYOF ONTARIO 303 E B Lee Kemble w N N DEPARTMENT ROOM STREET,ONTARIO CA 91764 PH:951-897-1821 NEW rn REMODEL P:99-395-2000 MILLENNIUM CONSTRUCTION SERVICES 4158 LUGO AVE, CHINO HISS,CA 91709 Demo/Installed LVT& Base Is 5,524.00 14.d Packet Pg. 229 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) PROPOSAL FOR RFP F-17-01 CSL#472436 M Q FLOtIRlN 1NCDIRNO. 1000001027 CIT Y OF SAN BERNARDINO BID DATE: 2/8/2017 FINANCE DEPT BID TIME:3:OOPM 300 N D STREET 4TH FLOOR SOLICITATION NUMBER: RFP F-17-01 SAN BERNARDINO CA 92418 INSTALL FLOORING BOTH UP-STAIRS IN TH EPOLICE DEPARTMENT MOORE FLOORING PROPOSES TO REMOVE AND DISPOSE OF EXISTING FLOORING. WE WILL FURNISH AND INSTALL SPECIFIED FLOORING (PATCRAFT CARPET TILE EXPERIENCE AND LVT TMBER GROVE (20MIL.) BURKE TP 4"BASE AS PER SPECIFICATIONS) IN THE FOLLOWING AREAS 1,2,3,4,5,7,8, 9,11 AND 12 AS DESIGNATED ON FLOOR PLANS RECEIVED BY OWNER. WE WILL MOVE AND REPLACE FURNITURE AS REQUIRED TO PERFORM PROPER INSTALLATIN. MOORE FLOORING WILL NOT BE RESPONSIBLE FOR COMPUTERS OR BOXING UP PERSONAL ITEMS. THIS WILL BE DONE BY OTHERS. ALL WORK TO BE PERFORMED OFF HOURS AND WEEKENDS AS REQUIRED TO MEET THE PROJECT DURATION. LEED TIME FOR MATERIALS IS 3 TO 5 WEEKS FROM TIME ORDER IS PLACED. THIS PROPOSAL IS GOOD FOR 120 DAYS FROM BID OPENING 2/8/2017. LUMP SUM PRICE$178,626.00 SEE FEE SCHEDULE FOR BREAKDOWNS MOOREJqLOORING INC. By A MOORE/PRESIDENT 14.d Packet Pg. 230 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) PROPOSAL FOR RFP F-17-01 CSL#472436 MORE ULOORIN6 INC. DIR NO. 1000001027 CIT Y OF SAN BERNARDINO BID DATE:21812017 FINANCE DEPT BID TIME: 3:OOPM 300 N D STREET 4TH FLOOR SOLICITATION NUMBER:RFP F-17-01 SAN BERNARDINO CA 92418 INSTALL FLOORING BOTH UP-STAIRS IN TH EPOLICE DEPARTMENT MOORE FLOORING PROPOSES TO REMOVE AND DISPOSE OF EXISTING FLOORING. WE WILL FURNISH AND INSTALL SPECIFIED FLOORING(PATCRAFT CARPET TILE EXPERIENCE AND LVT TMBER GROVE ( 20MIL.) BURKE TP 4"BASE AS PER SPECIFICATIONS)IN THE FOLLOWING AREAS 1,2,3,4,5,7,8,9,11 AND 12 AS DESIGNATED ON FLOOR PLANS RECEIVED BY OWNER. WE WILL MOVE AND REPLACE FURNITURE AS REQUIRED TO PERFORM PROPER INSTALLATIN. MOORE FLOORING WILL NOT BE RESPONSIBLE FOR COMPUTERS OR BOXING UP PERSONAL ITEMS. THIS WILL BE DONE BY OTHERS. ALL WORK TO BE PERFORMED OFF HOURS AND WEEKENDS AS REQUIRED TO MEET THE PROJECT DURATION. LEED TIME FOR MATERIALS IS 3 TO 5 WEEKS FROM TIME ORDER IS PLACED. THIS PROPOSAL IS GOOD FOR 120 DAYS FROM BID OPENING 2/812017. LUMP SUM PRICE$178,626.00 SEE FEE SCHEDULE FOR BREAKDOWNS MOORE LOORING INC. sy A MOOREIPRESIDENT 14.d Packet Pg. 231 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Fee Schedule RFP F-17- 01 STAT,°CONTRACTORS LICENSE N0.472436 FLOORING INC.DIR#1000001027 C"OORE j 5497 VINE STREET CHINO.CA_917105248 OFFICE:{909)6286111 FAX{909)62&2324 CONTRACTING OFFICE BID DATE 02/08/2017 CITY OF SAN BERNARDINO BID TIME 3=PM FINANCE DEPT SOLICITATION NUMSERIRFP)F-174" 300N D STR 4TH FLOOR PLACE OF PERFORMANCE SAN BERNARDINO CA 92418 CITY OF S.B.POLICE DEPARTMENT SAN BERNARDINO.CA 92401 LOCATION: QTY Ulm RATE TOTAL AREA 1 DOLLAR AMOUNT OF FLOORING PER ROOM 5305 SQ FT $3.25 $ 17.241.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 4,70006 $ 4,700.00 COST OF LABOR PER ROOM LUMP SUM 15,500.00 S 15,500.00 AREA 2 DOLLAR AMOUNT OF FLOORING PER ROOM 401 SO YD $ 24.93 S 9,997.00 ADDITIONA MATEREAS PER ROOM LUMP SUM I$ 2,575.00 S 2,575.00 COST OF LABOR PER ROOM LUMP SUM IS 7,880.00 S 7,880.00 AREA 3 DOLLAR AMOUNT OF FLOORING PER ROOM 55 SO YD $ 24.93 S 1,371.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 1288.00 S 1288.00 COST OF LABOR PER ROOM LUMP SUM S 3,991.00 S 3,991 AD AREA 4 DOLLAR AMOUNT OF FLOORING PER ROOM 151 SQ YD $ 24.93 S 3,764.00 ADDITIONA MATERIAS PER ROOM LUMP SLIM 1,806.00 S 1,806.00 COST OF LABOR PER ROOM LUMP SUM 3,987.00 S 3,987.00 AREAS DOLLAR AMOUNT OF FLOORING PER ROOM 77 SO Yp S 24.93 $ 1,920.00 ADDI IONA MATERIAS PER ROOM LUMP SUM 1,391.00 S 1,391.00 COST OF LABOR PER ROOM LUMP SUM S 1,80300 S 1,803.00 AREA 7 DOLLARAMOUNT OF FLOORING PER ROOM 6350 SOFT S 3.75 S 2AWS W ADDITIONA MATERIAS PER ROOM LUMP SUM 7,387.00 S 7.387.00 COST OF LABOR PER ROOM LUMP SLIM S 35,61500 S 35,615.00 AREAS DOLLAR AMOUNT OF FLOORING PER ROOM 46 SQ YD $ 24.93 $ 1,147.00 ADDIiIONAMATERIAS PER ROOM LUMPSUM 1,065.00 S 1,005.00 COST OF LABOR PER ROOM LUMP SUM 1,786.00 $ 1,78600 AREA9 DOLLAR AMOUNT OF FLOORING PER ROOM 365 SO YD S 24.93 $ 9,099.00 ADDRIONA MATERLAS PER ROOM LUMP SUM S 2.14.00 S 524.00 COST OF LABOR PER ROOM LUMP SLAM 8,090.00 $ S,09000 AREA 11 DOLLAR AMOUNT OF FLOORING PER ROOM 61 SO YD S 24.93 $ 1,621.00 ADDRIONA MATERMS PER ROOM LUMP SUM 1,153.00 $ 1,15300 COST OF LABOR PER ROOM LUMP SUM 3,785.00 3 3,785.00 AREA 12 DOLLAR AMOUNT OF FLOORING PER ROOM 99 SQ YD $ 24.93 $ 2,468.00 ADDITIONA MATERIAS PER ROOM LUMP SLIM 1,153.00 $ 1,153.00 COST OF LABOR PER ROOM LUMP SLIM 3.785-0015 3,78500 FIXED LUMP SUM PRICE S 178,626.00 THIS PROPOSAL IS GOOD FOR 120 DAYS FROM SRI DATE 01108=7 LINDAMOORFJ PRESIDENT bA00fTE FLOORING,INC. MIKE WOODBURY/ESTIMATOR La; ! ";i 14.d Packet Pg. 232 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) PROPOSAL r'OR RFP F-17-01 CSL#472436 ffoRl: FLOORING INC. DIR NO. 1000001027 CIT Y OF SAN BERNARDINO BID DATE:218/2017 FINANCE DEPT BID TIME:3:OOPM 300 N D STREET 4TH FLOOR SOLICITATION NUMBER: RFP F-17-01 SAN BERNARDINO CA 92418 INSTALL FLOORING BOTH UP-STAIRS IN TH EPOLICE DEPARTMENT MOORE FLOORING PROPOSES TO REMOVE AND DISPOSE OF EXISTING FLOORING. WE WILL FURNISH AND INSTALL SPECIFIED FLOORING(PATCRAFT CARPET TILE EXPERIENCE AND LVT TMBER GROVE (20MIL.) BURKE TP 4"BASE AS PER SPECIFICATIONS)IN THE FOLLOWING AREAS 1,2,3,4,5,7,8,9,11 AND 12 AS DESIGNATED ON FLOOR PLANS RECEIVED BY OWNER. WE WILL MOVE AND REPLACE FURNITURE AS REQUIRED TO PERFORM PROPER INSTALLATIN. MOORE FLOORING WILL NOT BE RESPONSIBLE FOR COMPUTERS OR BOXING UP PERSONAL ITEMS. THIS WILL BE DONE BY OTHERS. ALL WORK TO BE PERFORMED OFF HOURS AND WEEKENDS AS REQUIRED TO MEET THE PROJECT DURATION. LEED TIME FOR MATERIALS IS 3 TO 5 WEEKS FROM TIME ORDER IS PLACED. THIS PROPOSAL IS GOOD FOR 120 DAYS FROM BID OPENING 2/812017. LUMP SUM PRICE$178,626.00 ii SEE FEE SCHEDULE FOR BREAKDOWNS MOORE LOORING INC. By A MOOREIPRESIDENT 14.d Packet Pg. 233 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Fee Schedule RFP F-17-01 STATE CONTRACTORS LICENSE NO.4724-36 t noopr r`OOQ'N6 INC. iDIR#1000001027 f 1. 5497 VINE STREET CHINO.CA 917105248 OFFICE(909)6286111 FAX(909)628.2324 CONTRACTING OFFICE: BID DATE:021082017 CITY OF SAN BERNARDINO BID TIME 3_-00PM FINANCE DEPT SOLICITATION NUMBEFL-WP)F-1701 30ON D STR 4TH FLOOR PLACE OF PERFORMANCE SAN BERNARDINO CA 92418 CIT Y OF S.B.POLICE DEPARTMENT SAN BERNARDINO, CA 92401 LOCATION: QTY U/M IRATE TOTAL AREA 1 DOLLAR AMOUNT OF FLOORING PER ROOM 5305 SO FT S 325 S 17241.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 4.700.00 S 4,700.00 COST OF LABOR PER ROOM LUMP SUM 15,500.00 $ 15,500.00 AREA 2 DOLLAR AMOUNT OF FLOORING PER ROOM 401 SQ YD $ 24.93 $ 9,997.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 2,575.00 $ 2,575.00 COST OF LABOR PER ROOM LUMP SUM 7,880.00 $ 7,880.00 AREA 3 DOLLAR AMOUNT OF FLOORING PER ROOM 55 SO YD $ 24.93 S 1,371.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1„285.00 $ 1,288.00 COST OF LABOR PER ROOM LUMP SUM S 3,991.00 S 3.991.00 AREA4 DOLLAR AMOUNT OF FLOORING PER ROOM 151 SO YD $ 24.93 $ 3,764.00 ADDMOHA MATERIAS PER ROOM LUMP SUM 1,806,00 S 1.806.00 COST OF LABOR PER ROOM LUMP SUM 3,987.00 $ 3,987.00 AREAS DOLLAR AMOUNT OF FLOORING PER ROOM 77 SO YD S 24.93 S 1,920.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 1,391.00 S 1,391.00 COST OF LABOR PER ROOM LUMP SUM 1.803-001s 1,803.00 AREA 7 DOLLAR AMOUNT OF FLOORING PER ROOM 6350 SO FT $3.25 $ 20,638.00 ADDITIONA MATERIAS PER ROOM LUMP SUM 7,387.00 $ 7,387.00 COST OF LABOR PER ROOM LUMP SUM S 35,615.00 S 35,615.00 AREAS DOLLAR AMOUNT OF FLOORING PER ROOM 46 SO YD S 24.93 S 1,147.00 ADDRIONAMATERIAS PER ROOM LUMP SUM 1.005.00 S 1,005.00 COST OF LABOR PER ROOM LUMP SUM 1,786.00 $ 1,786.00 AREA 9 DOLLAR AMOUNT OF FLOORING PER ROOM 365 SO YD S 24.93 S 9,099.00 ADDITIONAMATERIAS PER ROOM LUMP SUM 2,524.00 S 2,524.0 COST OF LABOR PER ROOM LUMP SUM 8,090.00 $ 8.90.00 AREA 11 DOLLAR AMOUNT OF FLOORING PER ROOM 61 SO YD S 2493 $ 1521.00 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1.153.001$ 1,153.00 COST OF LABOR PER ROOM LUMP SUM 3.785.001$ 3,785.00 AREA 12 DOLLAR AMOUNT OF FLOORING PER ROOM 99 SQ YO S 24.93 $ 2,468.0 ADDITIONA MATERIAS PER ROOM LUMP SUM S 1,153.E $ 1,153. 0 COST OF LABOR PER ROOM LUMP SUM is 3.785.00 $ 3.785.00 FOXED LUMP SUM PRICE S 178,626.OD THIS PROPOSAL 15 GOOD FOR 12D DAYS FROM IND DATE 0210NMT n LINDA MOOFIEJ PRESIDENT MOOR:FLOORING,INC. MIKE WOODBURY/ESTIMATOR 14.d Packet Pg. 234 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) FOR PROOF OF INSURANCE PURPOSES ONLY 3 ) MOORFLO-01 LHEMMERS I'CORL/CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYri) 1 11/21/2016 I I--THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0757776 NAME: Lysandra Jones-Hemmers Redlands,CA-HUB International Insurance Services Inc. PHONE - FAX 470 East Hi E-MAIL hland Ave A/c No Ext:(909)379-1333 A/C,No): 909)533-2266 Redlands, A 92373 ADDRESS:lysandra.hemmers@hub international.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Financial Pacific Insurance Company 31453 INSURED INSURER B:Republic Underwriters 24538 Moore Flooring,Inc. INSURERC: 5497 Vine Street INSURER D Chino,CA 91710 INSURER E 1 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR-ADDLSUBR TYPE OF INSURANCE POLICY OFF P6LICY EXP 1 LTR INSD WVD POLICY NUMBER MWDD/YYYY1 (MM/DDfYYYY)I LIMITS A X!Comm ERCUIL GENERAL LIABILITY I 1 1 EACH OCCURRENCE $ 000,O0Oi CLAIMS-MADE (OCCUR X X 60451887 09/13/2016.09/13/2017 PREMISES Ea occurrence $ 1 0 MED EXP(Any one person) $ 5,006 J PERSONAL&ADV INJURY $ 1,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ 2,000,000; POLICY X jEO I LOC PRODUCTS-COMP/OP AGG $ 2,000,000,' OTHER_ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 1,000,000i i A X 1 ANY AUTO 160451887 09/13/2016,09/13/2017 BODILY INJURY(Per person) $ ALL OWNED 1r SCHEDULED i AUTOS AUTOS BODILY INJURY(Per accident) $ X I X I NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS per accident UMBRELLA LIAB X : OCCUR EACH OCCURRENCE 5 _2,000,000; A X i EXCESS LIAB CLAIMS-MADE 60451687 09/13/2016 09/13/2017!AGGREGATE 2,000,000; X DIED RETENTION$ O I WORKERS COMPENSATION PER OTH- AND EMPLOYERS'WIBILITY y/N I X I STATUTE 'ER B ,ANY PROPRIETOR/PARTNER/EXECUTIVE I y N/A TWO0126604 07/01/2016'07/0112017 E.L.EACH ACCIDENT $ 1,000,000, OFFICERJMEMBER EXCLUDED?J C ENT Mandatory in NH) E L DISEASE EA EMPLOYE -$ 1 000,000; i1 I If yes,describe under 1 DESCRIPTION OF OPERATIONS below I E.L.DISEASE POLICY LIMIT $ 1,000,000! A installation Floater 160451887 09/13/2016 09/13/2017;Installation Limit 0 A •Installation Floater 60451887 09/13/2016;'09/ 13/2017'Deductible 1,0001i DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: MFI#San Bernardino Sheriff Aviation Hanger 1601 E Third Street San Bernardino CA Sunbelt Flooring And San Bernardino Sheriff are Additional Insured on General Liability per CG201OR 1211 attached,where required by written contract. Primary Non-Contributory wording and Waiver of Subrogation included where required by written contract. II CERTIFICATE HOLDER CANCELLATION I j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE j THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INSanBernardinoSheriffAviationHangerACCORDANCEWITHTHEPOLICYPROVISIONS. 1601 E Third Street San Bernardino,CA 92408 AUTHORIZED REPRESENTATIVE i 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 14.d Packet Pg. 235 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) POLICY NUMBER:60451887 CG 20 10R 1211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PREMIUM InclBUSINESSOWNERSCOVERAGEFORM SCHEDULE NAME OF PERSON OR ORGANIZATION the qualifying language above because of Any person or organization to whom or to which payments we make for injury. the named insured is obligated by a virtue of a written contract to provide insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job location must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, partners, successors, contiguous State thereto. parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entities, including but not limited to The type of work performed must be that as agents, volunteers, servants, members and described- under classifications in the CGL partnerships are included as additional insureds, Coverage Part Declarations. if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved,the coverage applies to off- PRIMARY CLAUSE: site operations only. If the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies. is afforded by the general liability policy is primary insurance and other insurance shall be WHO IS AN INSURED:(Section 11) excess and shall not contribute to the insurance This section is amended to include as an afforded by this endorsement. insured the person or organization within the scope of the qualifying language above, but only EXCLUSION to the extent that the person or organization is This insurance provided to the additional insured held liable for your acts or omissions in the does not apply to "bodily injury", "property course of " your. work" for that person or damage" or "personal and advertising injury" organization by or for you. The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or failure to render any policy coverage as respects the additional professional services,including: insured does not apply to any work involving or 1. The preparing, approving, or failing to related-to. properties intended for residential or prepare or approve, maps, designs, habitational occupancy (other than apartments). shop drawings, opinions, reports, This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to the drawings and specifications;and named insured(s). 2. Supervisory, inspection, architectural or engineering activities. WAIVER OF SUBROGATION: We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have against, SEE DEC the person or organization within the-scope of Endorsement EXPIRATION DATE: I CC 20 101112 11 . Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1'6f 1' 14.d Packet Pg. 236 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. Proposer to enclose pages 17 & 18 (Annual Purchase Order) along with signed and dated Firm & Fixed "Fee" (in a separate SEALED envelope.) See Section 1. E.3.c. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes /' No circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Proposal Specifications that cannot be met by your firm. N/A Have you included in your proposal all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 120 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. 14.d Packet Pg. 237 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Cash discount allowable 0 % 30 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this proposal, Offeror(s)warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Received on: 2/1/2017 Addenda No: Received on: Addenda No: Received on: FIRM NAME:MOORE FLOORING,INC. ADDRESS: 5497 VINE STREET CHINO CA 91710 Phone: 909-628-6111 Email: GABBY @MOOREFLOORING.COM Fax: 909-628-2324 Authorized Signature: Print Name: LINDA MOORE Title: PRESIDENT IF SUBMITTING A"NO PROPOSAL", PLEASE STATE REASON (S) BELOW: I 14.d Packet Pg. 238 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) NON -COLLUSION Declaration TO: THE COMMON COUNCIL CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112,the undersigned hereby states, under penalty of per*ury: NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the PRESIDENT of OORE FLOORING the party making the foregoing bid.The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,,company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative therefor, to any corporation partnership company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership joint venture limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury of the laws of the State of California that the above information is true and correct and that this declaration is executed on FEBRUARY 7, 2017 date)at CHINO City) CALIFORNIA state). date)at CHINO (city). 14.d Packet Pg. 239 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) Contractor: MOORE FLOORING, INC By Signature) Title: PRESIDENT 14.d Packet Pg. 240 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. if a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR TRADE CONTRACTOR CITY and CSLB license# N/A LINDA MOORE Print Name Signature of Bidder Company Name: MOORE FLOORING, INC. Address: 5497 VINE STREET, CHINO CA 91710 REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive minor irregularities in a bid or bids not affected by law, if to do seems to best serve the public interest. 19 14.d Packet Pg. 241 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) OORE FLOORING INC. Commercial & Residential Specialist LIC.472436 Moore Flooring, Inc. 5497 Vine Street Chino CA 91710 February 1, 2017 To whom it may concern: I Linda Moore President of Moore Flooring, Inc.guarantee that the quoted price given to the City of San Bernardino RFP#F-17-01 is valid for 120 days from bid opening on February 1, 201 O Best regards, Linda Moore/President FO.box 5 124. 5497 Vine Street,Chino,Ca6ornia 91710•Ph:(909)628-61 1 1 •ffax:(909)628-2324•www.mnnrPflnnrina rnm 14.d Packet Pg. 242 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) m m CLoQ CD CD j oa c { Err c Cr n CD E:? o CD ca p 0 0 7 N V1 3 t O OfAr0 m y Dmm 0 C o o m to c- w vi o Z CD CL cn Co 0 COL apOAm u am mo -n O O N m ro Q r 0 fD IV CA) o m a m V m 0 m p ZO A U n p n 53,' r m n n N N' o cncoCLo6 CD 2 m m v, mn. o Z O o en m o Di o CO D c n m m T r" D CD r T O A i O 1 I n 14.d Packet Pg. 243 Attachment: Flooring for Police Headquarters 4_42pm (4880 : Purchase and Installation of New Flooring at Police Headquarters) This page left blank intentionally EtNARpj o Consent Calendar City of San Bernardino Request for Council Action G`'l ED IN 10 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager " By: Chief Jarrod Burguan Captain Raymond King Subject: Amendment Number Three to the Vendor Services Agreement with Platinum Security, Inc., for Security Services at Various City Locations Recommendation Adopt a Resolution approving Amendment Number Three to the Vendor Services Agreement between the City of San Bernardino, California, and Platinum Security, Inc.; and increasing the Purchase Order to Platinum Security, Inc., in an amount not to exceed $150,000 for the remainder of FY 2016/17. Background The Fiscal Year 2016/2017 Adopted Budget for contracted security services provides for security services at City buildings, however due to additional security needs, the purchase order for Platinum Security, Inc. must be increased. Discussion Platinum Security, Inc., has been the city's contracted security services vendor since late 2012. The company has been responsive to the City's needs when changes to the level of service have become necessary. With City Hall formally closing in the near future and services being relocated to other privately owned and maintained buildings in the Downtown, a security plan was prepared to address the changes and augment existing security services with a police lieutenant managing the security program. During discussions between staff and Platinum Security, Inc., the security plan for the leased facilities and existing City owned and operated facilities provides fixed armed guard positions at 600 N. Arrowhead Ave, 290 N. D Street, and City Hall plus a 24-hour a day/7-day a week roving armed guard position in a vehicle. The roving position will circulate amongst the buildings and structures in and around City Hall, 201 N. D Street. 15.a Packet Pg. 244 Attachment: Platinum Security (4881 : Platinum Security, Inc., Security Services Contract Amendment) Guards will also be present during some public meetings to augment the service provided by the Police Department requiring an increase in the service agreement. Attachment 1 describes the additional services requested. The projected cost for enhanced security service through the remainder of FY 2016/17 should not exceed 150,000. Fiscal Impact The FY 2016/2017 Adopted Budget includes $150,000 for contract security services. An additional $150,000 requested, will be funded from the current Police Department's Adopted Budget which has adequate resources for the balance of the fiscal year. Conclusion Staff recommends the Mayor and City Council approve Amendment Number Three to the Vendor Services Agreement between the City of San Bernardino and Platinum Security, Inc., and approve the increase in the Purchase Order to Platinum Security, Inc., by $150,000 for the remainder of FY 2016/17. Attachments Attachment 1 - Resolution, Exhibit A - Amendment Number Three to the Vendor Services Agreement Attachment 2 - Additional guard services requested Ward: 1 Synopsis of Previous Council Actions: 12/18/ 12 Resolution 2012-293 adopted authorizing the execution of a contract and issuance of an Annual Purchase Order to Platinum Security, Inc.,for security guard service at the Feldheym Library and San Bernardino Metrolink Station. 5/7/14 Resolution 2014-122 adopted authorizing the increase of the Purchase Order to Platinum Security, Inc.for security guard services. 9/16/ 14 Resolution 2014-346 adopted authorizing the increase of the Purchase Order to Platinum Security, Inc.,for security guard services at Successor Agency sites(VSA Amendment Number One). 6/22/16 Resolution 2016-122 adopted authorizing the increase of the Purchase Order to Platinum Security, Inc.,for security guard services. 6/22/ 16 Resolution 2016-127 adopted and authorizing Amendment Number Two to the Vendor Service Agreement adding security guard services at city sites (VSA Amendment Number Two). 15.a Packet Pg. 245 Attachment: Platinum Security (4881 : Platinum Security, Inc., Security Services Contract Amendment) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER THREE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC., FOR SECURITY SERVICES AT VARIOUS CITY LOCATIONS BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute Amendment Number Three to the Vendor Services Agreement between the City of San Bernardino and Platinum Security, Inc., a copy of which is attached hereto, marked Exhibit “A”, and incorporated herein by this reference as fully as though set forth at length. SECTION 2. That the Director of Finance, or his designee, is hereby authorized to increase the Annual Purchase Order in an amount not to exceed $150,000 for Fiscal Year 2016/2017 to Platinum Security, Inc. for a total contract amount of $493,589. /// /// /// /// /// /// /// /// 15.b Packet Pg. 246 Attachment: Platinum 2017.Attachment 1 (4881 : Platinum Security, Inc., Security Services Contract Amendment) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER THREE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PLATINUM SECURITY, INC., FOR SECURITY SERVICES AT VARIOUS CITY LOCATIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 15.b Packet Pg. 247 Attachment: Platinum 2017.Attachment 1 (4881 : Platinum Security, Inc., Security Services Contract Amendment) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NUMBER THREE TO THE VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND PLATINUM SECURITY, INC., FOR SECURITY SERVICES AT VARIOUS CITY LOCATIONS THIS AMENDMENT NUMBER THREE TO THE VENDOR SERVICES AGREEMENT (“Amendment Number Three”) is made as of the _____ day of ___________________ 2017, by and between the City of San Bernardino, a municipal corporation (“City”), and Platinum Security, Inc., a California corporation (“Vendor”). Collectively, City and Vendor are referred to herein as the “Parties” and individually as a “Party”. WITHNESSETH THAT: WHEREAS, City and Vendor previously entered into an original Agreement for Security Guard Services dated December 17, 2012 (the “Agreement”); and WHEREAS, the Agreement’s scope of services included security guard services at the Feldheym Library and the San Bernardino Metrolink Station, as more particularly described in the Agreement; and WHEREAS, the original Agreement was Amended by Resolution 2014-346 on September 16, 2014; and WHEREAS, the original Agreement was Amended by Resolution 2016-127 on June 22, 2016; and WHEREAS, the Police Department for the City of San Bernardino desires that Vendor provide additional security guard services with respect to City buildings and the downtown area consistent with the Scope of Services; and WHEREAS, Vendor agrees to provide additional security guard services with respect to those City buildings and the downtown area consistent with this Amendment Number Three; and WHEREAS, it now becomes necessary to adopt Amendment Number Three to said Agreement and the Parties are desirous of such amendment. NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Agreement as follows: 1. The Scope of Services is amended to add one armed guard whose primary assignment shall be 600 N. Arrowhead, one armed guard whose primary assignment shall be 290 N. D Street, one armed guard whose primary assignment shall be to patrol in a vehicle at and around City Hall, and one armed guard whose primary assignment shall be inside City Hall during the months of March, April, and May 2017. 15.c Packet Pg. 248 Attachment: Platinum 2017.Attachment 1.Exhibit A (4881 : Platinum Security, Inc., Security Services Contract Amendment) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Duties of all added guard positions at City buildings (600 N. Arrowhead, 290 N. D Street, and City Hall) shall include, but not limited to, monitoring and securing the building interior and exterior areas or other building identified at a later time. The duties of the patrolling guard position shall include, but not limited to, monitor and circulate amongst all buildings noted above including 201 N. E Street, 215 N. D Street, City Hall parking lots and the parking structure, and other City buildings identified at a later time. 3. The Schedule of Compensation and Expenses is amended to add funding in the amount of $150,000 for additional armed security guard services, as more particularly described in Attachment “1”, attached hereto and incorporated herein by this reference. The total contract amount is amended to an amount not to exceed $493,589. All remaining provisions of the Agreement and Amendment Number One and Amendment Number Two shall remain the same. 4. Performance of the terms contained in Amendment Number Three shall terminate on or before June 30, 2018. Schedule of Performance according to the terms of the Agreement and Amendment Numbers One and Two shall continue through June 30, 2018. 5. All remaining provisions of the Agreement and Amendment Numbers One and Two shall remain the same. IN WITNESS WHEREOF, the City and Vendor have approved this Amendment Number Three effective the day and year first above written. CITY: VENDOR: City of San Bernardino Platinum Security, Inc. By: _______________________ By: _____________________ Mark Scott Name: _____________________ City Manager/ Title: _____________________ Executive Director APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: __________________________ 15.c Packet Pg. 249 Attachment: Platinum 2017.Attachment 1.Exhibit A (4881 : Platinum Security, Inc., Security Services Contract Amendment) City Hall security services 600 N. Arrowhead Ave.  2 shifts to cover a 12-hour day (Monday-Friday)  0700-1300 hours (6 hours)  1230-1830 hours (6 hours) **Additionally there will be one evening Planning Commission meeting (3rd Thursday of the month) likely not to extend past 2200 hours and one Parks and Rec meeting per month from 1600-1800 hours. Parks & Recs covered under current hours, Planning Commission will add approx. 4-hours per month. Vanir Tower  2 shifts to cover a 13-hour day (Monday-Friday)  0700-1330 hours (6.5 hours)  1300-1930 hours (6.5 hours) One roving guard in a vehicle 24-7 (Sunday-Saturday)  0700-1500 hours (8 hours)  1500-2300 hours (8 hours)  2300-0700 hours (8 hours) ** This guard will circulate amongst all remaining buildings to include 201 N E Street, 215 N. D Street, City Hall parking lots and parking structure, City Hall (after vacated by water department) and Convention Center if reacquired. From March through May when water department is still at City Hall following will be required and paid for by Water (Monday-Friday)  0700-1300 hours (6 hours)  1200-1800 hours (6 hours) Total guard hours required per week – 293 plus 60 paid by water. Total weekly cost for guards is $5,816.50 plus $1,226.40 for vehicle = $7,042.90 Water Department guards = $1,191.00 **cost based on current rate of $19.85 per hour for guard and $7.30 per hour for vehicle** 15.d Packet Pg. 250 Attachment: Platinum 2017.Attachment 2 (4881 : Platinum Security, Inc., Security Services Contract Amendment) Monthly expense breakdown February 2017 - 4 weeks  Current staffing as follows  SB City Security Guards and Security Officer will cover most  Platinum will augment with approx. 119 hours = $2,362.15 March 2017 – 5 weeks  Staffing as noted above (to include City Hall fixed post) plus 4 additional hours for Planning Commission meeting.  $5,955.00 for Water Dept. guard in City Hall; $35,289.40 for remaining City buildings.  Total amount for all guards is $41,244.40 April 2017 – 4 weeks  Staffing as noted above (to include City Hall fixed post) plus 4 additional hours for Planning Commission meeting.  $4,764.00 for Water Dept. guard in City Hall; $28,251.00 for remaining City buildings.  Total amount for all guards is $33,015.00 May 2017 – 5 weeks  Staffing as noted above (to include City Hall fixed post) plus 4 additional hours for Planning Commission meeting.  $5,955.00 for Water Dept. guard in City Hall; $35,289.40 for remaining City buildings.  Total amount for all guards is $41,244.40 June 2017 – 4 weeks  Staffing as noted above plus 4 additional hours for Planning Commission meeting (Water Dept. should be out of City Hall therefore not funding guard in this building).  Total amount for all guards $28,251.00 15.d Packet Pg. 251 Attachment: Platinum 2017.Attachment 2 (4881 : Platinum Security, Inc., Security Services Contract Amendment) Total cost for Platinum to staff security positions at City Hall structures for the remainder of 2016/2017 fiscal year estimated to be approximately $146,116.95. Of this amount, $16,674.00 equates for the guard services remaining at City Hall while Water Department remains in the building. *** It should be noted that this schedule does not take into account Holidays during which the fixed post positions will not be scheduled to work but the roving Patrols will be expected to work with the additional cost of double time for each guard during the 24-hour period. City Hall guard services calculation breakdown FY16/17 Coverage needed is as follows  600 N. Arrowhead Ave – 12-hour per day X 5 days per week (Monday-Friday) = 60 hours per week *** plus an additional 4 hours on 3rd Thursday of the month for Planning Commission meeting.  Vanir Tower – 13-hour per day X 5 days per week (Monday–Friday) = 65 hours per week  Roving Patrol with vehicle 24-hour per day X 7 days per week = 168 hours per week  City Hall (while Water Dept present) 12-hour per day X 5 days per week (Monday- Friday) = 60 hours per week February –  Platinum will augment SB City Security officers and guards with approx. 119 hours at $19.85 per hour for a monthly total of $2,362.15 March -  5 weeks of coverage at (60+65+168+60=353) 353 hours guard service at $19.85 per hour ($7,007.05) plus 168 hours of vehicle use at $7.30 per hour ($1,226.40) totaling $8,233.45 per week. For a monthly total we multiply this by 5 ($41,167.25) and add an additional 4-hours guard service at $19.85 per hour for monthly Planning Commission meeting ($79.40)  Grand total for March is $41,246.65 April – 15.d Packet Pg. 252 Attachment: Platinum 2017.Attachment 2 (4881 : Platinum Security, Inc., Security Services Contract Amendment)  4 weeks of coverage at (60+65+168+60=353) 353 hours of guard service at $19.85 per hour ($7,007.05) plus 158 hours of vehicle use at $7.30 per hour ($1,226.40) totaling $8,233.45 per week. For a monthly total we multiply this by 4 ($32,933.80) and add an additional 4-hours guard services at $19.85 per hour for monthly Planning Commission meeting ($79.40)  Grand total for April is $33,013.20 May –  5 weeks of coverage at (60+65+168+60=353) 353 hours guard service at $19.85 per hour ($7,007.05) plus 168 hours of vehicle use at $7.30 per hour ($1,226.40) totaling $8,233.45 per week. For a monthly total we multiply this by 5 ($41,167.25) and add an additional 4-hours guard service at $19.85 per hour for monthly Planning Commission meeting ($79.40)  Grand total for May is $41,246.65 June –  4 weeks of coverage at (60+65+168) 293 hours of guard service at $19.85 per hour ($5,816.05) plus 168 hours of vehicle use at $7.30 per hour ($1,226.40) totaling $7,042.45 per week. For a monthly total we multiply this by 4 ($28,169.80) and add an additional 4-hours guard service at $19.85 per hour for monthly Planning Commission meeting ($79.40).  Grand total for June is $28,249.20 Total amount for the remainder of FY16/17 is $146,117.85 15.d Packet Pg. 253 Attachment: Platinum 2017.Attachment 2 (4881 : Platinum Security, Inc., Security Services Contract Amendment) gNARpj'I'O Consent Calendar City of San Bernardino Request for Council Action DI 10 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager A Gary D. Saenz, City Attorney By: Donn Dimichele, Deputy City Attorney Subject: Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for Litigation Services Recommendation Adopt the Resolutions of the Mayor and City Council of the City of San Bernardino and the Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino authorizing the execution of Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for legal services related to litigation. Background Placo San Bernardino LLC purchased a portion of the Carousel Mall in 2008, financing the purchase with a bank loan of about $16.5 million. The principals of Placo and a limited liability company owned by them guaranteed payment of the loan. Panattoni Development Company, Inc. acquired from the bank an option to buy the loan. The City of San Bernardino Redevelopment Agency later purchased the option from Panattoni and bought the loan. Placo defaulted on the loan, and in 2010 the RDA issued a foreclosure sale notice. Placo filed a lawsuit in state court seeking to stop the sale. The sale was postponed, and Placo dropped the lawsuit. In 2011, just before the new sale date, Placo filed a new lawsuit in federal court, again seeking to stop the sale. The court declined to stop the sale and the RDA bought the property at the foreclosure sale for about five million dollars less than the amount then owing on the loan. 1 Later in 2011, the RDA sued the loan guarantors for the five million dollar shortfall. Placo dismissed its federal court lawsuit and filed a new lawsuit in state court alleging the City, RDA, and Panattoni conspired to take the property from Placo by allowing the mall to deteriorate, publicizing their intent to construct a government center on the mall site, and denying improvement permits, all of which drove tenants away and caused Placo to have insufficient revenue to pay the loan. The cases were consolidated in the Los Angeles County Superior Court and are currently pending there. Placo also filed a claim for $30 million against the City in the bankruptcy court. The RDA agreed when it acquired the loan purchase option from Panattoni that it would defend and indemnify Panattoni in litigation arising out of the transaction and has been defending Panattoni pursuant to that agreement. Originally the City, RDA, and Panattoni were represented by the RDA's outside counsel, Lewis Brisbois Bisgaard & Smith LLP. The City Attorney's office took over the representation when the City filed bankruptcy in 2012, and obtained a stay of the case as against the RDA Successor Agency and Panattoni, the case having already been automatically stayed as against the City upon the filing of bankruptcy. The City Attorney's office is currently counsel of record for all three parties. Discussion In view of the complexity of the litigation and the resources required to handle it effectively, it is appropriate to retain outside counsel for the representation of the City, the RDA Successor Agency, and Panattoni. For the last several years Stradling Yocca Carlson & Rauth P.C. has represented the City in the bankruptcy court and has represented the City and Successor Agency on redevelopment-related matters, including matters relating to the Carousel Mall. The firm has experience and expertise in complex litigation and the representation of public entities, and due to its familiarity with the City and Successor Agency is well qualified to provide the legal services required for the matter at hand. Fiscal Impact The cost of the representation cannot be accurately predicted in advance as it will depend on how actively the matter is litigated by the adverse parties and the amount of work that is required to resolve the matter by settlement, summary judgment, or trial. It is believed that the Successor Agency can obtain funding for the representation of itself and Panattoni and for any award against those parties through the recognized obligation payment schedule process, subject to the approval of the California Department of Finance. Conclusion It is requested that the Mayor and City Council and the Mayor and City Council acting as the Successor Agency adopt the attached resolutions. 2 Attachments Attachment 1 — Resolution of Mayor and City Council Attachment 2 — Resolution of Mayor and City Council as Successor Agency Attachment 3 — Professional Services Agreement Ward: All Synopsis of Previous Council Actions: On May 5, 2010, the Mayor and Council acting as the Community Development Commission adopted Resolution No. CDC/2010-25 authorizing the RDA to acquire the option to purchase the loan. On March 7, 2011 the Mayor and Council adopted Resolution No. 2011-59 authorizing the execution of a professional services agreement between the City and Lewis Brisbois for representation in the federal case. The same date,the Mayor and Council acting as the Community Development Commission adopted Resolution No. CDC/2011- 12 authorizing the RDA to pay the City's attorney fees incurred in the case. 3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH P.C. FOR LEGAL SERVICES RELATED TO LITIGATION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino or his designee is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Stradling Yocca Carlson & Rauth P.C., the City of San Bernardino, and the City of San Bernardino as Successor Agency to the former Redevelopment Agency of the City of San Bernardino for legal services, a copy of which is attached hereto and incorporated herein as Exhibit “A,” and to make such non-material revisions to said agreement with the approval of the City Attorney as may be appropriate to effectuate the purposes of the agreement and its execution. SECTION 2. The authorization granted by this Resolution shall expire and be void and of no further effect if the agreement is not executed by all parties within sixty (60) days following the effective date of this Resolution. /// /// /// /// /// /// /// /// /// /// 16.a Packet Pg. 254 Attachment: Stradling PSA Reso1 (4882 : PSA with Straddling Yocca Calrson & Rauth) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH P.C. FOR LEGAL SERVICES RELATED TO LITIGATION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 16.a Packet Pg. 255 Attachment: Stradling PSA Reso1 (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH P.C. FOR LEGAL SERVICES RELATED TO LITIGATION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino, as Executive Director of the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, or his designee, is hereby authorized and directed to execute on behalf of said City a Professional Services Agreement between Stradling Yocca Carlson & Rauth P.C., the City of San Bernardino, and the City of San Bernardino as Successor Agency to the former Redevelopment Agency of the City of San Bernardino for legal services, a copy of which is attached hereto and incorporated herein as Exhibit “A,” and to make such non-material revisions to said agreement with the approval of the City Attorney as may be appropriate to effectuate the purposes of the agreement and its execution. SECTION 2. The authorization granted by this Resolution shall expire and be void and of no further effect if the agreement is not executed by all parties within sixty (60) days following the effective date of this Resolution. /// /// /// /// /// /// 16.b Packet Pg. 256 Attachment: Stradling PSA Reso2 (4882 : PSA with Straddling Yocca Calrson & Rauth) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH STRADLING YOCCA CARLSON & RAUTH P.C. FOR LEGAL SERVICES RELATED TO LITIGATION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 16.b Packet Pg. 257 Attachment: Stradling PSA Reso2 (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 PROFESSIONAL SERVICES AGREEMENT FOR SERVICES RELATING TO REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO v. DMC INVESTMENT HOLDINGS, LLC.,et al., LOS ANGELES COUNTY SUPERIOR COURT CASE NO. BC465755; AND PLACO SAN BERNARDINO, LLC v. CITY OF SAN BERNARDINO, ET AL., LOS ANGELES COUNTY SUPERIOR COURT CASE NO. BC468955, CONSOLIDATED CASES 1. The City of San Bernardino (City), the City of San Bernardino as Successor Agency to the former Redevelopment Agency of the City of San Bernardino (Successor Agency), and the law firm of Stradling Yocca Carkson & Rauth P.C. (SYC&R) are the parties to this Agreement. 2. SYC&R will represent the following parties in the consolidated cases identified above: the City, the Successor Agency, Panattoni Development Company, Inc. (Panattoni); and any designated officer or employee of the City or the Successor Agency who may later be named. SYC&R shall not represent any client in any type of claim against the City or the Successor Agency without prior written approval to do so through the City Attorney’s Office. 3. SYC&R shall be paid at the hourly rates set forth below: Attorneys - $350.00 to $375.00 per hour depending on experience; and, Paralegals - $150.00 per hour. The amounts expended under this Agreement for attorney fees shall not exceed $50,000 without further approval of the Mayor and Common Council. 4. Bills shall be submitted at least on a monthly basis and no later than the fifth day of each succeeding month. Bills shall separately identify the amounts allocable to services rendered to the City, the Successor Agency, and Panattoni in order that the Successor Agency may seek funding for services rendered to itself and Panattoni through the recognized obligation payment schedule process. 16.c Packet Pg. 258 Attachment: Stradling PSA Attachment (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 5. The actual cost for filing fees, telephone charges, photocopying, postage, lodging, mileage and related travel costs shall be itemized when submitted for reimbursement. SYC&R may include a single charge in an amount not to exceed four percent (4%) of attorney fees in lieu of reimbursement for photocopying, telephone charges, and postage. 6. If attorney fees are charged “portal to portal” (e.g., from office to court and return), then SYC&R shall not be entitled to reimbursement for mileage and parking fees. 7. SYC&R shall obtain approval from the City Attorney’s Office to retain expert witnesses, consultants, and other professionals (not including court reporters) for purposes of the litigation. SYC&R may, if it chooses, pay the fees and charges of such consultants and seek reimbursement on its periodic statement, or it may forward the consultant’s bill to the City with a request that the City and the Successor Agency pay it directly. Consultants shall not bill the City or the Successor Agency directly without prior approval of the City’s Finance Department. 8. Status reports will be submitted to the City Attorney=s Office whenever any significant event occurs, and in any event at least quarterly. Information sufficient to set reserves, including, without limitation, potential liability exposure and percentage of fault, shall be included. SYC&R shall comply with all reporting requirements of BICEP, if applicable. 9. Copies of all opinions, pleadings, discovery and motions shall be provided to the City Attorney=s Office which may reproduce the same and provide copies to other parties or attorneys in this or other litigation. 10. Copies of any correspondence and other documents sent to any of the parties in this action shall also be provided to the City Attorney=s Office. 11. Any and all settlements shall require approval of the settling client. Requests for settlement authority shall be made through the City Attorney=s Office which shall obtain the necessary approvals. 12. In the event the settlement value of this case appears to exceed $1,000,000.00 the City Attorney=s Office shall be notified immediately. 16.c Packet Pg. 259 Attachment: Stradling PSA Attachment (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 13. Allison Burns and David Palmer shall conduct any trial of the consolidated cases referenced above, unless otherwise agreed by the City Attorney’s Office. 14. No client development costs are to be included in billings. 15. No continuing education expenses are to be included in billings. 16. Final billing shall be accompanied by copies of the Request for Dismissal, Satisfaction of Judgment, Release and any other final documents. 17. Each party may terminate its participation in this Agreement at will. SYC&R will continue to represent the City, Successor Agency, and Panattoni on the terms and conditions in this Agreement until the cases and files are transferred to another attorney. 18. SYC&R is an independent contractor as to the City, Successor Agency, and Panattoni. 19. SYC&R shall maintain the following types of insurance with limits as shown: a) Workers Compensation as required by the laws of the State of California, including Employment Liability with $250,000 limits covering all persons providing service on behalf of SYC&R and all risks to such persons under this Agreement. SYC&R shall require its Workers Compensation carrier to waive all rights of subrogation against the City, Successor Agency, Panattoni, their officers and employees, and any others for whom services are being provided under this Agreement. b) Comprehensive General and Automobile Liability Insurance coverage to include contractual coverage and automobile coverage for owned, hired and non-owned vehicles. The policy shall have at least a combined single limit of $1,000,000 for bodily injury and property damage. c) Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the City, Successor Agency, and Panattoni as additional insureds, the policy may be endorsed as follows: 16.c Packet Pg. 260 Attachment: Stradling PSA Attachment (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 AInsurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the City of San Bernardino and the Successor Agency to the former Redevelopment Agency of the City of San Bernardino for legal services, provided such liability results from an error, omission or negligent act of the insured, its officers, employees, agents, or subcontractors. All other provisions of this policy are to remain unchanged.@ SYC&R shall furnish certificates of insurance and certified copies of all policies and endorsements to the City Attorney=s Office evidencing the insurance coverage above required 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 City Attorney=s Office, and shall maintain such insurance from the time SYC&R commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming all parties represented under this Agreement and their employees, agents, volunteers, and officers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance policies or self-insurance programs carried or administered by any of the parties represented under this Agreement. 20. All communications and billings to the City or Successor Agency are to be directed as follows: City Attorney=s Office City of San Bernardino 300 North AD@ Street San Bernardino, CA 92418 16.c Packet Pg. 261 Attachment: Stradling PSA Attachment (4882 : PSA with Straddling Yocca Calrson & Rauth) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 21. In compliance with City of San Bernardino Municipal Code Section 2.20.060, the Office of the City Attorney shall appear as co-counsel with SYC&R on any court documents filed by SYC&R on behalf of the City or the Successor Agency. 22. This Agreement is the parties’ entire agreement on the subject matter hereof and supersedes all other negotiations and understandings relating thereto. This Agreement may be modified only in a written amendment signed by all parties hereto. Dated: , 2017 STRADLING YOCCA CARLSON & RAUTH P.C. By: Dated: , 2017 CITY OF SAN BERNARDINO By: Mark Scott, City Manager Approved as to form: Gary D. Saenz, City Attorney By: CONSENT OF PANATTONI DEVELOPMENT COMPANY, INC. Panattoni Development Company, Inc., hereby consents to the execution of the foregoing agreement and the representation to be provided pursuant to the agreement. Dated: , 2017 PANATTONI DEVELOPMENT COMPANY, INC. By: 16.c Packet Pg. 262 Attachment: Stradling PSA Attachment (4882 : PSA with Straddling Yocca Calrson & Rauth) This page left blank intentionally ti1tNARp o cQ Consent Calendar 0 City of San Bernardino Request for Council Action D LN l0 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager #V By: Mark Persico, AICP, Community Development Director Jodi Mansfield, Code Enforcement Division Manager Subject: Amendment Number One to Increase Contract Amount for Two Code Enforcement Board-Up Contractors — Absolute Property Preservation and Brett Carlson Construction Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to increase the contract amount and extend the term for two property board-up contractors. Background October 19, 2015, bids were received from nine contractors for "on call" board up and abatement services in response to RFQ, F-16-03A. In December 2015, the City Manager executed contracts with the three lowest responsible bidders. Each contractor was awarded contracts of up to $49,000 for "on call" board up and property clean-up services. Analysis The Community Development Department budget provides for contractors to conduct abatement services that include securing and cleaning properties. The "on call" services are utilized by staff from Code Enforcement, the Police Department, County Fire Department (for structures within City limits) and the City Attorney's Office. Currently, there are three contractors to conduct abatements, with contracts in the amount of $49,000 each. One firm, Miken Construction, was specifically approved to secure properties using a polycarbonate material. The product, however, was not as effective as promised and the cost is almost twice the cost of a plywood board-up. Two firms, Brett Carlson Construction and Absolute Property Preservation, have exhausted the original $49,000 contract amount. In order to maintain the City's ability to effectively abatement nuisances, the Department is requesting an increase to Absolute 17.a Packet Pg. 263 Attachment: Absolute Property Preservation (4883 : Code Enforcement Board-Up Contract Amendment) Property Preservation in the amount of $51,000.00 for the remainder of this year, and 26,000.00 for Brett Carlson Construction for the remainder of the year. Contractor Name Original Contract Amended Amount Total (current ear) Absolute Property 49,000 51,000 100,000 Preservation Brett Carlson 49,000 26,000 75,000 Construction Miken Construction 49,000 None 49,000 Staff is also seeking approval to allow for three additional one-year extensions to the Absolute and Carlson Agreements. Each subsequent year Agreement is for an amount not to exceed $100,000 and $75,000 respectively. Fiscal Impact There is $303,810 budgeted for FY 2016-17 in professional contract services, which includes funding for the clean-up and board-up of vacant and abandon properties, and the current account balance is $88,686. When a property is abated the property owner is charged and if timely payment is not received, a lien is recorded against the property. Over time, the City fully recovers the property abatement costs. Attachments Attachment 1 — Resolution; Exhibit A- Amendment Number One with Absolute Property Management, Exhibit B- Amendment Number One with Brett Carlson Construction Attachment 4 — Original Agreement with Absolute Property Management Attachment 5 — Original Agreement with Brett Carlson Construction Ward: All Synopsis of Previous Council Actions: 17.a Packet Pg. 264 Attachment: Absolute Property Preservation (4883 : Code Enforcement Board-Up Contract Amendment) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO.______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE WITH ABSOLUTE PROPERTY PRESERVATION AND BRETT CARLSON CONSTRUCTION FOR “ON CALL” BOARD-UP AND ABATEMENT SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute Amendment Number One to the existing Agreement with Absolute Property Preservation, attached hereto as Exhibit “A,” to increase the total compensation amount to $100,000 annually and the extend the term for up to three additional years for “on call” abatement services to include securing structures, draining pools, and cleaning properties. SECTION 2. The City Manager is hereby authorized and directed to execute Amendment Number One to existing Agreement with Brett Carlson Construction, attached hereto as Exhibit “B,” to increase the total compensation amount to $75,000 annually and the extend the term for up to three additional years for “on call” abatement services to include securing structures, draining pools, and cleaning properties. SECTION 3. All provisions of the Original Contractor Services Agreements shall remain in effect with the exception of the Compensation and Term sections. SECTION 4. The authorization to execute the above-referenced agreements is rescinded if the Agreements are not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. / / / / / / / / / 17.b Packet Pg. 265 Attachment: Amendment Board Up.Resolution (4883 : Code Enforcement Board-Up Contract Amendment) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE WITH ABSOLUTE PROPERTY PRESERVATION AND BRETT CARLSON CONSTRUCTION FOR “ON CALL” BOARD-UP AND ABATEMENT SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________ meeting thereof, held on the ______ day of ____________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CM, City Clerk The foregoing Resolution is hereby approved this __________ day of __________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: ___________________________ 17.b Packet Pg. 266 Attachment: Amendment Board Up.Resolution (4883 : Code Enforcement Board-Up Contract Amendment) 1 AMENDMENT NUMBER ONE TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ABSOLUTE PROPERTY PRESERVATION FOR BOARD-UP AND PROPERTY ABATEMENT SERVICES THIS AMENDMENT NUMBER ONE TO AGREEMENT is made and entered into this _____day of ___________, 2017 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and ABSOLUTE PROPERTY PRESERVATION ("CONTRACTOR"). W I T N E S S ET H : WHEREAS, CITY and CONTRACTOR entered into the Original Agreement on December 14, 2015; and WHEREAS, CITY and CONTRACTOR seek to amend the Original Agreement by increasing the total annual compensation and provide the opportunity to extend the term. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 2.1 Compensation of the Agreement is hereby amended to increase the total amount of the Agreement by $51,000 to a total of $100,000 annually. 2. Section 3.1 Term of the Agreement is hereby amended to continue through June 30, 2017, plus three (3) single-year options to renew, on a year-to-year basis with written notice from the City prior to June 1 of the preceding year, unless the Agreement is previously terminated as provided. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// /// /// /// /// /// 17.c Packet Pg. 267 Attachment: Amendment Board Up.Agreement - Absolute Property Preservation (4883 : Code Enforcement Board-Up Contract Amendment) 2 AMENDMENT NUMBER ONE TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND ABSOLUTE PROPERTY PRESERVATION FOR BOARD-UP AND PROPERTY ABATEMENT SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, ABSOLUTE PROPERTY PRESERVATION A Municipal Corporation CONTRACTOR ______________________________ ________________________ Mark Scott, City Manager Signature ________________________ Name and Title APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 17.c Packet Pg. 268 Attachment: Amendment Board Up.Agreement - Absolute Property Preservation (4883 : Code Enforcement Board-Up Contract Amendment) 1 AMENDMENT NUMBER ONE TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND BRETT CARLSON CONSTRUCTION FOR BOARD-UP AND PROPERTY ABATEMENT SERVICES THIS AMENDMENT NUMBER ONE TO AGREEMENT is made and entered into this _____day of ___________, 2017 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and BRETT CARLSON CONSTRUCTION ("CONTRACTOR"). W I T N E S S ET H : WHEREAS, CITY and CONTRACTOR entered into the Original Agreement on December 10, 2015; and WHEREAS, CITY and CONTRACTOR seek to amend the Original Agreement by increasing the total annual compensation and provide the opportunity to extend the term. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 2.1 Compensation of the Agreement is hereby amended to increase the total amount of the Agreement by $26,000 to a total of $75,000 annually. 2. Section 3.1 Term of the Agreement is hereby amended to continue through June 30, 2017, plus three (3) single-year options to renew, on a year-to-year basis with written notice by the City before June 1 of the preceding year, unless the Agreement is previously terminated as provided. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// /// /// /// /// /// 17.d Packet Pg. 269 Attachment: Amendment Board Up.Agreement - Carlson Construction (4883 : Code Enforcement Board-Up Contract Amendment) 2 AMENDMENT NUMBER ONE TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND BRETT CARLSON CONSTRUCTION FOR BOARD-UP AND PROPERTY ABATEMENT SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, BRETT CARLSON CONSTRUCTION A Municipal Corporation CONTRACTOR _________________________________ ________________________ Mark Scott, City Manager Signature ________________________ Name and Title APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ____________________________________ 17.d Packet Pg. 270 Attachment: Amendment Board Up.Agreement - Carlson Construction (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 271 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 272 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 273 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 274 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 275 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 276 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 277 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.e Packet Pg. 278 Attachment: Absolute_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 279 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 280 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 281 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 282 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 283 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 284 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 285 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) 17.f Packet Pg. 286 Attachment: Carlson_OrigAgreement (4883 : Code Enforcement Board-Up Contract Amendment) FItNAR0 0 Consent Calendar City of San Bernardino o' Request for Council Action G'1 ED IN Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Managers' By: Andrea Miller, Assistant City Manager Lisa Connor, Project Manager Subject: Purchase and Sale Agreement for 333 North "H" Street, San Bernardino Recommendation Adopt a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Fairview Ford Sales, Inc. with respect to 333 North "H" Street, San Bernardino (APN 0134-182-04) and approving certain related actions. Background Pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, on January 9, 2012 the Mayor and Common Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"). The Oversight Board for the Successor Agency ("Oversight Board") has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment agency. On September 15, 2015, the Successor Agency submitted its Oversight Board- approved Long-Range Property Management Plan (the "LRPMP") to the California Department of Finance (the "DOF"). On December 31, 2015, the DOF approved the Successor Agency's LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all the real property assets of the former redevelopment agency. The approved LRPMP, which addresses the disposition and use of the real property assets held by the Successor Agency, includes 230 parcels of land grouped into forty-six (46) separate sites, eighteen (18) of which were designated as government use sites, seven (7) of which are designated as future development sites and twenty- one (21) of which were designated to be sold. Pursuant to DOF's letter of May 17, 2016, on August 1, 2016, the Mayor and Common Council adopted Resolution No. 2016-165, which authorized the transfer from the 18.a Packet Pg. 287 Attachment: 333 North _H_ Street (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Page 2 the LRPMP as future development sites subject to the City accepting all of the Successor Agency's obligations to comply with the applicable provisions of the HSC governing the later transfer of future development-designated real property to third-party entities, just as though said real property had never been transferred to the City by the Successor Agency in the first place. Consistent with the foregoing, the Successor Agency transferred the Property to the City via quitclaim deed on August 16, 2016, and the City is now responsible for compliance with the applicable provisions of the HSC governing the later transfer of real property to third-parties. In this case, the City is the owner of record as to that certain real property consisting of approximately 0.46 acres of vacant land located at 333 North "H" Street, San Bernardino, California (APN 0134-182-04) (the "Property"). Within the LRPMP, the Property is: i) identified as a non-contiguous portion of Site No. 20 (i.e., also known as the Carousel Mall site); ii) described as a vacant commercial site; iii) designated for future development; and iv) more fully described within Exhibit "A" to the attached Resolution, which is an excerpt from the LRPMP. Discussion Since the Property was never a portion of the Carousel Mall and will not be included within future development plans for the reuse of the Carousel Mall site, it has been determined that the Property should be sold instead of being held for future development and that the net proceeds of sale be distributed to the taxing entities. Pursuant to its letter dated January 17, 2017, Fairview Ford Sales, Inc. ("Fairview") has offered to purchase the Property for $80,152.00 for parking purposes (the "Fairview Offer Letter"), subject to certain conditions, as more fully described within the Fairview Offer Letter, a copy of which is included as Exhibit "B" to the attached Resolution. To determine whether the purchase price offered by Fairview is fair and reasonable, the City commissioned Lee & Associates Commercial Real Estate Services (the "Lee & Associates") of Ontario California, a real estate brokerage firm familiar with the industrial/commercial real estate market within the Inland Empire Region in general and the City of San Bernardino in particular, to prepare a Broker's Opinion of Value (the "BOV") to confirm if the purchase price offered by Fairview for the Property is fair and reasonable. Based on past practice, the DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of real property being sold by a successor agency is fair and reasonable. On February 2, 2017, the City received the BOV from Lee & Associates indicating its opinion that the market value of the Property is currently $78,148.00 (the "BOV Market Value"). In consideration that the $80,152.00 purchase price offered by Fairview for the Property exceeds the BOV Market Value by $2,004.00 or 2.6%, it may be concluded that the purchase price offered by Fairview for the Property is fair and reasonable, as more fully described within the BOV, a copy of which is included as Exhibit "C" to the attached Resolution. The adoption of the attached Resolution will approve the Purchase and Sale Agreement and Joint Escrow Instructions (the "Agreement") between the City and Fairview with respect to the Property, a copy of which is included as Exhibit "D" to the attached 18.a Packet Pg. 288 Attachment: 333 North _H_ Street (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Page 3 Resolution, and authorize certain related actions. Consistent with the provisions of the HSC and the LRPMP with respect to real property to be sold, the effectiveness of the Agreement is subject to the approval of the Oversight Board and the DOF. Subject to the approvals of the Oversight Board and DOF and on behalf of the Successor Agency, the City intends to distribute the land sale proceeds to the San Bernardino County Auditor-Controller for distribution to the taxing entities, less the costs of sale attributable to the City that are described within the Agreement. The attached Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's environmental guidelines. The Resolution does not constitute a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines. Fiscal Impact The purchase price for the Property equals $80,152.00. Per the HSC and the LRPMP, the net proceeds of sale will be submitted to the County Auditor-Controller (the "CAC"). Once received, the CAC will in turn distribute the funds to the effected taxing entities in proportion to each taxing entities' proportionate share of the General Tax Levy (the GTL"). As an entitled taxing entity, the City of San Bernardino receives a portion of the GTL applicable to the project areas of the City's former redevelopment agency. In this case, it is estimated that the City may receive approximately 14,000 from the net proceeds. Conclusion Based on the foregoing, staff recommends that the Mayor and City Council adopt a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Fairview Ford Sales, Inc. with respect to 333 North "H" Street, San Bernardino (APN 0134-182-04) and approving certain related actions. Attachments Attachment 1- Resolution; Exhibit A- LRPMP Description, Exhibit B- Fairview Ford Letter, Exhibit C- BOV Market Value, Exhibit D- Purchase and Sale Agreement and Joint Escrow Instructions Ward: Ward 1 Synopsis of Previous Council Actions: None. i i 18.a Packet Pg. 289 Attachment: 333 North _H_ Street (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) This page left blank intentionally 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2017-___ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF SAN BERNARDINO AND FAIRVIEW FORD SALES, INC. WITH RESPECT TO THE REAL PROPERTY LOCATED AT 333 NORTH “H” STREET, SAN BERNARDINO, CALIFORNIA (APN 0134-182-04) AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and Common Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency”); and WHEREAS, the Oversight Board for the Successor Agency (“Oversight Board”) has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment agency; and WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight Board-approved Long-Range Property Management Plan (the “LRPMP”) to the California Department of Finance (the “DOF”); and WHEREAS, on December 31, 2015, the DOF approved the Successor Agency’s LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all the real property assets of the former redevelopment agency; and WHEREAS, the approved LRPMP, which addresses the disposition and use of the real property assets held by the Successor Agency, includes 230 parcels of land grouped into forty- six (46) separate sites, eighteen (18) of which were designated as government use sites, seven (7) of which are designated as future development sites and twenty-one (21) of which were designated to be sold; and WHEREAS, per DOF’s letter of May 17, 2016, on August 1, 2016, the Mayor and Common Council adopted Resolution No. 2016-165, which authorized the transfer from the 18.b Packet Pg. 290 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Successor Agency and the acceptance by the City of the seven (7) sites identified with the LRPMP as future development sites subject to the City accepting all of the Successor Agency’s obligations to comply with the applicable provisions of the HSC governing the later transfer of future development-designated real property to third-party entities, just as though said real property had never been transferred to the City by the Successor Agency in the first place; and WHEREAS, consistent with the foregoing, the Successor Agency transferred the Property to the City via quitclaim deed on August 16, 2016 and the City is now responsible for compliance with the applicable provisions of the HSC governing the later transfer of real property to third-parties; and WHEREAS, consistent with the foregoing, the City is the owner of record as to that certain real property consisting of approximately 0.46 acres of vacant land located at 333 North “H” Street, San Bernardino, California (APN 0134-182-04) (the “Property”); and WHEREAS, within the LRPMP, the Property is: i) identified as a non-contiguous portion of Site No. 20 (i.e., also known as the Carousel Mall site); ii) described as a vacant commercial site; iii) designated for future development; and iv) more fully described within Exhibit "A" attached hereto, which is an excerpt from the LRPMP; and WHEREAS, since the Property was never a portion of the Carousel Mall and will not be included within future development plans for the reuse of the Carousel Mall site, the City has determined that the Property should be sold instead of being held for future development and that the net proceeds of sale are to be distributed to the taxing entities; and WHEREAS, pursuant to its letter dated January 17, 2017, Fairview Ford Sales, Inc. (“Fairview”) has offered to purchase the Property for $80,152.00 for parking purposes (the “Fairview Offer Letter”), subject to certain conditions, as more fully described within the Fairview Offer Letter, a copy of which is attached to this Resolution as Exhibit “B”; and WHEREAS, to determine whether the purchase price offered by Fairview is fair and reasonable, the City commissioned Lee & Associates Commercial Real Estate Services (the “Lee & Associates”) of Ontario California, a real estate brokerage firm familiar with the industrial/commercial real estate market within the Inland Empire Region in general and the City of 18.b Packet Pg. 291 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 San Bernardino in particular, to prepare a Broker’s Opinion of Value (the “BOV”) to confirm if the purchase price offered by Fairview for the Property is fair and reasonable; and WHEREAS, based on past practice, the DOF has acknowledged that BOVs are an acceptable method and basis for confirming that the value of real property being sold by a successor agency is fair and reasonable; and WHEREAS, on February 2, 2017, the City received the BOV from Lee & Associates indicating its opinion that the market value of the Property is currently $78,148.00 (the “BOV Market Value”); and WHEREAS, in consideration that the $80,152.00 purchase price offered by Fairview for the Property exceeds the BOV Market Value by $2,004.00 or 2.6%, it may be concluded that the purchase price offered by Fairview for the Property is fair and reasonable, as more fully described within the BOV, a copy of which is attached to this Resolution as Exhibit “C”; and WHEREAS, this Resolution will approve the Purchase and Sale Agreement and Joint Escrow Instructions (the “Agreement”) between the City and Fairview with respect to the Property, a copy of which is attached to this Resolution as Exhibit “D”, and authorize certain related actions; and WHEREAS, consistent with the provisions of the HSC and the LRPMP with respect to real property to be sold, the effectiveness of the Agreement is subject to the approval of the Oversight Board and the DOF; and WHEREAS, subject to the approvals of the Oversight Board and DOF and on behalf of the Successor Agency, the City intends to distribute the land sale proceeds to the San Bernardino County Auditor-Controller for distribution to the taxing entities, less the costs of sale attributable to the City that are described within the Agreement; and WHEREAS, all actions required by all applicable law to be taken by the City with respect to the Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder; and 18.b Packet Pg. 292 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the “CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the “CEQA Guidelines”), and the City’s environmental guidelines; and WHEREAS, this Resolution does not constitute a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The $80,152.00 purchase price for the Property is determined to be fair and reasonable. Section 3. The Agreement for the purchase and sale of the Property, attached hereto as Exhibit “D”, is approved. Section 4. The City Manager is authorized and directed to: i) execute the Agreement substantially in the form presented; ii) make ministerial revisions to the Agreement which do not increase the City’s obligations or materially reduce the consideration payable to the City; iii) sign a grant deed and any other documents the execution of which is necessary or appropriate to carry out and implement the Agreement; iv) administer the City’s obligations under the Agreement; and v) take such other actions and execute such other documents as are necessary as may otherwise be required to fulfill the intent of this Resolution. Section 5. This Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or 18.b Packet Pg. 293 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Section 6. This resolution shall take effect only after its adoption and execution in the manner as required by the City Charter and the approval of the Agreement by the Oversight Board and the DOF. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 18.b Packet Pg. 294 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF SAN BERNARDINO AND FAIRVIEW FORD SALES, INC. WITH RESPECT TO THE REAL PROPERTY LOCATED AT 333 NORTH “H” STREET, SAN BERNARDINO, CALIFORNIA (APN 0134-182-04) AND APPROVING CERTAIN RELATED ACTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino, at a regular meeting thereof, held on the 6th day of March, 2017, by the following vote, to wit: Council Members Ayes Nays Abstain Absent MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this day of March 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to Form: Gary D. Saenz, City Attorney By: 18.b Packet Pg. 295 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 EXHIBIT “A” Narrative for Site No. 20 333 N. “H” Street, San Bernardino (APN 0134-182-04) Excerpted from the Long-Range Property Management Plan (Pages 87-96) (See Attachment) 18.b Packet Pg. 296 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 EXHIBIT “B” January 17, 2017 Letter From Fairview Ford Sales, Inc. (See Attachment) 18.b Packet Pg. 297 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 EXHIBIT “C” Broker’s Opinion of Value Prepared by Lee & Associates Commercial Real Estate Services (See Attachment) 18.b Packet Pg. 298 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 EXHIBIT “D” Purchase and Sale Agreement and Joint Escrow Instructions Between the City of San Bernardino And Fairview Ford Sales, Inc. (See Attachment) 18.b Packet Pg. 299 Attachment: PSA for 333 N H Street.Resolution (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall Address: 333 N. "H" 396 N. "E" 144 Carousel 322-344 N. "E" 120-295 APNs: Street Street Mall Street Carousel Mall 0134-231-31 0134-182-04 0134-221-43 0134-181-28 0134-231-28 0134-211-34 0134-291-11 0134-211-38 0134-301-20 0134-221-45 0134-301-22 0134-231-27 0134-231-29 r a w lr t y i y a l 87 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 300 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall A. Permissible Use(HSC$34191.5( c) (2)): Site No.20 is the Carousel Mall and is proposed to be transferred to the City of San Bernardino for future development pursuant to HSC § 34191.5 (c)(2). B. Acquisition of Property(HSC$34191.5(c) (1) (A) and.$34191.5(c) (1) (B)): Property records indicate that the Carousel Mall was acquired by the Agency in several separate transactions and carries a total Book Value of$18,935,874. The following table details the property records: APN Acquisition Book Value Original APNs as Historical BackgroundDateAcquiredbyAgency 68,824 0134-181-29 137,649 0134-191-28 0134-221- 45 13,356 0134-201-26 192,709 0134-211-39 141,779 0134-221-44 June 1973 4,817 0134-221-46 Part of an urban renewal 89,472 0134-231-30 project California R-79 68,824 0134-264-18 0134-231-31 199,591 0134-271-31 199,591 0134-281-21 206,474 0134-291-12 137,649 0134-301-28 December Donated by San Bernardino 0134-182-04 2014 318,144 Economic Development Corporation 0134-221-43 December 706,995 2006 0134-181-28 0134-211-34 0134-211-38 0134-231-27 0134-231-28 May 2011 16,450,000 0134-231-29 0134-291-11 0134-301-20 0134-301-22 The Carousel Mall was acquired by the Agency in order to meet the revitalization goals of the City and the Agency to alleviate the existence and spread of physical and economic blight. The estimated current value(the"ECV")of the Carousel Mall is approximately $10,650,000. 88 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 301 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City ofSan Bernardino Long-Range Property Management Plan September 1015 Amended December 2015 Site No. 20: Carousel Mall C. Site Information (HSC$34191.5(e) (1) (C)): The Carousel Mall consists of thirteen(13)parcels totaling approximately 40.08 acres. The main address of the Carousel Mall is 295 Carousel Mall. The following table describes the Carousel Mall's improvements: Carousel Mall Improi,entents APN Address Current(c)or Type of Structure Year Square Former Use /Im rovement Constructed FootajZe 0134-181-28 144 Carousel Mall Auto Repair(f) Masonry 1973 15.072 0134-182-04 333 N."H"Street Vacant 3-Story 0134-221-43 396 N."E"Street Office/Retail(f)Unreinforced 1941/1965 32,848 Masonry 0134-211-34 Retail c) 2-Story Concrete 36,243 0134-211-38 Retail c) 2-Story Concrete 146,784 0134-221-45 Parking Lot(c) Asphalt/Concrete Parkin Structure 14,347 0134-231-27 120-295 Carousel Retail(c) 2-Story Concrete 33, 190 0134-231-29 Mall Retail(c) 2-Story Concrete 1973 80,252 0134-231-31 Parking Lot(c) Asphalt/Concrete Parkin Structure 1,336,412 0134-291-11 Retail(c) 2-Story Concrete 168,716 0134-301-20 Retail(c) I Concrete 76,949 0134-301-22 Retail c) I 2-Story Concrete 36,972 0134-231-28 322-344 N."E" Retail(c)Metal Frame/Stucco 1971-1972 7,644Street The Carousel Mall zoned Commercial Regional-Downtown(CR-2)and Commercial General( CG- 1) in the City's General Plan. The purpose of the CR-2 zone is to permit a diversity of regional- serving uses in the Downtown area including local, county,and state governmental/administrative uses, professional offices, cultural/historical and entertainment uses, convention facilities, hotels/motels, financial establishments, restaurants, supporting retail and services, educational institutions,public open spaces,and residential and senior housing. The purpose of the CG-1 zone is to provide for the continued use,enhancement,and new development of retail,personal service, entertainment, office, and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. The Carousel Mall is located within the City's"E"Street Strategic Area. "E"Street is a significant north-south roadway located in the central portion of the City. "E" Street connects Downtown to Baseline, Highland, and to the 30 freeway on the northern end, and Hospitality Lane to the south. B"Street currently has the greatest number of transit trips in the Omnitrans system,which makes it an ideal candidate for development. 89 IV.Property to be Transferred for Future Development Site No.20—Carousel Mall 18.c Packet Pg. 302 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City ofSan Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall D. Estimated Current Value WSC$34191.5(c) (1) (D)): To determine the ECV for the Carousel Mall,in January 2015,the Agency conducted a comparable sales analysis through the National Data Collective.23 The comparable sales results were 28 years old and therefore determined by the Agency to be irrelevant in determining the ECV of the Mall Property and therefore the 2011 acquisition price of the main Carousel Mall structure($16,450,000) was used as the ECV. The ECV was then offset by two (2) significant cost issues: ( i) the cost to demolish the mall structure, while protecting the privately owned historic buildings in extreme close proximity to the mall structure; and (ii) the cost for additional environmental studies as recommended and studies that need to be conducted (i.e., lead-paint and asbestos survey and abatement, investigation of recognized environmental concerns), along with the potential cost for remediation. After accounting for the additional costs, the ECV was determined to be approximately$10,650,000, as depicted below: Comparable Sales Value: 16,450,000 Environmental Analysis/Remediation: ($1,000,000) Demolition Costs: 4,800,000) ECV: 10,650,000 Currently, the Carousel Mall, as a whole, has three owners: the Successor Agency (as owner and as successor in interest to the Agency,Monwar,Upham,and the Mall Developer),El Cortes Ingles de Spain(as successor in interest to Harris'), and Pine Mountain Development,LLC(as successor in interest to Penney's and Upham)(collectively to be known as the" Parties of Interest"). Factors that will affect the future development of the Carousel Mall are the restrictions and easements that run with the land as found in the 1970 recorded Restriction and Easement Agreement(the "1970-REA") between the Agency, the City of San Bernardino (the "City"), J.C. Penney Company ("Penny's"), Monwar Property Corporation("Monwar"),the Harris Company Harris'),John S.Griffith&Co.and Curci-Turner Co.(the"Mall Developer"or the"Developer"), Upham Development Company ("Upham"), and Connecticut General Mortgage and Realty Investments. All covenants, conditions, restrictions, rights, reservations, easements, liens and charges set forth in the 1970-REA inure to the benefit of the successors and assigns of the respective parties to the 1970-REA.24 The 1970-REA is for a term of 50 years (first termination date December 24, 2020), but for no longer than 99 years (December 24, 2069). At the termination of the 1970-REA, the Parties of Interest may elect to exercise its option to purchase portions of the Agency parking parcels. A breach of the 1970-REA by one of the Parties of Interest does not entitle that Party to cancel or rescind or otherwise terminate the 1970-REA.25 Local factors were not taken into consideration in determining the ECV of this site. Therefore,the actual value of the property may vary significantly from the ECV. The ECV is only a rough 23 www.ndcdata.com 24 1970 Restriction and Easement Agreement pg.71,as document recorded in the County of San Bernardino, Book 7580,Page 280 of Official Records 25 Ibid.,pg.69 90 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 303 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City ofSan Bernardino Long-Range Property Management Plan September 1015 Amended December 2015 Site No. 20: Carousel Mall estimate planning number and should not be relied upon as a basis for actual value. The real value of the property cannot be determined without an appraisal. E. Site Revenues(HSC$34191.5( c) (1) (E)): The Carousel Mall generates revenues from several leases/rental agreements as the following table indicates: Carousel Mali LeaselRental Revenuev A reement Type Agreement Annual Pa Tenant Expiration Monthly Revenue Lease Rental Date yment* Received Andreson Building(parking only) X June 2015 624 7,488 Alice's Antiques/Featherstone X 403 4,836 Back Street Beau X 309 3,708 Ba side Watch X 244 2,928 Carousel Coin&Jewelry Exchange X 921 11,051 City Styles X 500 5,998 Dale's Coin Chest X Aril 2015 875 10,494 Daniel's Jewelers/Sherwood M mt. X December 2016 4,466 53,592 Democratic Luncheon Club X 323 3,876 Express Cobbler X 140 1,680 Fortune School X July 2015 29,586 355,028 KCAA Radio X 1,143 13,718 Libreria del Pueblo X 920 11,040 Lisa's Threading X 455 5,460 Mega Beau Supply X 3,342 40,103 Minuteman Press X 855 10,260 Mr.You Chinese Restaurant X 1,823 21,876 Nail Fashions X 967 11,604 One Hour Photoland X 213 2,556 Perfume Mart X 102 1,224 Pro Jersey X 301 3,612 Rose Alterations X 514 6,168 Totals 49,025 $588,300"' Tenant rent payment fluctuates monthly Amount fluctuates according to monthly rent payments The revenues generated by the Carousel Mall are used for property maintenance. F. History of Environmental Contamination (HSC$34191.5(c) (1) (F)): In May 2010,Ninyo& Moore, Geotechnical and Environmental Sciences Consultants("Ninyo& Moore ) conducted and submitted a Phase I Environmental Assessment Carousel Mall ParkinQ Lot, 295 Carousel Mall, San Bernardino, California at the request of the Agency. Ninyo & Moore's conclusions and recommendations are as follows: This assessment has revealed the following RECs in connection with the site: 91 IV.Property to be Transferred for Future Development Site No.20—Carousel Mall 18.c Packet Pg. 304 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall The existing clarifier(not addressed by the remediation efforts)at the former J.C. Penney Service Center[ not owned by the Agency]. Fifteen areas with historic site uses of auto repair, gasoline service stations, drycleaners,metal plating, paint spraying,and degreasing. The former Montgomery Wards Service Center at 144 Central City Mall, due to reported impacts and to the lack of case closure from the Santa Ana RWQCB. The area of subsided, cracked pavement observed on the eastern side of the bottom level of the multi-level parking structure representing a potential UST and lack of records regarding this potential UST available for review. Based on the above-mentioned opinions and conclusions, Ninyo & Moore recommended the following additional environmental actions: The former clarifier for the J.C. Penney Service Center should be closed in accordance with all applicable local and state regulations [not owned by the Agency]. A subsurface evaluation should be conducted at the site to evaluate whether contaminants are present in the subsided, cracked pavement observed on the east side of the bottom level of the multi-level parking structure representing a potential UST. Due to the historical use of on-site former gasoline stations and dry-cleaning facilities, the recommended evaluation should include analysis for gasoline and hazardous waste (e.g., dry-cleaning solvents) constituents. A subsurface evaluation should be conducted at the site to evaluate whether contaminants are present in site soil and soil gas due to historic site uses such as auto repair, gasoline service stations, drycleaners, metal plating, paint spraying,and degreasing. The Supplemental Site Assessment and SVE Pilot Test Work Plan prepared by Gannett Fleming in 2010 for proposed work at Montgomery Wards Service Center at 144 Central City Mall should be conducted to complete delineation of impacts from prior site use as well as soil gas extraction in a pilot test to gather data necessary for the installation of a final remediation system." The Agency accepted Ninyo & Moore's recommendations and prior to the dissolution of redevelopment agencies in California,intended to initiate further environmental investigations. 92 IV..Properly to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 305 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall G. Potential for Transit Oriented Development(TOD) and theAdvancement ofPlanninr Obiectives of the SuccessorAQency(HSC S 34191.5(c) (1) (G)): There is potential for a Transit Oriented Development in conjunction with the Carousel Mall. The Carousel Mall is located approximately one block north of the San Bernardino Regional Transit Center ("SB Transit Center"), which provides multi-modal access to the Carousel Mall through both local and regional public transit systems, and provides direct transit access to and from three major universities in the region. The $128 million SB Transit Center is under construction with phase one opening in mid-2015 and phase two opening in mid-2016. The SB Transit Center brings the following multiple modes of public transit,with an estimated 8,000 people passing through the Transit Center daily: Metrolink Regional Passenger Rail System (opening mid-2016). The Southern California Regional Passenger Rail system(Metrolink)is being extended into downtown San Bernardino, where three new rail platforms at the SB Transit Center will be the point origination and termination for 50 passenger trains each day with service to and from downtown San Bernardino to downtown Los Angeles(avg.20,000 weekly riders)and to Orange County(avg. 7,500 weekly riders). Metrolink is the regional passenger rail system serving the 18 million residents in the five-county Southern California region. The Project Site is one of the only large,available properties adjacent to a main terminal station on the Metrolink system. sbX High-Speed Bus Rapid Transit(BRT) System (opened April 2014). The sbX Bus Rapid Transit (BRT) system commenced service in April 2014, the first high-speed BRT system outside of Los Angeles in Southern California. This transit system directly connects the Project Site along a sixteen-mile corridor with California State University, San Bernardino (17,000 students & faculty) at the north end and Lorna Linda University & Medical Center (8,000 students& faculty)at the south end. There is a sbX BRT center-lane station at the mid-point on the eastern boundary of the Project Site. Local Light Rail Transit System (opening 2018). A 9-mile light rail system connecting downtown San Bernardino to downtown Redlands and the University of Redlands (4,000+ students & faculty) is currently under design and engineering. This transit system is programmed to commence service in 2018. The light rail system is proposed to have six stations with origination and termination at the SB Transit Center. Local and Regional Bus Service(opening mid-2015). The SB Transit Center also contains 22 bus bays that bring together local and regional bus service from throughout San Bernardino and Riverside Counties, serving over two million residents throughout Inland Southern California. The Downtown area plays a pivotal role in the City. It is the symbolic center as well as the social and economic heart of San Bernardino. Within its boundaries are the City Hall, City Police Headquarters, County Administrative Center, Law Library and Court House, Carousel Mall, Federal building,State offices,California Theatre of the Performing Arts,Caltrans,Seccombe Lake Recreation Area, Pioneer Memorial Cemetery, Sturges Auditorium, Radisson Hotel, and Meadowbrook Park. There is an opportunity to capitalize and improve upon this role. According 93 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 306 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall to the Existing Economic Conditions and Trends Study prepared for the General Plan Update,"the large cluster of existing multi-government offices in the City, particularly in the downtown area, provide a sustained demand for business, retail, and professional services in the City." The study also indicates that some of the office demand in San Bernardino is likely to be met by infill development in the Downtown area (approximately 170,000 square feet annually over the next five years)and with the City's long-term Downtown Revitalization strategy and possible expansion of the government center. The increased employment in the Downtown area will then provide additional support for retail and pedestrian oriented retail development. Opportunities for downtown revitalization in the downtown area are new mixed-use residential and office development projects,which will help support the addition of new retail space.26 The transfer of the Carousel Mall for future development to the City of San Bernardino advances the planning objectives of the Successor Agency and the City in accordance with the City's General Plan, 2009-Downtown Core Vision & Action Plan, and the Agency's Five-Year Implementation Plan 2009/2010 through 2013/2014 in order to: 1. Investigate possible new uses at Carousel Mall as identified in the Downtown Core Vision/Action Plan, including urban retail uses to complement existing retail; 2. Promote revitalization of the Carousel Mall through a mixture of land uses, such as additional office and mixed-use space; 3. Focus on creating distinct, discernible "places"of varied sizes, functions, and complexity to achieve greater private sector profit,public benefit, and sustainability; 4. Provide opportunities for private investment in the City by combining entertainment with retail to compliment the future development of the Carousel Mall; 5. Encourage pedestrian friendly uses/developments; 6. Encourage an appropriate mix of revenue-generating land uses to maintain a competitive edge and a strong sales tax base; 7. Maximize opportunities that generate taxable sales in targeted growth areas; 8. Work with Omnitrans to explore initiatives that promote development near transit stops in order to encourage transit ridership, reduce vehicular trips, improve air quality, and improve traffic congestion; 9. Recycle and/or develop underutilized parcels to eliminate blight and accommodate higher and better economic uses while enhancing the City's financial resources. 26 City of San Bernardino General Plan.November t,2005,page 2-66 94 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 307 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall H. History of Previous Development Proposals and Activity(HSC S 34191.5(c) (1) (H)): On November 20,2014,the City issued a Solicitation of Interest(the"SOI")for the Carousel Mall identified as a 43-acre Transit-Adjacent Site in the Downtown Core. Responses to the SOI have been received by the City and are currently under review. The response selected by the City will help determine the future development direction of the Carousel Mall. APN 0134-182-04 This parcel is located at 333 N."H"Street,and is currently a vacant lot. The site formerly contained a gym and health club. That building was demolished in 2010 by the City Code Enforcement. Located south of 4`h Street at the intersection of"H" Street and"G" Street,just east of I-215, it is strategically located at the west end of the Carousel Mall. The property is also located within the Downtown Core Vision Plan and the plan for the redevelopment of the Carousel Mall. There have been no other development activities or proposals. APN 0134-221-43 This parcel is located at 396 N. "E" Street, and is currently vacant. The building on site is known as the Woolworth Building and was one of America's original "five and dime" stores. The Woolworth Building was constructed in 1936, and with the opening of the Carousel Mall in 1972, a second Woolworth's store was opened within the Mall. In 1976,the Woolworth Building closed. Since then the building has been occupied by other businesses including San Bernardino County Child Protective Services. The Building is currently used as storage for the Successor Agency. The property is situated at the northeast corner of N. `B" Street and 4th Street, which makes it the northeasterly corner of the Carousel Mall. The Building is also located within the Downtown Core Vision Plan and the plan for the redevelopment of the Carousel Mall. There have been no other development activities or proposals. There have been no other development activities or proposals. L Disposition of Property: The City's policies and procedures for property disposition, located in Exhibit"A"Section lI,will guide the disposition of the Property. The ECV of the Carousel Mall is approximately $10,650,000. The following process was used in determining the ECV of the Carousel Mall: Date of estimated current value—January 2015 Value Basis— The ECV was determined by a comparable sales analysis using the National Data Collective subscription service. The ECV is approximately$10,650,000. Local factors that may affect land value were not taken into consideration. Therefore,the actual value of the property may vary greatly from the ECV. The ECV is only a planning number and should not be relied upon as a basis for actual value. 95 IV.Property to be Transferredfor Future Development Site No.20—Carousel Mall 18.c Packet Pg. 308 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Successor Agency to the Redevelopment Agency of the City of San Bernardino Long-Range Property Management Plan September 2015 Amended December 2015 Site No. 20: Carousel Mall J. Implementation ofthe Long-Range Property Manazement Plan: The Carousel Mall will be transferred to the City of San Bernardino for future development subsequent to securing an HSC § 34180 (f) (1) compensation agreement ( the "Compensation Agreement")with the affected taxing entities,or as may otherwise may be provided by the HSC. 96 IV.Property to be Transferred for Future Development Site No.20— Carousel Mall 18.c Packet Pg. 309 Attachment: A (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Vairveiw Ford Sales, Inc. 292 N. G Street Sint Blelnarrlino, Cal fornta 92410 9019-386-0253 1.7 January 2017 Mr. Mark Scott City Manager CIty Hall City of Sah.13eritardino . 300 North" D"Street,6"'floor San Bernardino,California 92418 Re; Offer to purchase 333 N,"H"Street{APN p134-.1.$Z-04) Deur.Mr,Scott: fills b n fallow-up to our Jan.uary 10, 2017.mccting with.Ms, Andrea Miller, Assistant City Manager, and others during which we expressed our Interest in a. qt iring the Approximately20,038 square foot vacant property located at 333 N. `'ll" Street (APN :0134-182-04) (the Property"). The Property i.s.currently otiv»ed by the City of San Bernardino has been designated for future development within the Approved Long-Range Property Management Elan (the 44L1WW'), which was prepared by the Successor Agency to the Redevelopment Agency of theCityofSanBernardino (the "Successor Agency"). The Property is further described within tineLRPMPasaportionofSiteNo. 20, Carousel.Mall Property"(see pages 87-9G). We understand that the Property will not be considered a part.oftie future redevelopment of the Carousel.Mall slte and instead is available for purchase and sale. In our.discussions with your staff and consult.ants, we conf tined our interest In acquiring the Property for parking purposes. It was confirnied that .our firm may be able to ptirohase the Property subject to the following conditions; 1,rile.Property may.only W. sold in Its "as-is" condition. Recent sales of vacant land a the iltllediate, area range,from $3,28 to $5.47 per square.foot — please see Exhibit A.attached. Based n.these comomble sales, we believe the current value of the property is$4,Ot? per square foot, or a total of$80,152.00.. We propose to"uire the Property for that amou* We also understand that :the City .intends to .obtain, al its cost, a stand alone "Broker's opinion of:valW, from a third-party broker to satisfy itself with respect to our fair market offer to purchase the Property And to conform with documentation requirements of State haw. 2.. The Property is to be sold and acquired in an"as-is" condition. 3. 1he.parchase price will.be,paid with cash and there will not be. ny financing, entitlement or14 other contingencies,except as noted in this letter, 18.d Packet Pg. 310 Attachment: B (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Page 2 4. The sale will only be contingent upon the approval of the Mayor and Common Council, the Successor. Agency's Oversight Board and the California Department of Finance(the"DOF").1 . Based on this, we understand that It may lake GO to 90 days to process a purchase and sale agreement, S. The City will not pay any broker commissions; however, our firm may pay its own broker and/or consultants in or outside of escrow. 6. The Parties will cooperate in the selection of a title company and escrow holder. 7. The City will pay prior to or at closing the currently outstanding real property taxes applicable to the Property. 8. The City will pay for a CLTA title policy. If our f rrncduires an AL''A policy, we will pay for thed.ifference in cost. 9. The Parties will share all normal escrow costs. 10,The purchase and sale of the Property will be confirmed within a Purchase and Sale A. reeneit that will be prepared by the City. We understand that the above summarizes the property purchase and sale arrangement and that a purchase and sale agreement will more fully coy firm the arrangement between the Parties, We will. diligently cooperate with the City and its representatives in the preparation and finaliIzation of the.purchase and sale agreement. In addition, we will appreciate receiving a confirmation frotn the City that it will be Able to.proceed with the.purchasc and sale of the Property by January17, 2017. We wish to thank you, your staff and consultants for their time and consideration in this matter, We look forward to receiving your response. If you have any duestions,please contact meat(409)386-0253, Sincerely, of Nick De Pasquale President Enclosure(as referenced above) cc: (List as heeded) 18.d Packet Pg. 311 Attachment: B (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 285 Wczl. Q)Iall o kenue Pinito, CA 92376 Oflice: (90 9) 875-7210 tiU: (90 9) 879-7876 GOND IV DFA12D I I ; me 1 February 2017 Mr.Steven H.Dukett Managing Principal Urban Futures, Inc. 17821 Past 17t"Street,Suite 2.45 Tustin,CA 92708-2124 I Re. 333 N.H Street San Bernardino,CA Deai•Mr. Dukett, 1 have attached comparable sales for the property at 333 N,H Street,San Bernardino, The subject site is oddly shaped and is significantly larger than the comparable sites, Since larger parcels in particular and sometimes_oddly shaped parcels tend to.produce lower per square foot values than smaller conventionally shaped parcels,It makes sense to discount the mid-point value based on those factors. lq ti I s case,the offering price is about 9%less than the mid-point price. As you can tell from the attached comparable schedule,the value mange is between 128 and$5,47 per square foot. With the above adjustment it puts the value In the 4.00 Per square fop range. Please let me know if you need any additional information. Sin rely eard President DRB#00755329 Enclosure 18.d Packet Pg. 312 Attachment: B (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) ate.' o o 0 0 o a a X O a CL u can v"i N y da 00 m N 000wNma o 00 cy) vi m vi cc 11! CL o a o o Lr) D_ lD lD lD AD rl d c Q 0 4 Q N ++ S7 1A t 0 c p C N C w C C N C N to . O d a O y m .tb N NN) V 1 M .o p t~0 m W ti t-1 w r-1 2 ri o to tzo z Z° , ao z c0 i 18.d Packet Pg. 313 Attachment: B (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 1 EXHIBIT "C" 2 3 Broker's Opinion of Value Prepared by 4 Lee & Associates Commercial Real Estate Services 5 See Attachment) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 18.e Packet Pg. 314 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) This page left blank intentionally Lee & Associates - Otter BROKER OPINION OF VALUE ulli M Prepared By: Brian Pharris Associate 909.373.2927 BPharrls@lee-assoc.com BRE # 01329363 LEE AssoclATE!, C`Jv"MERCIAL REAL 18.e Packet Pg. 315 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) REVIEW OF PROPERTY AERIAL AREA MAP PROPERTY PROFILE TAX MAP SUhIMARY EXECUTIVE SUMMARY COMP SUMMARY 333 N. H STREET SAN BERNARDINO, CA 92410 o 18.e Packet Pg. 316 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) F y yri In U* k p rK% 0 V E K=I YREVIEW 4F F 18.e Packet Pg. 317 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 3 W y L,-e Associcles - Ontario I-CZATION AERIAL r 7" mp 333 N H STREET SAN r L i a s f A 92410 18.e Packet Pg. 318 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Lee & Associates - Ontario LOCATION M N 333 N. H STREET SAN BERNARDIO, (A 92410 E Q v A 18.e Packet Pg. 319 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Lee & Associates - Ontario PROPERTY DETAILS Owner information: Clnner Rattle:CITY OF SAN BERNARDINO C'!rels. 300 N D ST 9 6TH.SAN BERNARDINO.CA..92418-0002. r,t ri ,_w oe GOVERNMENT Pnone Number Location Information. Lega,Cie$, t t on PARCEL MAP 688 PARCEL 36 BOOK 23 PACE d7 SAN t t' BERNARDINO RP S uo,:a 06071 L.S."r 005701 2 F3 :0134.182-04 41e nati,.e ,FN,, 0134-182.04- M a v P.ef, G1.606 rt 0000 Last Market Sale Information: sale Date: 6,30,,12011 Fade Fr ce Mtg Amotir;t S aie Doc No 2611-0267988 price per S:Ft: r ttg Int Tyne. Tr nsfet Doc No 2016-0331255 PritePerAcre; 211dMIgAt'rtount g 1,44 Doc No 2°'Mfg I^t T pe. ale Ty pee Deeo Type GRANT DEED-DEED OF TRUST TTe Compa^ : FIRST AMERICAN TITLE COMPANY Leader 3 e1!er N3nne CHURCH OF THE UNDERSTANDING HEART, Property Characteristics: llt$ding Area ta onn-'S.. Co structlatt. L="=no Arch, Ee o"'!ns Pea Type. Cara;e Area Bans, 0 AdrCond: Baser3 . t4"ia Rrepla4e Rorot7ype ParMn Type: No of Stories; Roof Material: Yr I3uEI*f!e-ft ow d Q,€3I=t; t= Pool Code, Tax and Value Information; Assessed`value; Assessed Year: 2015 Est Maasl 'a 1i Lax;ci`,a,ue: Propert;Tai: ssessorApricl al: Improvement%ailje;Impt-overne t%, TaxExemtltlrrn: Site Information Assessor Acres 0.46 Zoning: Lard Use code: 420 AS essor Lot S jFt 20.038 No 011 Builain s: Land Use Cues- COMMERCIAL LOT ReVCOt'ntt Units. County Use Code; 0000 C3.Cula ;res 1!.6221 Serser1ype: Cakcuiated Lot SgFt: 27,099 Water Type: STREET SAN BERNARDINO, I92410 18.e Packet Pg. 320 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) RN TAXMAPSLee & Asso lal Wwo I / Ptn. Parcel Map No. 688, P.M. 25/47-58 city of Son DornardintOW - Tax irate Area 7439 Par. SS i 4 I L Y• 1 Pin, Par, 4 i r. ...w Par. $ Pin.Pat.3 r 1 y., It .._.... it Assessor's Map Bank 4134 Pogo 18 San Earnordino County STREET l 1 A O 92410 18.e Packet Pg. 321 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) SUMMANI 18.e Packet Pg. 322 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Lee • Associates - Ontario BROKER'S OPINION OF VALUE Lisa Connor 201 N E St, Suite 301 San Bernardino, CA 92401 RE: Opinion of Value - 333 North H Street, San Bernardino, CA Lisa, As per your request, please find the enclosed report that reflects our opinion of value for 333 North H Street, San Bernardino. We have used the market approach and recent sale comparisons to determine the market value. The subject propert res 038 SF} of vacant land zoned commercial. We believe in the current market sed on comparable sales the value of the property i $3.90 PSF or $78,148. Please contact m venience with any questions. Sincerely, Brian Pharris Paul R. Earnhart BRE# 01329363 BRE # 00822072 18.e Packet Pg. 323 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) s.w. Associates - Ontario P MARYSUM BROKER'S OPINION OF VALUE Property Identification Report Prepared By: Report Prepared For: 333 N. H Street Brian Pharris Steven Dukett San Bernardino, CA Lee&Associates- Urban Futures, Inc. 92410 APN 0134-182-04 Property Type Commercial Land Current Use Vacant Number of Bldg(s) Bldg SF Stories Bldg Condition Lot SF 20,038 SF l.46 Acres Lot Dimension Lot Condition Parking Year Built(Age) Construction Zoning Corner FAR Characteristic Comparable#1 Comparable#2 Comparable#3;Comparable#4 Comparable#5 Address F Street 1057 W. 5th St 646 N. E Street 482 W Baseline St 368 S. Mountain Ave San Bernardino, CA San Bernardino, CA San Bernardino, CA San Bernardino, CA San Bernardino, CA 0136-181-01 0138-201-29 0134-023-50 0145-242-04 0136-202-41 Sold Date 08/30/2016 09/28/2016 04/12/2016 01107/2016 09/2212015 Sold Price 20,000.00 50,000.00 120,000.00 30,000.00 45,000.00 Bldg SF Bldg Price l SF 20,038 30,928 7,000 10,019 Lot SF 6,098 3.28 5.47 3.88 4.29 4.49 Lot Price/SF 0.88 0.46 0.49 1.19 1.04 Lot Acres Year Built (Age) Current Use Distance Comparability Sale Type Interest Appraised Fee Simple Date of Report 2/212017 Asking Price Sales Range (High) $4,051SF Sales Range(Low) $3.80 Bldg Price/SF Bldg Price/SF Bldg Price/SF Lot Price I SF Lot Price/SF $81,154.00 Lot Price/SF 76,145,00 T he information contained herein has been obtained from sources ve have deemed reliable.While vm-do not doubt the its accuracy,we make no guarantees about its content, 18.e Packet Pg. 324 Attachment: C (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER: City of San Bernardino BUYER: Fairview Ford Sales, Inc., a California corporation DATED: March 6, 2017 (333 N. H Street; APN 0134-182-04) 18.f Packet Pg. 325 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) BASIC TERMS Buyer: Fairview Ford Sales, Inc., a California corporation Buyer’s Address: Fairview Ford Sales, Inc., a California corporation Attention: Nick De Pasquale 292 N. G Street San Bernardino, CA 92410 Email address: Tel. (909) 386-0253 Fax: (909) 884-3775 Closing Contingency Date: July 8, 2017 Closing Date (or Closing) Estimated to occur by July 18, 2017, but not later than the Outside Date Deed: A grant deed in the form of Exhibit B hereto Effective Date: March 6, 2017 Escrow Holder: First American Title Insurance Company 1855 West Redlands Blvd., Suite 100 Redlands, CA 92373 Tel: (909) 380-8776 Fax: (866) 232-4615 Attention: Cheryl Zanini, Escrow Branch Manager/Escrow Officer (direct: (909) 380-8776; email: czanini@firstam.com (or another escrow holder mutually acceptable to Buyer and Seller) Independent Consideration Amount: Two Hundred Dollars ($200.00) Outside Date: August 8, 2017; provided that such date may be extended by mutual writing agreement by Seller and Buyer Purchase Price: Eighty Thousand One Hundred Fifty-Two Dollars ($80,152.00). Real Property: That property described in Exhibit A hereto; the subject property is sometimes referred to as APN 0134-182-04 Seller (or City): The City of San Bernardino, a municipal corporation and charter city duly organized and existing under the laws of the State of California 18.f Packet Pg. 326 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 2 Seller’s Address: 300 N. “D” Street San Bernardino, California 92418-0001 Attention: Mark Scott, City Manager Tel. (909) 384-5122 Fax: (909) 384-5138 Email: Scott_Ma@sbcity.org Soil and Title Contingency Date: July 7, 2017 Title Company: First American Title Insurance Company 1855 West Redlands Blvd., Suite 100 Redlands, CA 92373 Tel: (909) 380-8726 Attention: Tammy Kerr, Senior California Title Officer (direct: (909) 380-8726; email: tkerr@firstam.com) (or another title insurer mutually acceptable to Buyer and Seller) 18.f Packet Pg. 327 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of March 6, 2017 (the “Effective Date”) by and between Seller and Buyer. RECITALS A. Seller is the fee owner of record as to the Real Property. The Real Property is unimproved. B. Buyer currently owns the land and building located at 292 N. G Street, which is near the situs of the Real Property. Buyer desires to acquire the Real Property for use of its existing business at 292 N. G Street and related activities. C. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. E. In addition to the Purchase Price, a material consideration to Seller in agreeing to sell the Real Property to Buyer pursuant to this Agreement and but for which Seller would not have agreed to enter into this Agreement or sell the Real Property to Buyer, Buyer has: (i) Agreed to pay to Seller the Independent Consideration Amount; and (ii) Agreed to the provisions set forth in Sections 13 and 14 hereof. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following the fee interest in the Real Property to be conveyed by a grant deed in the form of the Deed 1. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents and validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned. 2. Escrow and Independent Consideration. (a) Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives 18.f Packet Pg. 328 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 4 a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. This Agreement will constitute escrow instructions to the Escrow Holder. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer. (b) Independent Consideration. Within two (2) days after the Effective Date, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as non- refundable independent consideration. The Independent Consideration Amount has been bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement and Seller holding the Real Property off the market for a period commencing as of the Effective Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein, including any and all rights granted to Buyer to terminate this Agreement under the circumstances provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the Independent Consideration Amount shall be non-refundable in all events, except for (i) Seller’s default hereunder, (ii) the failure of the Oversight Board to approve the sale of the Real Property to the extent required under this Agreement, and (iii) actions by the California Department of Finance (“DOF”) which prevent the disposition of the Real Property to Buyer as provided under this Agreement. If the Closing occurs, a credit shall be applied to the Purchase Price based upon payment of the Independent Consideration Amount. (c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering written notice to the other at any time after the outside Closing Date (i.e. the Outside Date); provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. 3. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property Documents”): (a) Such reasonable proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction consistent with the terms of this Agreement, including without limitation approval of the Oversight Board of the sale of the Real Property by Seller to Buyer. 18.f Packet Pg. 329 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 5 (b) To the extent in the possession of Seller or persons under Seller’s control, any environmental impact reports, “Phase I” or “Phase II” reports, or environmental site assessments concerning Hazardous Materials (as defined below) on the Real Property, complaints or notices of the presence of Hazardous Materials on the Real Property, geological surveys, soil tests, engineering reports, inspection results, complaints, or notices received regarding the safety of the Real Property. (c) To the extent in the possession of Seller, all materials related to pending or threatened litigation involving the Real Property, including correspondence, complaints, court orders, settlements, and judgments to the extent such matters are within the actual knowledge of the City Manager, no investigation with respect thereto having been undertaken. (d) All contract, agreement or instrument to which Seller is a party pertaining to the Real Property. In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) within twenty (20) calendar days after the Opening of Escrow, but in no event later than the thirtieth (30th) day after the Effective Date. 4. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to make such evaluations, inspections, tests or investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluations, inspections, tests or investigations, Buyer determines that it, in its sole discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Soil and Title Contingency Date. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluations, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Seller shall be provided a copy of all reports and test results provided by Buyer’s environmental consultant promptly after receipt by the Buyer of any such reports and test results without any representation or warranty as to their accuracy or completeness; provided however, Buyer will not be required to deliver any such reports or test results if the written contrac t which Buyer entered into with the environmental consultant who prepared such report or test results specifically forbids the dissemination of the report or test results to others. Buyer shall bear all costs, if any, associated with restoring the Real Property to substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by Buyer during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or 18.f Packet Pg. 330 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 6 mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by Buyer, Buyer’s agents, contractors or subcontractors and the contractors and subcontractors of such agents, but in no event shall the indemnity of this Section include the discovery of pre-existing conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this Section 5(a) shall survive any termination of this Agreement or the Close of Escrow. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq. (b) No Warranties as To the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. In addition, Seller makes no representations, warranties or assurances concerning the Real Property, its suitability for any particular use or with regard to the approval process for entitlements as to the Real Property. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall comply with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property (“Governmental Requirements”) with respect to Hazardous Materials. 5. Buyer’s Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer’s obligation to consummate the purchase of the Real Property under this Agreement are subject to the timely satisfaction or 18.f Packet Pg. 331 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 7 written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only. (i) Title Review. Within twenty (20) calendar days after the Opening of Escrow, but in no event later than the thirtieth (30 th) day after the Effective Date, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Seller in accordance with Section 10(a)) of the Title Company’s premium, have agreed to issue to Buyer, a standard ALTA owner’s policy of title insurance insuring only as to matters of record title (“Standard Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a standard ALTA policy (such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. In the event Buyer enters into a loan agreement to generate moneys to purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to Buyer obtaining such loaned moneys. The sale shall be all cash to Seller. (iii) Inspections and Studies. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. For the avoidance of doubt, if Buyer fails to give such written notice on or 18.f Packet Pg. 332 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 8 before the Soil and Title Contingency Date, Buyer will be deemed to have elected to terminate this Agreement. (iv) Natural Hazard Report. Within twenty (20) calendar days after the Opening of Escrow, but in no event later than the thirtieth (30th) day after the Effective Date, Seller shall cause the Escrow Holder to provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described at Section 8(a)(iii) of this Agreement; provided that Buyer shall bear the cost to prepare such Natural Hazard Report. (v) Property and Formation Documents. On or before the Soil and Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, the terms, conditions and status of all of the Property Documents. (vi) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below. (vii) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be true and correct as of the date made and materially true and correct as of the Closing. (viii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (ix) Oversight Board and DOF Approval. Approval of this Agreement by the Oversight Board and DOF, or a determination by each that their approval is not required. (x) Consents. All necessary agreements and consents of all parties to consummate the transaction contemplated by this Agreement will have been obtained and furnished by Seller to Buyer. (xi) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (b) Termination Right. Each of paragraphs (b) (i) and (ii) below shall operate independently and each shall entitle the respective party to terminate this Agreement, as follows: (i) If the Independent Consideration Amount is not paid by Buyer to Seller by the time set forth therefor in Section 3(b) of this Agreement, then Seller may terminate this Agreement by giving notice thereof to Buyer. (ii) If any of Buyer’s Contingencies not be met by the Closing Contingency Date, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has neither terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding 18.f Packet Pg. 333 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 9 the scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xiii) inclusive, prior to the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been satisfied. If this Agreement is terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). For the avoidance of doubt, if Buyer fails to give such notice within such three (3) business day period, Buyer will be deemed to have elected to terminate this Agreement. 6. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which are for Seller’s benefit only: (a) Completion of Title Review. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of title and that the condition of title satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the condition of the Real Property. (c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has approved a pro forma title policy. 18.f Packet Pg. 334 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 10 (d) Liens. Seller shall have obtained the consent of any lien holder to the release of such liens prior to or concurrent with Closing. (e) Oversight Board and DOF Approval. Approval of this Agreement by the Oversight Board and DOF, or a determination by each that their approval is not required. (f) Delivery of Documents. Buyer’s delivery of all documents described in Section 9(a), below. Should any of Seller’s Contingencies not be met by the respective times set forth for the satisfaction for such contingency, Seller may, by written notice to Buyer, terminate this Agreement; such termination rights shall be in addition to those termination rights of Seller as set forth in Section 6(b)(i). If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer. 7. Seller’s Deliveries to Escrow Holder. (a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”): (i) Deed. The Deed. (ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (the “California Exemption Certificate”). (iii) Hazard Disclosure Report. Consistent with the terms of this Agreement, Seller shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard Report”) before the Closing. (iv) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy. (v) Authority. Such evidence of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction. (vi) Final Escrow Instructions. Seller’s final written escrow instructions to close escrow in accordance with the terms of this Agreement. (vii) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company which are consistent with the terms of this Agreement. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5) 18.f Packet Pg. 335 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 11 business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 8. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”): (a) Purchase Price. The Purchase Price, less amounts which Seller confirms in writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount, together with additional funds as are necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 593 to Title Company at or immediately after Closing. (b) Change of Ownership Report. One (1) original Preliminary Change of Ownership Report. (c) Final Escrow Instructions. Buyer’s final written escrow instructions to close escrow in accordance with the terms of this Agreement. (d) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys due and payable to any broker retained by Buyer in connection with the sale of the Real Property by Seller to Buyer. (f) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 9. Costs and Expenses. (a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv) documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) one half of the escrow 18.f Packet Pg. 336 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 12 charges; and (vii) costs, if any, allocable to Seller under this Agreement and costs for such services as Seller may additionally request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) Buyer’s share of prorations, (ii) the premium for title insurance other than or in excess of a Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iii) one half of escrow charges; (iv) recording and other costs of closing; (v) costs, if any, for such services as Buyer may additionally request that Escrow perform on its behalf; and (vi) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). (c) Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Buyer represents to Seller that Buyer and not Seller shall be solely responsible for payment in connection with the services of any consultants, finders or real estate brokers engaged by Buyer in connection with the purchase of the Real Property from the Seller. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer. 10. Prorations; Withholding. (a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the 18.f Packet Pg. 337 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 13 Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. 11. Closing Procedure. When the Title Company is unconditionally prepared (subject to payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow in the manner and order provided below. (a) Recording. Escrow Holder shall cause the Deed and the Memorandum to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (including any liens as to which such liens and the amount to satisfy such liens shall have been confirmed in writing by Seller to Escrow Holder) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). Seller authorizes Escrow Holder to request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the commission for Buyer’s real estate broker, if any (unless Buyer’s real estate broker shall deliver a written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Real Estate Broker outside escrow and that payment of such remuneration is a matter with respect to which Escrow Holder and Seller need not be concerned). (c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of San Bernardino, and a copy of each other document (or copies thereof) deposited into Escrow by Buyer pursuant hereto. (d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of San Bernardino, the Natural Hazard Report, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. (f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party. (g) Informational Reports. Escrow Holder shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. 18.f Packet Pg. 338 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 14 (h) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. 12. Representations and Warranties. (a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing: (i) Seller has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated subject to the written approval of this Agreement by the Oversight Board and DOF, or a determination by each that their approval is not required. (ii) Subject to the approval of this Agreement by the Oversight Board and DOF, or a determination by each their approval is not required, all requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) Subject to the approval of the Oversight Board (to the extent applicable) and, as may be applicable, DOF, the individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best knowledge of the City Manager, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property. 18.f Packet Pg. 339 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 15 (viii) To the best knowledge of the City Manager, Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. (ix) To the best knowledge of the City Manager, there are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) To the best knowledge of the City Manager, there are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing. To the best knowledge of the City Manager, there are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing: (i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. 18.f Packet Pg. 340 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 16 (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound. (d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. 13. Fair Value Price. The $80,152 Purchase Price is believed by the parties to this Agreement to represent the fair value of the Real Property. This Agreement does not require that Buyer undertake any improvements to the Real Property. At such time, if any, as Buyer makes improvements to the Real Property, the costs for planning, designing, and constructing such improvements shall be borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such improvements in co standard, and wage rate requirements to the extent such labor and wage requirements are applicable. Buyer, including but not limited to its contractors and subcontractors, shall be responsible to comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations, regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to the Real Property, but only if and to the extent such sections are applicable to the development of the Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the Real Property, the parties believe that the payment of prevailing wages will not be required. In any event, Buyer shall be solely responsible for determining and effectuating compliance with the Prevailing Wage Laws, neither the Seller nor the City makes any final representation as to the applicability or non-applicability of the Prevailing Wage Laws to improvements to the Real 18.f Packet Pg. 341 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 17 Property, or any part thereof. Buyer hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold each of the Seller and the City, and their respective officers, employees, agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon Buyer’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to the Real Property. This Section 13 shall survive Closing. 14. General Provisions. (a) Indemnification. In addition to the Purchase Price, a material consideration to Seller in agreeing to sell the Real Property to Buyer pursuant to this Agreement and but for which Seller would not have agreed to enter into this Agreement or sell the Real Property to Buyer. (b) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (c) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (d) Brokers. Seller assumes sole responsibility for any consultants or brokers (“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer shall have no responsibility in connection with such matters). Seller represents to Buyer that Seller has engaged no consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection with this Agreement. Seller agrees to and does hereby indemnify and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Seller in connection with this Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it may have retained in connection with the purchase of the Real Property (and Seller shall have no responsibility in connection with such matters). Buyer represents that other than Gerald W. Beard Realty, Inc. (“Buyer’s Representative”), which Buyer has engaged in connection with the identification and acquisition of the Real Property, Buyer has engaged no consultants, finders or real estate brokers in connection with the sale of the Real Property to the Buyer, and, excepting for Buyer’s agreement to compensate Buyer’s Representative (which shall be the sole responsibility of Buyer, without participation by Seller) there are no brokerage commission, finder’s fee or other compensation of any kind is due or owing to any person or entity in connection 18.f Packet Pg. 342 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 18 with this Agreement other than Buyer’s costs with respect to Buyer’s real estate broker, if any. Buyer agrees to and does hereby indemnify and hold the Seller free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the Buyer in connection with this Agreement. Buyer shall arrange with Buyer’s Representative for such payments as have been agreed between Buyer and Buyer’s Representative to be payable to Buyer’s Representative; Seller shall have no responsibilities with respect thereto. Buyer shall either arrange with the Escrow Holder for Escrow Holder to disburse moneys deposited by Buyer with Escrow Holder to Buyer’s Representative based upon an agreement between Buyer and Buyer’s Representative, or Buyer shall pay Buyer’s Representative outside of escrow (in which event Buyer shall so inform Seller and Escrow Holder). (e) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (f) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (g) Remedies. Without limitation as to the availability of other remedies, this Agreement may be enforced by an action for specific enforcement. (h) Time. Time is of the essence of every provision herein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (i) Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A signature by facsimile or as an attachment to 18.f Packet Pg. 343 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 19 electronic mail in “Portable Document Format” (PDF), or “Tagged Image File Format” (TIFF) shall be deemed an original signature. (j) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (k) Obligations to Third Parties. City shall be deemed to be a third party beneficiary of this Agreement. Excepting only for the City, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (l) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (m) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (n) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California. (o) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (p) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in thi s Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (q) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (r) Assignment. Neither party may assign its rights under this Agreement without the prior consent of the other party. 18.f Packet Pg. 344 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. “SELLER” THE CITY OF SAN BERNARDINO, a municipal corporation and charter city duly organized and existing under the laws of the State of California By: Name:__________ Its: ________________ “BUYER” FAIRVIEW FORD SALES, INC., a California corporation By: Name: Nick De Pasquale Its: President 18.f Packet Pg. 345 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) Acceptance by Escrow Holder: First American Title Company hereby acknowledges that it has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and between the City of San Bernardino, a municipal corporation and charter city duly organized and existing under the laws of the State of California, and Fairview Ford Sales, Inc., a California corporation (“Buyer”) and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: _____________, 201_ FIRST AMERICAN TITLE COMPANY By: Name: Its: 18.f Packet Pg. 346 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) A-1 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Bernardino, described as follows: [to come]. APN: 0134-182-04 18.f Packet Pg. 347 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) This page left blank intentionally B-2 EXHIBIT B DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Fairview Ford Sales, Inc., a California corporation 292 N. G Street San Bernardino, CA 92410 Attn: Nick De Pasquale APN: 0134-182-04 [Space above for recorder.] DOCUMENTARY TRANSFER TAX $____________________ ______ computed on the consideration or value of property conveyed; OR ______ computed on the consideration or value less liens or encumbrances remaining at time of sale. ___________________________________________ Signature of Declarant or Agent determining tax - Firm Name GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of San Bernardino, a municipal corporation and charter city duly organized and existing under the laws of the State of California (“Grantor”), hereby grants to Fairview Ford Sales, Inc., a California corporation (“Grantee”), that certain real property located in the County of San Bernardino, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easements, restrictions and covenants of record. 18.f Packet Pg. 348 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) B-3 IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 201__. THE CITY OF SAN BERNARDINO By: Name: _________________ Its: __________________ 18.f Packet Pg. 349 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) ATTACHMENT NO. 1 TO GRANT DEED TO EXHIBIT B ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Bernardino, described as follows: [to come]. APN: 0134-182-04 18.f Packet Pg. 350 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________, before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ___________________________________________________________ Title(s) ___________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other: _____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Number Of Pages ___________________________________________________________ Date Of Documents ___________________________________________________________ Signer(s) Other Than Named Above 18.f Packet Pg. 351 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) C-1 EXHIBIT C FIRPTA CERTIFICATE TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS To inform Fairview Ford Sales, Inc., a California corporation (“Transferee”), that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of certain real property to the Transferee by the City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following: 1. The Transferor is not a foreign person or citizen, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor’s social security number or U.S. employer identification number is as follows: _________________. 3. The Transferor’s home or office address is: _________________________________________ _________________________________________ The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document. The City of San Bernardino 18.f Packet Pg. 352 Attachment: PSA for 333 N H Street.Attach 1.Exh D.PSA (4884 : Purchase and Sale Agreement for 333 North “H” Street, San Bernardino) This page left blank intentionally ItNARD'' O Public Hearing City of San Bernardino o' Request for Council Action D Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Christopher H. Alanis, Interim Director of Public Works Subject: Refuse Accounts Liens Recommendation Council to Conduct a Public Hearing related to the Placement of Liens for Refuse Accounts delinquent as of the Second Quarter 2016, Third Quarter 2016, October and November 2016, and adopt a Resolution. Adopt a Resolution authorizing The City Manager or his/her designee to file Liens against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller-Recorder. Background On April 1, 2016, as part of the City of San Bernardino's Bankruptcy Recovery Plan, the City of San Bernardino contracted with Burrtec Waste Industries to provide solid waste, recycling, and right of way clean up services. San Bernardino Municipal Code Section 8.24.050 provides that in the event the bill for solid waste collection service together with any late charge thereon is not paid in full within thirty (30) days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to Chapter 8.24.050(B), the franchised hauler may assign such bill to the City for collection through the initiation of lien and special assessment proceedings. Discussion On February 23rd, 2017 pursuant to Chapter 8.24.050 of the Municipal Code, an administrative hearing was held to hear protests and resolve any inconsistencies or inequities prior to this public hearing before the City Council. Each affected property owner was notified of the administrative hearing. Accordingly, seven speakers (nine items) addressed the hearing officer of which three items were pulled for further review and removed from the list of delinquent properties. A resolution has been prepared confirming the placement of liens on 3,332 accounts and authorizing the subsequent 19.a Packet Pg. 353 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) assessment for all fees and charges, should they remain unpaid at the time of submission to the County Assessor. Fiscal Impact Placement of the listed properties on tax liens ensures that the City of San Bernardino and Burrtec Waste are able to recover the amounts owed for services provided to the customers. Conclusion Staff recommends that, as authorized by San Bernardino Municipal Code, the City Council: Conduct a Public Hearing to consider the placement of liens against the delinquent properties identified on Exhibit A Adopt a Resolution Authorizing the Filing of Liens Against Certain Properties for Delinquent Refuse Accounts with the San Bernardino County Auditor Controller- Recorder. Attachments Attachment 1 - Resolution Attachment 2 - City of San Bernardino Administrative Hearing Data as of 02-21-17 Attachment 3 - City of San Bernardino Hearing Notice Proof of Mailing 02-13- 17 Attachment 4 - Notice of Administrative Hearing on Special Assessment and Lien S. B.M.C. 8.24.050 Attachment 5 - Notice of Delinquency S.B.M.C. 8.24.050 City of San Bernardino Attachment 6 - Sample Invoice Attachment 7 - City of San Bernardino Municipal Code Section 8.24.040 Attachment 8 - City of San Bernardino Municipal Code Section 8.24.050 Ward: Synopsis of Previous Council Actions: 19.a Packet Pg. 354 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESSMENTS AND PROCEEDINGS FOR UNPAID SOLID WASTE 4 COLLECTION SERVICES 5 WHEREAS, to protect the health, safety, and welfare of the residents of the City of 6 San Bernardino ("City"), and pursuant to San Bernardino Municipal Code ("SBMC") section 8.24.040(B) every occupied premises in the City is required to have solid waste collection 7 service; and, 8 WHEREAS, on January 25, 2016 the Mayor and City Council approved, by 9 Resolution 2016-10, a ten-year agreement ("Franchise Agreement") with Burrtec Waste Industries, Inc. ("Franchised Hauler") to provide solid waste collection services to the City; 10 and, 11 WHEREAS, pursuant to section 21.11.1 of the Franchise Agreement, the Franchised 12 Hauler may not discontinue service for residential premises for nonpayment; and, 13 WHEREAS, pursuant to SBMC section 8.24.050, the Franchised Hauler may assign accounts delinquent greater than forty-five (45) days to the City to be placed on the annual 14 secured property tax rolls and that any amounts owing would then become a lien on the 15 Property; and, 16 WHEREAS, pursuant to SBMC section 8.24.050(B)(1) the Franchised Hauler sent notices to property owners and occupants with accounts delinquent more than forty-five (45) 17 days informing the property owners and occupants of the delinquent amount and that failure 18 to pay that amount could result in a special assessment and lien upon the property as well as a ten-percent (10%) penalty and one and one-half percent (1.5%) monthly interest charge; and, 19 WHEREAS, pursuant to SBMC section 8.24.050(C) the Franchised Hauler assigned 20 the delinquent accounts to the City; and, 21 WHEREAS, pursuant to SBMC section 8.24.050(D) the City Manager, through the 22 Interim Director of Public Works, prepared a report of delinquency and initiated proceedings to create a special assessment and lien on the properties with delinquent accounts; and, 23 24 WHEREAS, pursuant to SBMC section 8.24.050(E) the City Manager, through the Interim Director of Public Works, sent notices to the owners and occupants of properties with 25 delinquent accounts giving at least ten (10) days' notice that an administrative hearing had been set before the Hearing Officer for February 23, 2017 at 1 p.m. in the City Council 26 Chambers at 300 N. "D" Street, San Bernardino California and that a public hearing had been 27 set before the Mayor and City Council for March 6, 2017 at 5:30 p.m. in the City Council Chambers at 300 N. "D" Street, San Bernardino California; and, 28 1 19.a Packet Pg. 355 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) 1 WHEREAS, pursuant to SBMC section 8.24.050(F) the Hearing Officer for the City of San Bernardino, at the aforementioned date, time and place, held an administrative hearing; 2 and, 3 WHEREAS, during the aforementioned administrative hearing, all appeals, protests, 4 or objections, if any, were duly presented and the Hearing Officer gave all persons noticed and present desiring to be heard, an opportunity to be heard in respect to any matter relating to 5 said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and, 6 WHEREAS, pursuant to SBMC section 8.24.050(G) the Mayor and City Council for the City of San Bernardino, at the aforementioned date, time and place, held a public hearing; 8 and, 9 WHEREAS, during the aforementioned administrative hearing, all appeals, protests, or objections, if any, were duly presented and the Mayor and City Council gave all persons10noticedandpresentdesiringtobeheard, an opportunity to be heard in respect to any matter 11 relating to said assessments, to the corrections of said assessments, or to any matter relating to said assessments or the proceedings therefore; and, 12 WHEREAS, all such persons desiring to be heard have been heard by the Mayor and13CityCouncilandtheMayorandCityCouncilarefullyinformedofthepremises. 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. That said administrative and public hearings have been duly held; that 17 each and every step in the proceedings prior to and including the public hearing has been properly and regularly taken; that this Mayor and City Council are satisfied with the 18 correctness of the assessments; the proceedings and all matters relating thereto; and that all protests, objections, or appeals are hereby overruled and denied; and the Mayor and City 19 Council do hereby confirm said proceedings and said assessments. 20 SECTION 2. That the fees for solid waste collection shall be assessed against the 21 benefitting property and shall be assessed as a lien on the property benefited thereby, which lien shall be included on the tax roll for taxes levied against the property. 22 23 SECTION 3. That the prorated first year interest @ 1.5% per month and a penalty of 10% of lien unpaid balance will be added to the delinquent amounts and assessed against the 24 benefitting properties. 25 SECTION 4. That additional interest shall be charged by the County of San 26 Bernardino if the balance remains unpaid for more than one year. 27 SECTION 5. That the parcels to be liened and the amount of said lien are set forth on Exhibit "A" attached hereto and made a part thereof. 28 2 19.a Packet Pg. 356 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING 2 ASSESSMENTS AND PROCEEDINGS FOR UNPAID SOLID WASTE COLLECTION SERVICES 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and City Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 2017, by the following vote, 7 to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 BARRIOS 12 VALDIVIA 13 14 SHORETT 15 NICKEL 16 RICHARD 17 MULVIHILL 18 19 Georgeann Hanna, CMC, City Clerk 20 21 The foregoing Resolution is hereby approved this day of 2017. 22 23 R. Carey Davis, Mayor 24 City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 By: 28 3 19.a Packet Pg. 357 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) This page left blank intentionally ATTACHMENT 2 Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 0134 01116 0000 127.07 0134 012 08 0000 201.97 0134 013 13 0000' 201.97' 0134 014 03 0000 201.97 0134 014 19 0000 81.97 0134 023 210000 201.97 0134 054 27 0000 417.66 0134 06108 0000 201.97 0135 02106 0000 201.97 0135 02109 0000 26.67 0135 03116 0000 201.97 0135 033 05 0000 201.97 0135 132 23 0000 151.97 0135 132 38 0000 169.71' 0135 142 110000 46.62 0135 142 20 0000 42.30; 0135 143 23 0000 28.29! 0135 144 24 0000 175.48! 0135 18114 0000 45.68 0135 18115 0000 98.48' 0135 18119 0000 45.57 0135 181 21 0000 201.97 0135 18142 0000' 201.97 0135 18145 0000 45.68 0135 24113 0000 45.68 0135 252 17 0000 238.35! 0135 252 44 0000 151.97! 0135 252 45 0000 86.97 0135 29105 0000 201.97 0135 29132 0000 96.62, 0135 292 20 0000 201.97 0135 292 210000 201.97 0135 30105 0000' 201.97 0135 302 07 0000 201.97 0135 302 310000 166.57 0136 042 26 0000 252.82 0136 05146 0000 1,099.59 0136 082 210000 201.97 0136 13139 0000 119.18 0136 162 17 0000 146.33 0136 194 33 0000 130.98 Page 1 of 82 19.a Packet Pg. 358 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0136 20146 0000 119.18' 0136 202 04 0000 201.97 a 0136 202 08 0000 64.46 0136 23124 0000 201.97 0136 23126 0000 201.97' 0136 261 41 0000 201.97 0136 27115 0000 45.68 0136 28109 0000 201.97 0136 302 17 0000 79.83 0136 311 21 0000 201.97 0136 341 11 0000 149.48 0136 401 01 0000 238.36 0136 40167 0000 2,138.96 0136 42103 0000 71.60 0136 422 02 0000 201.97 0136 442 06 0000 148.84' 0136 442 40 0000 201.97 0136 451 11 0000 201.97 0136 46107 0000 201.97 i 0136 522 27 0000' 212.85 0137 012 18 0000 421.15 0137 012 210000 107.58 0137 012 35 0000 24.58 0137 012 39 0000 193.67' 0137 02105 0000 45.68 0137 02112 0000 219.18 0137 02117 0000 316.57 0137 02120 0000 101.97 0137 02124 0000 826.11 0137 022 12 0000 201.97 0137 022 15 0000 201.97 0137 022 210000 148.84 0137 031 01 0000 201.97 0137 03102 0000 201.97 0137 032 04 0000 45.68 0137 032 10 0000 201.97 0137 032 26 0000 42.63 0137 04120 0000 201.97 0137 042 12 0000 201.97 0137 042 14 0000 148.84 0137 042 17 0000 41.07 Page 2 of 82 19.a Packet Pg. 359 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0137 043 02 0000 50.94 0137 043 08 0000 53.90 0137 043 09 0000 201.97 0137 044 04 0000 148.84' 0137 044 210000 201.97 0137 06104 0000 201.97 0137 06108 0000 76.13 0137 06124 0000 51.97, 0137 063 06 0000 101.97 0137 064 06 0000 201.97 0137 064 20 0000 45.68 0137 07120 0000 45.68 0137 07123 0000 25.89 0137 073 02 0000 201.97 0137 075 15 0000 114.13 0137 08117 0000 54.82 0137 08123 0000 148.84 0137 10112 0000 101.97 0137 102 03 0000 218.04; i 0137 103 29 0000 26.15' 0137 112 06 0000 96.62 0137 12103 0000 101.97 0137 12109 0000 45.68 0137 123 05 0000 201.97 0137 123 13 0000 91.36 0137 13114 0000 101.97 0137 131 21 0000 101.97 0137 132 08 0000 201.97 0137 133 06 0000 45.68' 0137 15104 0000 154.48'' 0137 15108 0000 151.12' 0137 152 14 0000 91.36 0137 17106 0000 57.90 0137 17107 0000 201.97 0137 17110 0000 45.68 0137 17120 0000 201.97 0137 17122 0000 201.97 0137 17129 0000 201.97 0137 172 28 0000 101.97 0137 19113 0000 388.48 0137 192 08 0000 107.26' Page 3 of 82 19.a Packet Pg. 360 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0138 011 26 0000 195.67 0138 012 15 0000 101.97 10138 013 15 0000 201.97 0138 02102 0000 156.29 0138 02107 0000 201.97. 0138 022 09 0000 201.97' 0138 023 14 0000 46.23 0138 032 04 0000 201.97 0138 035 010000 239.15 0138 035 05 0000 201.97 0138 04116 0000 110.39 0138 042 10 00005 247.65 0138 042 27 0000 201.97 0138 043 29 0000 201.97 0138 05102 0000 316.57 0138 05103 0000 201.97 0138 052 09 0000 99.90 0138 052 13 0000 201.97 0138 052 23 0000 316.57: 0138 053 210000 95.93 0138 06103 0000 154.84' 0138 06118 0000 201.37 0138 061 21 0000 201.97 0138 06129 0000 51.97 0138 062 05 0000 52.37 0138 062 110000 51.97, 0138 062 210000 97.66 0138 063 09 0000 148.84 0138 07109 0000 45.68 0138 072 04 0000 201.97 0138 08107 0000 201.97 0138 082 18 0000 101.97 0138 092 18 0000 45.68 0138 102 32 0000 45.68 0138 103 20 0000' 201.97 0138 103 25 0000 76.57 0138 104 13 0000 101.97 0138 104 29 0000 101.97 0138 112 10 0000 101.62 0138 112 13 0000 201.97 0138 114 17 0000 67.76 Page 4 of 82 19.a Packet Pg. 361 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0138 121 13 0000,96.62 1 0138 122 26 0000{ 238.36 0138 123 20 0000 201.97 0138 123 25 0000 201.97 0138 123 28 0000 201.97 0138 124 12 0000' 186.09 0138 124 19 0000 201.97 0138 124 25 0000 403.96 0138 132 12 0000 38.82 0138 132 43 0000 151.97 0138 14127 0000 45.68 0138 142 07 0000 201.97 0138 142 12 0000 80.32 0138 17112 0000 201.97 0138 17125 0000 316.57 0138 17128 0000 403.94 0138 173 02 0000 27.39 0138 173 310000 201.97 0138 173 35 0000 151.43 0138 173 3710000 148.84 0138 174 07 0000 316.57 0138 174 26 0000 103.17 0138 18102 0000 101.97 f 0138 18132 0000 201.97 0138 18138 0000 106.72 0138 182 04 0000 219.18 0138 182 37 0000 233.65 0138 19106 0000 148.83 0138 19120 0000 238.36 0138 192 19 0000 201.97 0138 192 20 0000 96.62 0138 25124 0000 201.97 0138 27112 0000 50.94' 0138 272 25 0000 49.62 0138 272 26 0000 201.97' 0138 272 28 0000 201.97. 0138 272 43 0000, 0138 28110 0000 201.97 0138 283 09 0000 101.97 10138 283 10 0000 45.68 0138 283 25 0000 198.48 Page 5 of 82 19.a Packet Pg. 362 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0138 283 29 0000 207.30 z 0138 283 39 0000 199.78 10138 284 20 0000 201.97 0138 284 22 0000 201.97 0138 284 24 0000 61.97 0138 291110000 201.97 0138 292 02 0000 160.26 0138 292 03 0000 420.39 0138 292 05 0000 201.97 0138 292 06 0000 201.97 0138 292 08 0000 45.68 0138 292 110000 96.62 0138 293 20 0000 203.96 0138 294 010000 151.97 0138 294 14 0000 198.59 0138 294 19 0000 201.97 0138 302 23 0000 96.62 0138 303 03 0000 201.97 0138 31104 0000 201.97 0138 31115 0000 45.68 0138 31116 0000 45.68 0138 312 37 0000 937.30' 0138 312 53 0000 375.33 0138 312 59 0000 403.96 0139 032 18 0000 156.29 0139 032 32 0000 302.35 0139 033 22 0000 101.97 0139 033 28 0000 201.97 0139 043 03 0000 45.68 0139 043 16 0000 201.97 0139 043 17 0000 100.13 0139 044 08 0000 148.84 0139 045 04 0000 52.22 0139 045 13 0000 96.62 0139 05118 0000 104.60 0139 052 05 0000 45.77 0139 052 06 0000 151.97 0139 052 20 0000 73.85' 0139 053 09 0000 201.97 0139 053 10 0000 165.14 0139 054 10 0000 45.68 Page 6 of 82 19.a Packet Pg. 363 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016- November 30th, 2016 Preliminary Parcel List as of 2-21-17 0139 07107 0000 152.65 0139 072 13 0000 46.34 0139 072 26 0000 102.47 0139 073 12 0000 201.97 0139 073 30 0000 101.97 0139 073 39 0000 108.04 0139 08143 0000 45.68 0139 09138 0000 316.57 0139 09155 0000 201.97 0139 101 21 0000 201.97 0139 10129 0000 76.35 0139 10130 0000 28.17 0139 10138 0000 149.19 0139 102 09 0000 154.48 0139 103 210000 75.66 0139 104 310000 103.03 0139 104 32 0000 154.48 0139 112 22 0000 199.09 0139 112 310000 187.85 0139 112 32 0000 208.06 0139 113 12 0000 108.04 0139 113 17 0000 100.00 0139 113 18 0000 54.84 0139 113 37 0000 201.97 0139 113 45 0000 201.97 0139 113 48 0000 53.13 0139 113 510000 201.97 0139 12103 0000 182.72 10139 12108 0000 201.97 0139 12116 0000 201.97 0139 121 31 0000 52.38 0139 12138 0000 201.97 0139 12140 0000 36.41 0139 12147 0000 201.97 0139 12154 0000 45.68 0139 13107 0000 201.97 0139 132 05 0000 201.97 01.39 132 09 0000 316.57 0139 132 17 0000 96.62 0139 132 18 0000 96.62 0139 14120 0000 201.97 Page 7 of 82 19.a Packet Pg. 364 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0139 16105 0000 182.72 0139 16107 0000 45.68 0139 16108 0000 75.97 0139 16138 0000 137.52 0139 16142 0000 316.76 0139 163 03 0000 44.92 013916 3 06 0000 201.97 0139 163 08 0000 68.63 0139 164 06 0000 219.18 0139 164 07 0000 198.48 0139 164 110000 71.60 0139 164 15 0000 201.97 0139 172 19 0000 69.28 0139 173 02 0000 149.75 0139 173 23 0000 45.68 0139 173 27 0000 26.62 0139 174 02 0000 148.84 0139 174 18 0000 201.97 0139 174 23 0000 45.68 0139 174 42 0000 100.00 0139 174 46 0000 201.97 0139 174 50 0000 201.97 0139 174 510000 201.97 0139 174 64 0000 316.57 0139 18110 0000 91.97 0139 19104 0000 201.97 0139 19127 0000 201.97 0139 19129 0000 151.97 0139 192 10 0000 57.10 0139 192 13 0000 201.97 0139 193 03 0000 201.97 0139 21107 0000 101.97 0139 21115 0000 201.97 0139 21116 0000 45.85' 0139 21120 0000 101.97. 0139 223 13 0000 201.97 0139 224 04 0000 201.97 0139 224 310000 101.97 0139 23112 0000 302.35 0139 23145 0000 31.14 0139 231 71 0000 201.97 Page 8 of 82 19.a Packet Pg. 365 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 0139 232 03 0000 51.97 0139 232 15 0000 201.97 0139 232 19 0000 201.97 0139 232 23 0000 48.84 0139 232 410000 74.97 0139 232 45 0000 201.97 0139 242 02 0000 518.55 0139 243 010000 201.97 0139 243 14 0000 101.97 0139 243 15 0000 45.30 0139 243 16 0000 101.97 0139 25116 0000 68.52 0139 25123 0000 201.97 0139 252 03 0000 201.97 0139 252 06 0000 201.97 0139 252 09 0000 201.97 0139 252 10 0000 201.97 0139 253 14 0000 91.22 0139 253 20 0000 101.97 0139 253 25 0000 116.57 0139 262 110000 96.62 0139 271 11 0000 201.97 0139 272 13 0000 201.97 0139 272 14 0000 60.91 0139 272 23 0000 96.62 0139 273 05 0000 55.06 0139 273 09 0000 48.82 0139 273 110000 101.97 0139 28112 0000 201.97 0139 28128 0000 201.97 0139 281 31 0000 148.84 0139 282 12 0000 201.97, 0139 282 19 0000 101.97 0139 29106 0000 231.17 0139 29107 0000 79.83 0139 29117 0000 201.97 0139 29126 0000 201.97 0139 29142 0000 213.81 0139 292 06 0000 154.84 0139 292 13 0000 201.97 0139 293 06 0000 151.43 Page 9 of 82 19.a Packet Pg. 366 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0139 293 12 0000 201.97 0139 293 13 0000 156.29 0139 294 18 0000 101.97 0139 294 25 0000 316.57 0139 294 27 0000 172.33 0139 30103 0000 96.62 0139 30104 0000 79.53 0139 30113 0000 154.76 0139 30124 0000 158.28 0139 302 19 0000 154.84 0139 302 20 0000 26.97 0139 302 22 0000 44.16 0139 302 24 0000 162.38 0139 302 26 0000 191.17 0139 303 16 0000 43.04 0139 303 24 0000 201.97 0139 31103 0000' 148.84 0139 31107 0000 201.97 0139 31127 0000 201.97 0139 31128 0000 201.97 0139 312 14 0000! 316.57 0139 32123 0000 201.97 0139 322 04 0000 201.97 0139 324 04 0000 156.29 0139 324 07 0000 201.97 0139 33106 0000 201.97 0139 331 11 0000 181.97 0139 33114 0000 116.57 0139 33119 0000 80.88 0139 33120 0000 141.97 0139 33123 0000 83.84 0139 33124 0000 45.68 0139 331 31 0000 329.20 0139 332 08 0000 201.97, 0139 332 13 0000 45.68. 0139 332 14 0000 68.52 0139 333 02 0000 316.57 0139 333 06 0000 96.62 0139 333 07 0000 201.97 0139 333 09 0000 51.43 0140 013 04 0000 202.54 Page 10 of 82 19.a Packet Pg. 367 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0140 014 04 0000!87.59 0140 014 10 0000 96.62 0140 014 14 0000 49.64{ 0140 014 15 0000 73.85 0140 014 17 0000 201.97 0140 014 210000 201.97 0140 014 23 0000 201.97 0140 022 07 0000 201.97 0140 022 09 0000 148.47 0140 023 010000 201.97 0140 023 03 0000 201.97 0140 023 05 0000 52.47 0140 023 09 0000 201.97 0140 023 19 0000 219.18 0140 023 20 0000 45.68 0140 023 23 0000 99.90 0140 024 24 0000 201.97 0140 024 30 0000 112.10 0140 032 010000 154.84 0140 032 05 0000 201.97 0140 032 18 0000 201.97 0140 032 19 0000 53.90 0140 033 08 0000 85.93 0140 033 13 0000 148.84' 0140 033 16 0000 201.97 0140 033 25 0000 201.97 0140 04117 0000 148.84 0140 04150 0000 79.53 0140 053 16 0000 141.97 0140 053 18 0000 201.97 0140 053 23 0000' 144.58 0140 053 32 0000'45.68 0140 062 06 0000'98.99 0140 063 17 0000 201.97 0140 063 18 0000 201.97 0140 07113 0000 98.48 0140 072 010000 198.48 0140 072 07 0000 51.97 0140 072 09 0000 74.47 0140 072 10 0000 301.40 0140 072 17 0000 45.68f Page 11 of 82 19.a Packet Pg. 368 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0140 072 22 0000 201.97 0140 073 20 0000 45.68 0140 074 04 0000 201.97 0140 074 210000 316.57 0140 08113 0000 201.97 0140 081 21 0000 68.52 0140 082 110000 201.97 0140 083 06 0000 465.16 0140 09108 0000 123.41 0140 092 17 0000 201.97 0140 10102 0000 45.68 0140 10122 0000 201.97, 0140 10126 0000 45.68 0140 10129 0000 151.43 0140 102 110000 219.48 0140 102 13 0000 201.97 0140 103 010000 50.94 0140 103 03 0000! 201.97 0140 103 04 0000;76.06f 0140 103,14 0000 45.68{ 0140 104 010000 111.97 0140 104 12 0000 51.97 0140 11104 0000 65.47 0140 11112 0000 99.99; 0140 11117 0000 155.00' 0140 11125 0000 201.97' 0140 112 010000 201.97' 0140 112 02 0000 148.84 0140 112 15 0000 45.68 0140 112 39 0000 201.97' 0140 112 44 0000 63.95' 0140 12118 0000 45.68 0140 12122 0000 201.97 0140 122 210000 201.97, 0140 122 22 0000 101.97 0140 122 24 0000 130.88 0140 132 110000 104.00 0140 133 20 0000 201.97: 0140 134 02 0000 201.97 0140 134 12 0000 45.68 0140 14124 0000 51.01 Page 12 of 82 19.a Packet Pg. 369 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0140 142 06 0000 201.97 0140 142 15 0000 45.68 0140 142 16 0000 201.97 0140 142 17 0000 201.97 0140 143 010000 201.97 0140 143 37 0000 201.97 0140 152 08 0000 91.36 0140 152 27 0000 201.97 0140 153 04 0000 50.94 0140 153 05 0000 45.68 0140 153 07 0000 29.23 0140 153 20 0000 305.00 0140 153 410000 238.59 0140 16123 0000 201.97 0140 16130 0000 92.84 0140 16135 0000 201.97 0140 162 22 0000 95.16 0140 162 25 0000 201.97 0140 171 01 0000 201.97 0140 17102 0000 201.97 0140 17109 0000 29.84 0140 17114 0000 32.67 0140 17117 0000 45.68 0140 17122 0000 51.97 0140 17125 0000 45.68 0140 17140 0000 201.97 0140 172 05 0000 101.97 0140 172 06 0000 201.97 0140 172 09 0000 45.68 0140 172 32 0000 126.61 0140 172 36 0000 96.62 0140 172 37 0000 82.72 0140 172 40 0000 185.14 0140 172 42 0000 45.68 0140 181 01 0000 201.97 0140 18106 0000 45.68 0140 18127 0000 79.98 0140 182 03 0000 65.47 0140 182 19 0000 373.24 0140 182 20 0000 99.46 0140 182 23 0000 35.00 Page 13 of 82 19.a Packet Pg. 370 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0140 182 30 0000 61.66 0140 19119 0000 147.55 0140 19134 0000 156.69 0140 192 12 0000 45.68 0140 192 28 0000 316.57 0140 192 33 0000 96.62 0140 20115 0000 201.97 0140 20122 0000 41.36 0140 202 07 0000 201.97 0140 202 15 0000 45.68 0140 203 06 0000 189.19 0140 211 01 0000 267.02 0140 21104 0000 143.64 0140 21135 0000 371.96 0140 212 04 0000 115.94 0140 212 06 0000 76.43 0140 213 16 0000 87.70 0140 22108 0000 88.31 0140 22130 0000 316.57 0140 222 110000 110.32 0140 222 29 0000 201.97 0140 23115 0000 201.97 0140 23124 0000 193.12 0140 23125 0000 201.97 0140 26115 0000 201.97 0140 262 110000 149.90 0140 263 110000 161.32 0140 263 14 0000 247.65 0140 263 26 0000 41.11 0140 263 28 0000 219.18 0140 263 33 0000 518.55 0140 282 27 0000 201.97 0140 282 53 0000 243.72 0140 292 05 0000 45.68 1014103108 0000 201.97 0141 031 47 0000 45.68 0141 042 14 0000 201.97 t 0141 042 20 0000 155.61 0141 042 22 0000 201.97 0141042 25 0000 201.97 0141 042 37 0000 200.00 Page 14 of 82 19.a Packet Pg. 371 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0141 042 44 0000 137.04 0141 042 67 0000 201.97 0141052 010000 62.23 0141 052 08 0000 67.00 0141 062 20 0000 35.57 0141 071 74 0000 908.69 0141 121 08 0000 201.97 0141 122 09 0000 201.97 0141 122 17 0000 45.68 0141 142 25 0000 45.68 0141 143 010000 51.22 0141 143 04 0000 148.84 0141 143 25 0000 45.68 0141 152 210000 201.97 0141 152 28 0000 201.97 0141 152 46 0000 45.68 0141153 20 0000 148.84 0141 162 06 0000 45.68 0141 163 05 0000 148.84 0141 163 19 0000 139.70 014122106 0000 103.90 0141 223 04 0000 201.97 0141 224 09 0000 201.97 0141 231 10 0000 44.92 0141 471 06 0000 201.97 0141 471 11 0000 96.62 0141 471 29 0000 47.08 0141 471 32 0000 45.68 0141 481 09 0000 45.68 0141 481 10 0000 201.97 0141 481 27 0000 201.97 0141 481 34 0000 201.97 0141 481 36 0000 45.68 0141 481 56 0000 101.97 0141 493 29 0000 44.92 0141 493 40 0000 201.97 0141 50117 0000 148.84 0141 501 48 0000 37.66 0141 501 50 0000 201.97 0141 511 57 0000 101.97 0141 511 64 0000 151.83 Page 15 of 82 19.a Packet Pg. 372 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 ROI 521 33 0000 ^ 201.97 0141 531 32 0000 25.00 0141 541 08 0000 166.35 0141 541 22 0000 103.90 0141 541 23 0000 45.68 0141 541 29 0000 96.62 0141 541 30 0000 108.84 0141 541 31 0000 201.97 0141 571 05 0000 201.97 0142 013 010000 111.92 0142 013 15 0000 201.97 0142 013 210000 45.68 0142 013 44 0000 96.62 0142 013 48 0000 201.97 0142 013 55 0000 102.05 0142 022 19 0000 45.36 0142 032 03 0000 105.35 0142 032 610000 201.97 0142 033 26 0000 37.26 0142 033 27 0000 201.97 0142 041 11 0000 150.71 0142 062 23 0000 201.97 0142 07132 0000 201.97 0142 07133 0000 201.97 0142 07136 0000 208.64 0142 082 06 0000 63.33 0_142 111 13 0000 201.97 0142 24110 0000 45.68 0142 242 010000 49.90 0142 242 08 0000 45.68 0142 242 26 0000 154.48 0142 242 310000 233.28 0142 242 34 0000 121.97 0142 25106 0000 201.97 0142 252 04 0000 194.52 0142 252 07 0000 201.97 0142 252 19 0000 154.35' 0142 253 07 0000 231.05' 0142 253 08 0000 201.97 0142 255 06 0000 45.68 0142 255 08 0000 45.68 Page 16 of 82 19.a Packet Pg. 373 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period: April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 f- 1 0142 255 15 0000 201.97 0142 256 13 0000 201.97 0142 256 20 0000 155.35 0142 26102 0000 51.04 0142 262 02 0000 102.70 0142 264 04 0000 201.97 11 0142 265 010000 96.62 0142 265 03 0000 210.22 0142 265 19 0000 129.43 0142 265 22 0000 53.13 0142 265 24 0000 201.97 0142 272 09 0000 46.62 0142 282 08 0000 100.13 0142 282 10 0000 198.48 0142 282 12 0000 201.97 0142 282 26 0000 100.00 0142 282 27 0000 233.22 0142 283 02 0000 252.98 0142 283 03 0000 201.97 0142 292 02 0000 201.97 0142 292 05 0000 45.68 0142 293 13 0000 51.97 0142 294 08 0000 68.52 0142 295 04 0000 201.97 0142 295 07 0000 201.97 0142 295 09 0000 148.84 0142 295 17 0000 201.97 0142 30102 0000 201.97 0142 30119 0000 201.97 0142 302 010000 201.97 0142 311 21 0000 108.87 0142 31122 0000 201.97 0142 311 41 0000 41.97 0142 312 010000 95.90 0142 312 03 0000 201.97 0142 312 08 0000 96.62 0142 315 010000 181.41 0142 32104 0000 201.97 0142 32114 0000 311.05 0142 32122 0000 148.84 0142 323 04 0000 45.68 Page 17 of 82 19.a Packet Pg. 374 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 WWIf% 0142 323 07 0000 201.97 0142 323 09 0000 96.62 0142 323 17 0000 201.97 0142 325 17 0000 154.84 0142 325 22 0000 100.00 0142 326 02 0000 45.68 0142 33103 0000 79.94 0142 331 21 0000 201.97 0142 332 110000 54.48 0142 334 010000 201.97 0142 335 02 0000 201.97 0142 335 10 0000 201.97 0142 335 110000 45.68 0142 335 12 0000 155.61 0142 336 04 0000 46.87 0142 34120 0000 48.73 0142 341 21 0000 100.00 0142 34123 0000 201.97 0142 343 02 0000 201.97 0142 343 08 0000 201.97 0142 343 13 0000 154.84 0142 344 10 0000 45.68 0142 344 12 0000 201.97 0142 35107 0000 46.62 0142 352 02 0000 201.97 0142 362 02 0000 316.57 0142 37109 0000 51.97 0142 371 11 0000 40.35 0142 372 08 0000 104.15 0142 372 19 0000 48.84 0142 39106 0000 47.78 0142 392 010000 198.48 0142 393 06 0000 201.97 0142 393 12 0000 201.97 0142 393 19 0000 156.29 0142 393 23 0000 97.37 0142 394 04 0000 201.97 0142 394 07 0000 45.68 0142 395 03 0000 201.97 0142 40105 0000 151.22 0142 402 04 0000 51.01 Page 18 of 82 19.a Packet Pg. 375 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0142 402 13 0000 53.13' 0142 402 14 0000 138.48, 0142 41103 0000 100.13 0142 412 14 0000 45.68 0142 412 15 0000 201.97 0142 413 05 0000 201.97 0142 414 010000 201.97 0142 414 14 0000 201.97 0142 42107 0000 201.97 0142 42112 0000 141.97 0142 42113 0000 201.97 0142 42122 0000 201.97 0142 422 010000 119.46 0142 423 05 0000 45.68 0142 432 02 0000 181.58' 0142 433 06 0000 154.84 0142 437 010000 201.97 0142 44107 0000 101.97 0142 44108 0000 201.97 0142 44115 0000 151.97 0142 442 09 0000 68.52 0142 454 02 0000 201.97 0142 454 04 0000 201.97 0142 454 09 0000 201.97 0142 46107 0000 87.94 0142 46118 0000 266.20 0142 46123 0000 145.98 0142 462 13 0000 51.97 0142 463 10 0000 316.57 0142 463 19 0000 234.71 0142 472 010000 45.68 0142 472 04 0000 302.35 0142 473 05 0000 94.34 0142 473 08 0000 201.97 0142 473 13 0000 201.97 0142 473 24 0000 201.97 0142 473 28 0000 201.97 0142 474 04 0000 148.84 0142 474 22 0000 201.97 0142 475 02 0000 201.97 0142 475 05 0000 45.68 Page 19 of 82 19.a Packet Pg. 376 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0142 475 17 0000 201.97 0142 49104 0000 45.68 0142 49110 0000 201.97 0142 502 010000 201.97 0142 502 03 0000 45.68 0142 502 04 0000 45.68 0142 502 10 0000 201.97 0142 502 19 0000 45.68 0142 502 35 0000 45.68 0142 504 05 0000 201.97 0142 505 07 0000 51.93 0142 51110 0000 81.97 0142 51140 0000 99.46 0142 532 07 0000 51.97 0142 533 06 0000 154.84 0142 533 08 0000 45.68 0142 534 02 0000 69.90 0142 534 03 0000 201.97 0142 534 09 0000 201.97' 0142 534 13 0000 201.97 0142 534 25 0000 99.84 0142 534 40 0000 201.97 0142 54106 0000 201.97 0142 54109 0000 101.97 0142 54122 0000 25.02 0142 54126 0000 148.84 0142 54132 0000 75.97 0142 542 02 0000 316.57 0142 55110 0000 130.88 0142 552 02 0000 316.57 0142 552 06 0000 94.34 0142 553 02 0000 81.00 0142 561 11 0000 152.44' 0142 56118 0000 201.97. 0142 57104 0000 148.84 0142 571 11 0000 45.68 0142 57127 0000 41.97 0142 571 41 0000 48.47 0142 581 01 0000 201.97 0142 58102 0000 151.22' 0142 58108 0000 201.97 Page 20 of 82 19.a Packet Pg. 377 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0142 58116 0000 201.97 0142 592 05 0000 92.88: 0142 592 06 0000 43. 97! 0142 592 15 0000 100.97' 0142 592 16 0000 201.97 0142 592 20 0000 201.97; 0142 592 24 0000 45.68 0142 592 40 0000 105.35 0142 593 14 0000 201.97 0142 60117 0000 27.47' 0142 60119 0000 201.97 0142 60124 0000 201.97:: 0142 60126 0000 148.84 0142 60132 0000 201.97 0142 60135 0000 101.97! 0142 60140 0000 201.97 0142 60147 0000 201.97 0142 61102 0000 158.36 0142 61104 0000 97.66 0142 61106 0000 316.57! 0142 611 11 0000 53.13 0142 611 21 0000 201.97 0142 61123 0000 50.94 0142 61130 0000 201.97 0142 61153 0000 201.97 0142 61155 0000' 156.29 0142 61159 0000' 154.84 0142 62103 0000 82. 63 0142 62104 0000 50.85 0142 63106 0000 201.97 0142 63124 0000 201.97 0142 63167 0000 201.97, 0142 63170 0000 201.97 0142 632 12 0000 201.97 0142 632 15 0000 67.76 0142 632 210000.54.06 0142 632 25 000 201.97 0142 632 33 0000 53.13 0142 632 35 0000 84.90 0142 633 09 0000 201.97 0142 633 12 0000 201.97, Page 21 of 82 19.a Packet Pg. 378 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries,Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 0142 633 22 0000 201.97 0142 64107 0000 201.97 0142 64113 0000 201.97 0142 64118 0000 165.14 0142 64129 0000 201.97 0142 64162 0000 91.36 0142 64166 0000 45.68 0142 65107 0000 201.97 0142 66119 0000 156.29 0142 661 21 0000 96.62 0142 66137 0000 201.97 0142 66144 0000 201.97 0142 66163 0000 201.97 0142 66170 0000 201.97 0142 67108 0000 201.97 0142 67110 0000 45.68 0142 67112 0000' 103.91 0142 67130 0000 201.97 0142 67132 0000 201.97 0142 67142 0000,45.68 0142 67162 0000 148.84 0142 67169 0000 201.97 0142 68110 0000 45.68 0142 68116 0000 61.07 0142 68119 0000 148.84 0142 68140 0000 201.97 0142 68143 0000 152.40 0142 68147 0000 201.97 0142 68180 0000 201.97 0142 681 81 0000 201.97 0142 68184 0000' 101.97 0142 68194 0000' 201.97 0142 691 02 0000 151.97 0142 69114 0000 201.97 0142 69126 0000 141.97 0142 691 61 0000 63.19 0142 69165 0000 201.97 r 0142 70107 0000 201.97 0142 70127 0000 47.08 0142 70132 0000 126.97 0142 70175 0000 101.97 Page 22 of 82 19.a Packet Pg. 379 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 f 10142 70177 0000' 201.97' 0142 71115 0000 201.97 0142 71120 0000'96.62 0142 71160 0000 45.68 0142 72118 0000 201.97 0142 731 01 0000 96.62 0142 73102 0000 45.68 0142 73120 0000 201.97 0142 731 21 0000 154.48 0142 73122 0000 201.97 0142 73123 0000 201.97 0142 73125 0000 201.97 0142 741 01 0000 96.62 0142 74108 0000 201.97 10142 74122 0000 201.97 0142 75113 0000 101.97 0142 75133 0000 201.97 0142 76109 0000 183.10 0142 77123 0000 48.84 0142 78106 0000 98.84 0142 78109 0000 30.34 0142 78134 0000 201.97 0142 791010000 201.97 0142 802 04 0000 45.68 0142 802 09 0000 148.84 0142 802 16 0000 45.68 0142 802 18 0000 45.68 0142 802 210000 148.84 0142 802 26 0000 46.79 0142 802 27 0000 101.97 0142 802 28 0000 34.26 0142 802 34 0000 47.87 0142 802 56 0000 201.97 0142 802 57 0000 201.97 0142 802 63 0000 201.97 0143 012 45 0000 151.97 0143 02118 0000 53.13 0143 023 04 0000 201.97 0143 032 10 0000 201.97 0143 032 17 0000' 201.97 0143 032 18 0000 101.97 Page 23 of 82 19.a Packet Pg. 380 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 T 3 032 20 0000 40.86 0143 032 210000 198.48 0143 032 25 0000 54.98 0143 032 28 0000 201.97, 0143 032 33 0000 201.97 0143 032 42 0000 45.68 0143 033 10 0000 51.24 0143 033 16 0000 96.62 0143 033 27 0000 201.97 0143 033 32 0000 101.97 0143 033 33 0000 201.97 0143 033 39 0000 198.48 0143 033 43 0000 201.97 0143 041 01 0000 219.18 0143 04104 0000 201.97 0143 042 210000 149.90 0143 042 25 0000 213.39 0143 052 13 0000 46.62 0143 062 12 0000 101.97 0143 062 14 0000 201.97 0143 062 18 0000 112.17 0143 062 23 0000 148.84 0143 062 27 0000 34.26 0143 063 110000 96.62 0143 063 210000 36.62 0143 063 26 0000 201.97 0143 063 53 0000 201.97 0143 063 57 0000 600.05 0143 072 06 0000 148.84 0143 072 36 0000 96.62 0143 072 410000 302.35 0143 082 14 0000 98.97 0143 082 23 0000 154.84 0143 082 35 0000 119.53 0143 092 16 0000 201.97 0143 092 18 0000 101.97 0143 092 19 0000 201.97 0143 092 24 0000 201.97 0143 092 25 0000 45.68 0143 093 10 0000 101.97 0143 093 210000 201.97 Page 24 of 82 19.a Packet Pg. 381 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 f 0143 093 23 0000 154.84 0143 093 28 0000 201.97 0143 093 30 0000 201.97 0143 10107 0000 201.97 0143 10120 0000 201.97 0143 101 31 0000 156.29 0143 102 010000 316.57 0143 102 05 0000 114.39 0143 102 110000 148.84 0143 112 03 0000 52.22 0143 112 05 0000 201.97 0143 112 17 0000 201.97 0143 112 19 0000 201.97 0143 112 27 0000 201.97 0143 112 30 0000 43.65 0143 112 35 0000 120.41 0143 113 210000 182.72 0143 114 08 0000 45.68 0143 114 09 0000 151.97 0143 114 13 0000 201.97 0143 122 10 0000 130.56 0143 122 12 0000 111.92 0143 122 17 0000 41.78 0143 122 27 0000 201.97 0143 123 05 0000 97.56 0143 123 19 0000 201.97 0143 123 210000 45.68 0143 124 10 0000 51.53 0143 125 08 0000 77.41 0143 125 12 0000 201.97 0143 125 17 0000 48.84 0143 126 12 0000 102.12 0143 126 17 0000 156.57 0143 126 18 0000 93.04 0143 132 02 0000 45.68 0143 132 05 0000 316.57 0143 132 15 0000 201.97 0143 132 18 0000 201.97 0143 133 28 0000 45.68 0143 133 32 0000 201.97 0143 133 36 0000 67.76 Page 25 of 82 19.a Packet Pg. 382 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0143 133 43 0000 87.67 0143 134 08 0000 154.17 0143 134 23 0000 48.82 0143 142 010000 111.15 0143 144 010000 201.97 0143 144 02 0000 201.97 0143 144 06 0000 201.97 0143 144 09 0000 101.97 0143 144 17 0000 316.57 0143 145 06 0000 36.54 0143 145 12 0000 45.68 0143 18117 0000 101.97 0143 18135 0000 201.97 0143 18144 0000 201.97 0143 182 010000 201.97 0143 182 02 0000 45.68 0143 182 09 0000 130.83 0143 183 110000 201.97 0143 19140 0000 96.62 0143 20116 0000 101.97 0143 201 41 0000 101.97 0143 20155 0000 130.88 0143 21108 0000 26.53 0143 23104 0000 68.52 0143 23109 0000 27.41 0143 23110 0000 101.97 0143 23113 0000 120.47 0143 23118 0000 79.83 0143 232 02 0000 43.16 0143 232 03 0000 201.97 0143 232 06 0000 201.97 0143 232 07 0000 201.97 0143 26103 0000 101.97 0143 26105 0000 105.35 0143 26106 0000 96.62 0143 262 010000 101.97 0143 262 03 0000 201.97 0143 262 14 0000 119.46 0143 263 09 0000 201.97 0143 263 16 0000 48.30 0143 264 02 0000 201.97 Page 26 of 82 19.a Packet Pg. 383 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 177-7777WI-7, 1VA 0143 264 03 0000 102.58 0143 265 110000 45.68 0143 265 14 0000 28.17 0143 266 02 0000 148.84 0143 266 03 0000 201.97 0143 266 04 0000 67.76 0143 27116 0000 148.84 0143 27122 0000 101.97 0143 272 03 0000 201.97 0143 272 06 0000 151.97 0143 272 08 0000 45.68 0143 272 10 0000 108.84 0143 272 1S 0000 316.57 0143 272 19 0000 65.82 0143 272 22 0000 105.35 0143 273 010000 133.93 0143 28103 0000 201.97 0143 283 07 0000 47.98 0143 283 08 0000 201.97 0143 283 110000 136.97 0143 283 16 0000 141.97 0143 284 09 0000 154.84 0143 292 09 0000 145.97 0143 292 13 0000 70.26 0143 292 15 0000 201.97 0143 292 20 0000 51.97 0143 293 110000 50.94 0143 293 13 0000 201.97 0143 293 15 0000 27.83 0143 294 04 0000 201.97 0143 294 08 0000 96.62 0143 294 12 0000 96.62 0143 295 17 0000 45.68 0143 295 26 0000 201.97 0143 301 01 0000 78.84 0143 30107 0000 201.97 0143 30108 0000 201.97 0143 30110 0000 201.97 0143 302 05 0000 50.94 0143 302 06 0000 25.12 0143 302 20 0000 112.19 Page 27 of 82 19.a Packet Pg. 384 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries,Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 0143 303 010000 45.68 0143 303 07 0000 201.97, 0143 305 07 0000 201.97 0143 305 19 0000 201.97 0143 311 01 0000 201.97 0143 31118 0000 68.52 0143 31122 0000 201.97 0143 31125 0000 101.97 0143 31126 0000 148.84 0143 31127 0000 49.54 0143 312 010000 155.02 0143 312 02 0000 67.76 0143 312 06 0000 201.97 0143 312 08 0000 45.64 0143 33102 0000 106.29 0143 33119 0000 201.97 0143 33120 0000 201.97 0143 33124 0000 115.69 0143 33125 0000 201.97 0143 33136 0000 96.62 0143 332 20 0000 52.27 0143 34104 0000 201.97' 0143 34108 0000 182.72 0143 342 04 0000 45.68 0143 342 110000 201.97 0143 342 20 0000 201.97 0143 342 29 0000 201.97 0143 342 32 0000 80.32 0143 35105 0000 156.29 0143 352 16 0000 101.97 0143 353 06 0000 74.84 0143 353 08 0000 101.97 0143 353 09 0000 96.62 0143 353 17 0000 45.68 0143 353 20 0000 201.97 0143 354 06 0000 101.97 0143 354 110000 201.97 0143 354 12 0000 76.13 0143 354 14 0000 130.12 0143 36103 0000 41.97' 0143 36112 0000 201.97' Page 28 of 82 19.a Packet Pg. 385 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 0143 36116 0000 45.68 0143 36120 0000 96.62 0143 37107 0000 45.68 0143 37118 0000 316.57 0143 37119 0000 201.97 0143 372 07 0000 201.97 0143 372 13 0000 51.97 0143 372 14 0000 45.68' 0143 38102 0000 99.90 0143 383 05 0000 101.97 0143 40112 0000 45.52 0143 40114 0000 201.97 0143 402 06 0000 96.62 0143 402 08 0000 129.90 0143 404 05 0000 201.97 0143 404 10 0000 45.99 0144 011 22 0000 119.18 0144 032 310000 446.34 0144 05113 0000 201.21 0144 05114 0000 88.84 0144 06119 0000 148.84 0144 06129 0000 77.66 0144 06142 0000 45.68 0144 07108 0000 132.47 0144 07120 0000 201.97 0144 071 31 0000 201.97 0144 07133 0000 316.57 0144 07135 0000 45.68 0144 07148 0000 63.19 0144 07149 0000 101.97 0144 07152 0000 45.68 0144 072 09 0000 233.28 0144 08103 0000 187.98 0144 082 05 0000 201.97 0144 082 32 0000 148.84 0144 082 33 0000 316.57 0144 09105 0000 96.62 0144 11103 0000 45.68 0144 111 04 0000 96.62 0144 11105 0000 119.06 0144 112 06 0000 96.62 Page 29 of 82 19.a Packet Pg. 386 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 10144 113 06 0000 207.30 0144 121 01 0000,64.08 0144 12105 0000 51.97 0144 121210000 53.13, 0144 12122 0000 201.97 0144 123 10 0000 52.22 0144 123 27 0000 201.97 0144 123 38 0000 45.68 0144 13122 0000 201.97 0144 13132 0000 96.62 0144 15103 0000 144.80 0144 15110 0000 52.24 0144 15116 0000 201.97 0144 15119 0000 201.97 0144 152 06 0000 201.97 0144 152 07 0000 201.97 0144 153 10 0000 45.68 0144 153 14 0000 201.97 0144 16113 0000 36.62 0144 17105 0000 126.97 0144 17117 0000 201.971 0144 17120 0000 201.97' 0144 172 09 0000 31.23'' 0144 172 12 0000 198.48`` 0144 172 18 0000 201.97 0144 172 22 0000 201.97 0144 172 23 0000 101.97 0144 173 04 0000 201.97 0144 173 05 0000 121.97 0144 173 10 0000 316.57 0144 173 18 0000 45.94 0144 174 03 0000 45.68 10144 174 04 0000 201.97 0144 18107 0000 143.90 0144 18116 0000 51.01' 0144 182 02 0000 51.97 0144 182 06 0000 148.84 0144 182 16 0000 201.97', 0144 183 05 0000 201.97 0144 184 010000. 105.35 0144 184 04 0000 154.84 Page 30 of 82 19.a Packet Pg. 387 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 a 0144 184 14 0000 146.15 0144 191 11 0000 97.06 0144 19145 0000 286.57 0144 192 110000 201.97 0144 193 07 0000 201.97 0144 193 110000 41.33 0144 193 14 0000 45.68 0144 20115 0000 201.97 0144 20116 0000 45.68 0144 20134 0000 48.84 0144 202 08 0000 91.07 0144 202 33 0000 100.00 0144 202135 0000 201.97 0144 202 410000 201.97 0144 202 43 0000 71.14 0144 21115 0000 50.94 0144 21122 0000 201.97 0144 21124 0000 201.97 0144 21143 0000 51.97 0144 21148 0000 198.48' 0144 212 07 0000 144.19 0144 212 13 0000 48.84 0144 212 17 0000 151.97 0144 212 210000 45.68 0144 213 07 0000 201.97 0144 213 16 0000 196.92 0144 213 20 0000 96.62' 0144 22102 0000 45.68 0144 22105 0000 154.84 0144 22129 0000 201.97 0144 22133 0000 201.97' 0144 222 36 0000 316.57 0145 01114 0000 191.40 0145 01115 0000 48.56 0145 012 18 0000 91.36 0145 014 03 0000 201.97 0145 014 16 0000 151.22 0145 014 22 0000 201.97 0145 021 01 0000 57. 10 0145 022 18 0000 201.97 0145 03107 0000 45.68 Page 31 of 82 19.a Packet Pg. 388 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 0145 03112 0000 119.18, 0145 032 17 0000; 201.97 0145 033 05 0000! 201.97 0145 033 26 0000 119. 18j' 0145 041 11 0000 201.97 0145 04114 0000' 316.57 0145 04115 0000' 201.97 0145 042 03 0000 97.83 0145 042 04 0000 104.48 0145 042 05 0000 81.97 0145 042 07 0000 201.97 0145 042 08 0000 201.97 0145 042 10 0000 431.17 0.145 042 14 0000 105.35 0145 042 18 0000 45.68 0145 042 25 0000 201.97 0145 043 04 0000 201.97 0145 043 05 0000 45.68 0145 043 06 0000 45.68 0145 044 010000 99.22 0145 044 03 0000 201.97 10145 044 05 0000 119.46'' 0145 044 09 0000 151.97 0145 044 16 0000 48.84 0145 044 210000 38.07' 0145 05103 0000 142.30 0145 05109 0000 201.97'; 0145 05127 0000 50.94 0145 054 13 0000 45.68 0145 06102 0000 95.07 0145 06107 0000. 147.55 0145 06127 0000 148.84 0145 062 14 0000 51.49' 0145 063 02 0000 84.73 0145 07113 0000 201.97 0145 07116 0000 119.46 0145 07120 0000 212.83 0145 072 08 0000 45.68 0145 072 09 0000 201.97 0145 072 14 0000 182.72 0145 072 18 0000 101.97 Page 32 of 82 19.a Packet Pg. 389 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0145 073 04 0000 201.97 0145 073 07 0000 25.00 0145 073 110000 148.84 0145 073 15 0000 96.62 0145 073 16 0000 110.61 0145 074 06 0000 201.97 0145 074 09 0000 100.97 0145 074 10 0000 184.26 0145 074 23 0000 142.30 0145 09107 0000 316.57 0145 09112 0000 399.70 0145 09114 0000 231.27 0145 09117 0000 161.95 0145 09118 0000 201.97 0145 10102 0000 180.65 0145 10104 0000 45.68 0145 10105 0000 125.83 0145 10107 0000 101.97 0145 10117 0000 96.62 0145 103 04 0000 182.72 0145 103 06 0000 201.97 0145 103 15 0000 34.26 0145 103 19 0000 45.68 0145 103 310000 148.84 0145 12109 0000 45.68 0145 122 14 0000 236.23 0145 122 210000 66.57 0145 122 23 0000 403.94 0145 123 110000 403.96 0145 124 18 0000 201.97 0145 124 25 0000 305.93 0145 124 27 0000 119.18 0145 13108 0000 96.62 0145 132 09 0000 201.97 0145 14114 0000 96.62 0145 142 02 0000 48.05 0145 143 310000 52.15 0145 16108 0000 300.44 0145 163 04 0000 45.68 0145 163 13 0000 45.68 0145 163 17 0000 201.97 Page 33 of 82 19.a Packet Pg. 390 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0145 164 08 0000 316.57 0145 164 110000 201.97 0145 164 12 0000 201.97 0145 164 22 0000 201.97 0145 17104 0000 45.68 0145 17108 0000 201.97 0145 17117 0000 96.62 0145 17125 0000 253.74 0145 172 13 0000 403.96 0145 172 15 0000 201.97 0145 172 25 0000 51.68 0145 173 15 0000 149.90 0145 173 18 0000 201.97 0145 174 10 0000 201.97 0145 174 18 0000 219.18 0145 174 19 0000 174.58 0145 174 20 0000 198.48 0145 182 05 0000 72. 10 0145 182 09 0000 146.97 0145 182 10 0000 146.18 0145 182 18 0000 103.45 0145 183 17 0000 201.97 0145 183 22 0000 201.97 0145 19102 0000 96.62 0145 192 30 0000 201.97 0145 193 18 0000 66.97 0145 20108 0000 198.48 0145 20115 0000 201.97 0145 20125 0000 159.32 0145 20127 0000 201.97 0145 201 31 0000 201.97 0145 20140 0000 156.29 0145 202 03 0000 97.92 0145 203 03 0000 101.97 0145 203 08 0000 116.29 0145 203 33 0000 45.68 0145 21117 0000 88.84 0145 21143 0000 45.68 0145 21150 0000 47.62 0145 212 03 0000 518.55 0145 212 12 0000 45.68 Page 34 of 82 19.a Packet Pg. 391 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0145 212 39 0000 283.36 0145 213 08 0000 51.97 0145 213 17 0000 201.97 0145 213 19 0000 47.07 0145 213 34 0000 175.49 0145 23105 0000 133.28 0145 23116 0000 245.21 0145 232 110000 201.97 0145 232 13 0000 45.36 0145 232 17 0000 130.12 0145 232 25 0000 201.97 0145 232 35 0000 201.97 0145 233 08 0000 201.97 0145 242 28 0000 148.84 0146 01122 0000 40.39 0146 013 18 0000 201.97 0146 013 19 0000 39.36 0146 02124 0000 177.94 0146 02125 0000 193.23 0146 022 010000 50.94 0146 022 25 0000 130.91 0146 022 27 0000 119.18 0146 023 010000 201.97 0146 023 06 0000 201.97 0146 023 26 0000 45.68 0146 023 28 0000 50.94 0146 023 29 0000 104.23 0146 03119 0000 50.94 0146 03120 0000 45.68 0146 031 21 0000 52.37 0146 032 02 0000 190.29 0146 04102 0000 151.22 0146 042 06 0000 201.97 0146 043 05 0000 101.97 0146 044 07 0000 154.84 0146 045 06 0000 4997 0146 045 18 0000 45.68 0146 045 19 0000 110.61 0146 045 210000 42.30 0146 046 06 0000 154.84 0146 046 12 0000 148.84 Page 35 of 82 19.a Packet Pg. 392 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0146 046 13 0000 45.68 0146 046 22 0000 154.86 0146 046 23 0000 45.68 0146 046 24 0000 159.67 0146 05114 0000 139.25 0146 052 10 0000 201.97 0146 052 13 0000 145.97 0146 052 15 0000 51.97 0146 053 03 0000 154.84 0146 053 14 0000 316.57 0146 06109 0000 45.68 0146 06114 0000 148.84 0146 06116 0000 45.68 0146 06122 0000 201.97 0146 06124 0000 45.68 0146 062 010000 201.97 0146 062 03 0000 201.97 0146 062 08 0000 133.45 0146 062 12 0000 201.97 0146 062 17 0000 148.84 0146 062 24 0000 201.97 0146 07108 0000 201.97 0146 072 10 0000 103.63 0146 072 18 0000 201.97 0146 072 20 0000 201.97 0146 073 09 0000 201.97 0146 073 13 0000 105.35 0146 074 210000 201.97 0146 074 22 0000 101.97 0146 076 04 0000 149.90 0146 077 02 0000 97.66 0146 077 08 0000 56.34 0146 078 010000 201.97 0146 08114 0000 201.97 0146 082 05 0000 148.84 0146 082 06 0000 201.97 0146 082 07 0000 31.29 0146 083 05 0000 50.09 0146 083 08 0000 96.62 0146 083 09 0000 96.62 0146 084 02 0000 201.97 Page 36 of 82 19.a Packet Pg. 393 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0146 084 04 0000 201.97 0146 084 13 0000 201.97 0146 084 16 0000 201.97 0146 085 110000 201.97 0146 10108 0000 201.97 0146 10109 0000 149.90 0146 102 05 0000 201.97 0146 102 08 0000 201.97 0146 102 110000 23.14 0146 103 010000 201.97 0146 104 03 0000 201.97 0146 104 05 0000 119.46 0146 104 14 0000 55.35 0146 131 11 0000 51.53 0146 132 04 0000 51.68 0146 132 110000 71.60 0146 133 010000 302.35 0146 133 16 0000 45.68 0146 133 17 0000 201.97 0146 133 19 0000 156.29 0146 133 22 0000 201.97 0146 133 40 0000 268.34 0146 133 50 0000 50.94 0146 133 54 0000 93.34 0146 133 55 0000 45.68 0146 14139 0000' 316.57 0146 14147 0000 201.97 0146 142 110000 302.87 0146 142 16 0000 101.97 0146 143 03 0000 403.96 0146 143 06 0000 139.97 0146 15114 0000 51.97 0146 152 04 0000 45.68 0146 152 08 0000' 316.57 0146 152 23 0000'74.55 0146 16108 0000' 201.97 0146 161 11 0000 31.02 0146 16118 0000 45.68 0146 162 12 0000 219.18 0146 162 13 0000 47.08 0146 162 14 0000 45.68 Page 37 of 82 19.a Packet Pg. 394 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0146 162 22 0000 143.20 0146 163 16 0000 403.96 0146 163 310000 137.04 0146 163 33 0000 201.97 0146 163 36 0000 201.97 0146 171 11 0000 96.62 0146 17113 0000 47.87 0146 17123 0000 201.97 0146 172 05 0000 52. 37 0146 172 08 0000 45.68 0146 172 10 0000 201.97 0146 172 19 0000 101.97 0146 18108 0000 101.97 0146 18110 0000 201.97 0146 182 10 0000 331.17 0146 182 110000 50.94 0146 182 24 0000 182.72 0146 182 25 0000 109.85 0146 183 02 0000 45.68 0146 183 07 0000 98.97 0146 183 14 0000 201.97 0146 183 26 0000 446.34 0146 192 04 0000 316.57 0146 192 14 0000 403.96 0146 193 09 0000 50.94 0146 193 23 0000 316.57 0146 193 24 0000 91.36 0146 20102 0000 201.97. 0146 20109 0000 201.97 0146 201 11 0000 201.97 0146 20113 0000 403.96 0146 202 13 0000 50.13 0146 211 11 0000 196.64 0146 21112 0000 228.78 0146 213 10 0000 201.97 0146 213 12 0000 45.68 0146 222 05 0000 201.97 0146 222 22 0000 137.04 0146 223 07 0000 149.90 0146 23103 0000 803.65 0146 23104 0000 174.58 Page 38 of 82 19.a Packet Pg. 395 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016- November 30th,2016 Preliminary Parcel List as of 2-21-17 0146 23107 0000 201.97 0146 23113 0000 50.59 0146 23119 0000 201.97! 0146 23120 0000' 316.57 0146 232 04 0000 201.97 0146 232 13 0000 98.84! 0146 233 09 0000 98.82 0146 233 13 0000 100.13 0146 24104 0000 201.97 0146 24106 0000 101.95 0146 242 08 0000 101.97 0147 022 06 0000 201.97 0147 022 08 0000 46.97 0147 023 06 0000 197.55 0147 023 14 0000 68.38 0147 023 15 0000 45.68 0147 023 17 0000 160.26 0147 024 04 0000 201.97. 0147 025 23 0000 45.68 0147 025 25 0000 201.97 0147 025 32 0000 86.39 0147 025 34 0000 96.62 0147 026 05 0000 53.13 0147 04117 0000 151.97 0147 04124 0000 201.97 0147 04127 0000 25.27 0147 04136 0000 96.62 0147 042 08 0000 200.28 0147 042 45 0000 201.97 0147 05106 0000 288.93 0147 052 25 0000 49.90' 0147 053 02 0000 93.04, 0147 053 09 0000 151.43] 0147 054 12 0000 201.97; 0147 055 03 0000 148.84 0147 055 13 0000 40.35''' 0147 055 20 0000 201.97, 0147 055 25 0000 50.00 0147 055 26 0000 42.30 0147 056 04 0000 201.97 0147 056 08 0000 201.97 Page 39 of 82 19.a Packet Pg. 396 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0147 056 16 0000 201.97 0147 056 310000 96.62 0147 06107 0000 201.97 0147 06120 0000 184.46 0147 06135 0000 48.84' 0147 062 29 0000 149.12 0147 07102 0000 189.03 0147 07103 0000 45.68 0147 07107 0000 45.68 0147 07117 0000 201.97 0147 072 09 0000 158.97 0147 072 15 0000 97.21 0147 073 09 0000 96.62 0147 073 18 0000 45.68 0147 09127 0000 51.89 0147 10107 0000 201.97 0147 10113 0000 201.97 0147 10122 0000 201.97 0147 10124 0000 201.97 0147 10134 0000 201.97 0147 102 07 0000 45.68 0147 102 15 0000 201.97 0147 102 16 0000'53.13 0147 103 010000 201.97 0147 103 05 0000 106.97 0147 103 17 0000 196.57 0147 104 02 0000 179.13 0147 104 03 0000 201.97 0147 104 15 0000 148.84 0147 105 110000 201.97 0147 11113 0000 100.48 0147 11114 0000 38.14 0147 112 06 0000 45.97 0147 112 10 0000 99.97 0147 112 210000 201.97 0147 113 05 0000 100.13 0147 113 17 0000 201.97 0147 113 23 0000 196.87 0147 114 03 0000 45.68 0147 114 09 0000 156.29 0147 114 15 0000 50.90 Page 40 of 82 19.a Packet Pg. 397 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0147 122 010000 50.94 0147 13115 0000 201.97 0147 131 21 0000 316.57 0147 131 41 0000 101.97 0147 133 110000 148.73 0147 133 13 0000 116.57 0147 133 14 0000 201.97 0147 134 03 0000 51.53 0147 134 06 0000 201.97 0147 134 12 0000 220.24 0147 14103 0000 49.35 0147 14108 0000 201.97 0147 14112 0000 114.20 0147 14118 0000 201.97 0147 14119 0000 201.97 0147 141 21 0000 201.97 0147 14122 0000 201.97 0147 142 09 0000 51.97 0147 142 13 0000 45.68 0147 142 17 0000 201.97 0147 143 04 0000 154.84 0147 143 14 0000 201.97 0147 143 24 0000 201.97 0147 143 28 0000 201.97 0147 144 02 0000 189.19 0147 144 06 0000 45.68 0147 144 310000 148.84 0147 171 01 0000 201.97 0147 17110 0000 126.97 0147 17122 0000 148.84 0147 17126 0000 201.97 0147 17128 0000 31.62 0147 17129 0000 68.52' 0147 171 41 0000 201.97 0147 172 03 0000 50.85' 0147 174 03 0000 96.62 0147 174 17 0000 148.84 0147 174 20 0000 182.72 0147 174 210000 201.97 0147 175 33 0000 201.97 0147 176 08 0000 201.97 Page 41 of 82 19.a Packet Pg. 398 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0147 176 28 0000 94.52 0147 18106 0000 46.00 0147 22105 0000 208.36 0147 222 010000 296.53 0147 222 05 0000 201.97 0147 222 17 0000 45.68 0147 223 02 0000 90.28 0147 223 23 0000 45.68 0147 224 09 0000 100.00 0147 231 01 0000 45.68 0147 23105 0000 455.93 0147 232 07 0000 116.57 0147 232 19 0000 390.01 0147 233 03 0000 50.94 0148 03105 0000 81.97 0148 03110 0000 101.97 0148 032 32 0000 201.97 0148 033 17 0000 201.97 0148 041 11 0000 48.82 0148 052 17 0000 100.84 0148 06108 0000 96.62 0148 06114 0000 182.72 0148 062 02 0000 53.13 0148 062 08 0000' 266.57 0148 062 09 0000 45.68 0148 063 07 0000 45.68 0148 063 14 0000 201.97 0148 067 07 0000 96.62 0148 067 08 0000 201.97 0148 067 10 0000 201.97 0148 07103 0000 50.13 0148 072 02 0000 45.68 0148 072 07 0000 201.97 0148 072 16 0000 201.97 0148 072 17 0000 216.93 0148 08115 0000 302.35 0148 082 14 0000 201.97 0148 082 17 0000 201.97 0148 082 20 0000 74.84 0148 092 05 0000 201.97' 0148 092 19 0000 98.99 Page 42 of 82 19.a Packet Pg. 399 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries,Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0148 092 30 0000 201.97 0148 10115 0000 96.62 0148 102 09 0000 154.84 0148 102 110000 45.68 0148 102 19 0000 148.84 10148 11109 0000 154.84 0148 11112 0000 201.97 0148 11115 0000 201.97 0148 112 02 0000 51.97 0148 141 01 0000 68.52 0148 14102 0000 201.97 0148 14134 0000 45.68 0148 142 20 0000 51.97 0148 142 23 0000 201.97 0148 142 27 0000 182.72 0148 142 29 0000 53.13 0148 142 32 0000 201.97 0148 142 38 0000 201.97 0148 15103 0000 49.19 0148 15105 0000 46.78 0148 15109 0000 201.97 0148 15110 0000 201.97 0148 15125 0000 45.68 0148 152 06 0000 45.68 0148 152 08 0000 201.97 0148 152 09 0000 45.68 0148 16115 0000 385.94 0148 162 12 0000 201.97 0148 162 13 0000 403.94 0148 163 07 0000 201.97 0148 164 13 0000 45.68 0148 201 11 0000 102.47 0148 20134 0000 45.68 0148 202 02 0000 242.23 0148 202 04 0000 201.97 0148 202 16 0000 51.84 0148 202 17 0000 101.97 0148 202 24 0000 35.02 0148 202 39 0000 201.97 0148 22117 0000 130.88 0148 22130 0000 51.68 Page 43 of 82 19.a Packet Pg. 400 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries,Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0148 222 05 0000` 46.62 0148 222 14 0000 101.97 0148 222 30 0000 201.97 0148 231 01 0000 45.68 0148 231 13 0000 166.26' 0148 23116 0000 201.97 0148 23120 0000 149.77 0148 232 010000 201.97 0148 232 04 0000 177.01 0148 232 09 0000 45.68 0148 232 14 0000 201.97 0148 233 06 0000 45.68 0148 233 10 0000 201.97 0148 234 02 0000 154.84' 0148 234 05 0000 201.97 0148 234 110000 201.97' 0148 234 19 0000 25.12 0148 234 22 0000 51.11 0148 234 25 0000 44.84 0148 235 13 0000 49.09 0148 235 17 0000 40.13 0148 241 01 0000 43.04 0148 24105 0000 201.97 0148 242 19 0000 201.97 0148 242 210000 201.97 0148 25116 0000 101.97 0148 25125 0000 53.13 0148 25129 0000 151.97 0148 25132 0000 101.97 0148 252 12 0000 201.97 0148 252 14 0000 180.71 0148 252 17 0000 201.97 0148 252 19 0000 104.24 0148 252 40 0000 96.62 0148 253 08 0000 201.97' 0148 262 010000 95.64 0148 262 06 0000 96.62 0148 263 06 0000 201.97 0148 264 03 0000 96.62 0148 272 010000 80.40 0148 272 03 0000 201.97 Page 44 of 82 19.a Packet Pg. 401 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 TMR72 14 0000 45.68 0148 273 010000 316.57 0148 274 05 0000 101.97 0148 276 08 0000 201.97 0148 28105 0000 233.28 0148 28113 0000 201.97 0148 28115 0000 119.46 0148 284 110000 101.97 0148 312 14 0000 201.97 0148 312 23 0000 45.68 0148 313 10 0000 201.97 0148 313 13 0000 115.31 0148 313 24 0000 43.49 0148 323 08 0000 51.97 0148 33110 0000 52. 22 0148 33113 0000 154.84 0148 33128 0000 47.58 0148 35136 0000 201.97 0149 012 02 0000 201.97 0149 014 20 0000 52. 22 0149 014 24 0000 201.97 0149 02116 0000 201.97 0149 02117 0000 51.02 0149 033 82 0000 201.97 0149 04108 0000 96.62 0149 042 08 0000 201.97 0149 051 01 0000 242.32 0149 05103 0000 45.68 0149 05114 0000 101.97 0149 053 10 0000 101.97 0149 072 110000 384.57 0149 072 53 0000 201.97 0149 072 62 0000 201.97 0149 072 64 0000 201.97 0149 072 66 0000 50.94 0149 072 68 0000 201.97 0149 072 69 0000 201.97 0149 073 04 0000 47.20 0149 073 14 0000 76.97 0149 073 16 0000 45.68 0149 073 18 0000 45.68 Page 45 of 82 19.a Packet Pg. 402 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 7 0149 073 30 0000 64.82 0149 073 54 0000 201.97 0149 082 06 0000 77.00 0149 082 10 0000 201.97 0149 083 19 0000 45.68 0149 083 20 0000 201.97 0149 084 210000 85.54 0149 09107 0000 151.97 0149 09108 0000 201.97 0149 092 10 0000 201.97 0149 093 04 0000 201.97 0149 094 22 0000 50.94 0149 094 24 0000 201.97 0149 094 30 0000 201.97 0149 094 32 0000 48.84 0149 10110 0000 40.35 0149 102 07 0000' 201.97 0149 102 19 0000 45.68 0149 11104 0000 201.97 0149 11115 0000 201.97 0149 112 08 0000 201.97 0149 113 010000 201.97 0149 113 02 0000 148.84 0149 113 13 0000 201.97 0149 116 07 0000 53.13 0149 116 110000 46.62 0149 116 29 0000' 123.84 0149 116 33 0000 101.97 0149 12108 0000 201.97 0149 12120 0000 466.02 0149 12130 0000 201.97 0149 123 12 0000 201.97 0149 124 08 0000 101.97 0149 133 02 0000 96.62 0149 134 06 0000 201.97 0149 135 03 0000 201.97 0149 136 04 0000 151.21' 0149 136 12 0000 316.57 0149 142 18 0000 96.62 0149 142 26 0000 201.97 0149 143 03 0000 201.97 Page 46 of 82 19.a Packet Pg. 403 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016- November 30th, 2016 Preliminary Parcel List as of 2-21-17 0149 143 15 0000 46.62 0149 154 09 0000 201.21 0149 154 13 0000 201.97 0149 16110 0000 201.97 0149 16118 0000 96.62 0149 162 03 0000 45.68 0149 162 05 0000 182.72 0149 162 07 0000 25.13 0149 174 07 0000 151.97 0149 174 16 0000 201.97 0149 174 24 0000 156.29 0149 175 02 0000 201.97 0149 18112 0000 151.46 0149 182 12 0000 316.57 0149 182 13 0000 316.57 0149 19106 0000 45.68 0149 192 110000 201.97 0149 192 15 0000 201.97 0149 211 21 0000 201.97 0149 212 09 0000 201.97 0149 212 110000 198.48 0149 212 15 0000 201.97 0149 212 20 0000 145.41 0149 212 24 0000 53.13 0149 222 16 0000 238.36 0149 222 17 0000 119.18 0150 012 02 0000 201.97 0150 012 110000 58.22 0150 025 04 0000 148.84 0150 025 05 0000 148.84 0150 025 210000 45.54 0150 03118 0000 90.73 0150 03125 0000 77.42 0150 032 010000 156.29] 0150 042 08 0000 45.68 0150 051 01 0000 39.59 0150 05114 0000 84.02 0150 052 010000 201.97 0150 052 04 0000 96.62 0150 052 17 0000 201.97 0150 053 07 0000 66.57 Page 47 of 82 19.a Packet Pg. 404 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 111116" M 0150 053 08 0000 201.97 0150 054 010000 201.97 0150 054 02 0000 28.93 0150 054 13 0000 100.00 0150 054 15 0000 45.68 0150 054 17 0000 201.97 0150 054 20 0000 41.97 0150 06108 0000 148.84 0150 062 08 0000 201.97 0150 074 10 0000 201.97 0150 083 07 0000 99.67 0150 092 22 0000 201.97 0150 10122 0000 96.62 0150 102 04 0000 45.68 0150 102 05 0000 45.68 0150 103 12 0000 148.84 0150 112 02 0000 201.97 0150 122 18 0000 45.68 0150 13108 0000 105.06 0150 13110 0000 86.09' 0150 132 20 0000 201.97 0150 134 08 0000 201.97 0150 134 20 0000 40.35 0150 14119 0000 201.97 0150 142 010000 201.97 0150 142 16 0000 50.00 0150 15109 0000 201.97 0150 152 110000 201.97 0150 154 04 0000 201.97 0150 17103 0000 104.00 0150 17118 0000 101.97 0150 172 07 0000 201.97 0150 181 11 0000 283.21' 0150 18126 0000 45.68', 0150 182 12 0000 316.57 0150 19106 0000 201.97 0150 192 05 0000 201.97 0150 192 12 0000 81.97 0150 192 15 0000 45.68 0150 20110 0000 69.61 0150 21124 0000 201.97 Page 48 of 82 19.a Packet Pg. 405 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0150 21130 0000 201.97 0150 21146 0000 51.22 0150 21156 0000 45.68 0150 22103 0000 92.84 0150 22105 0000 45.68 0150 22108 0000 68.52 0150 22135 0000 96.62 0150 22137 0000 403.96 0150 22138 0000 201.97 0150 221 41 0000 201.97 0150 22146 0000 102.62 0150 22152 0000 39.94 0150 22154 0000 96.69 0150 22159 0000 201.97 0150 221 71 0000 101.95 0150 24106 0000 57.10 0150 24153 0000 151.83 0150 24157 0000 101.97 0150 25105 0000 201.97 0150 25106 0000 96.62 0150 25116 0000 116.48 0150 26114 0000 201.97 0150 26130 0000 685.01 0150 26155 0000 340.20 0150 27105 0000 190.49 0150 27124 0000 165.02 0150 27134 0000 198.48 0150 27135 0000 201.97 0150 27138 0000 148.84 0150 272 05 0000 91.36 0150 272 44 0000 201.97 0150 292 02 0000 45.68 0150 293 08 0000 242.32 0150 293 12 0000 45.68 0150 293 13 0000 96.62 0150 301 11 0000 206.92 0150 302 110000 71.00 0150 302 14 0000 201.97 0150 313 03 0000 201.97 0150 313 05 0000 101.97 0150 323 010000 132.89 Page 49 of 82 19.a Packet Pg. 406 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0150 33112 0000 148.08 0150 33114 0000 148.84 0150 332 010000 162.99 0150 332 15 0000 201.97 0150 34103 0000 67.76 0150 34118 0000 201.97 0150 34119 0000 45.68 0150 342 210000 201.97 0150 342 33 0000 183.10 0150 342 36 0000 151.97 0150 342 37 0000 45.51 0150 343 06 0000 201.97 0150 343 19 0000 201.97 0150 352 08 0000 148.97 0150 352 10 0000 201.97 0150 352 12 0000 45.68 0150 352 17 0000 316.57 0150 352 28 0000 101.97 0150 362 010000 68.52 0150 363 010000 201.97 0150 363 07 0000 201.97 0150 363 28 0000 133.53 0150 37110 0000 100.00 0150 371 11 0000 148.84 0150 373 110000 240.44 0150 373 14 0000 201.97 0150 382 08 0000 100.00 0150 382 10 0000 45.68 0150 382 27 0000 105.35 0150 391 11 0000 215.73 0150 412 05 0000 50.62 0150 43105 0000 154.86 0150 43108 0000 201.97 0150 433 04 0000 82.09 0150 433 08 0000 193.12 0151 031 18 0000 201.97 0151052 04 0000 78.47 0151 053 010000 132.47 0151 053 16 0000 90.21' 0151 063 03 0000 201.97' 0151 063 15 0000 201.97 Page 50 of 82 19.a Packet Pg. 407 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0151 063 21 0000 M $ 154.84 015107115 0000 201.97 0151 081 31 0000 45.68 015108149 0000 55.92 015110102 0000 103.90 0151103 10 0000 45.68 0151 111 19 0000 100.00 0151 111 28 0000 147.10 0151 111 29 0000 201.97 0151 121 02 0000 34.40 0151 121 07 0000 201.97 i 0151122 16 0000 96.62 0151 123 02 0000 42.36 0151 123 03 0000 201.97 0151 131 05 0000 155.02 0151 131 07 0000 226.40 0151 132 02 0000 24.36 0151 141 04 0000 155.53 0151 143 09 0000 45.68 0151 143 110000 201.97 0151 143 17 0000 91.74 0151 144 15 0000 40.35 0151 144 20 0000 50.94 0151 153 13 0000 45.89 0151 153 53 0000 38.75 0151 173 02 0000 50.94 0151 174 110000 92.12 0151 181 21 0000 79.83 0151 181 23 0000 201.97 0151 321 04 0000 148.84 0151 32106 0000 46.62 0151 321 08 0000 45.68 0151 351 07 0000 201.97 0151 361 13 0000 97.18 0151 36130 0000 105.35 0151 382 19 0000 201.97 0151 411 13 0000 106.67 0152 011 06 0000 45.00 0152 011 23 0000 47.84 0152 011 38 0000 96.62 0152 011 40 0000 201.97 Page 51 of 82 19.a Packet Pg. 408 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0152 0M25 0 6=00 350.96 0152 022 39 0000 316.57 0152 023 02 0000 28.10 0152 023 06 0000 36.54 0152 023 36 0000 201.97 0152 024 13 0000 201.97 0152 024 24 0000 45.68 0152 03107 0000 201.97 0152 032 20 0000 201.97 0152 034 16 0000 39.52 0152 035 24 0000 201.97 0152 036 03 0000 71.60 0152 036 10 0000 165.14 0152 036 16 0000 201.97 0152 036 20 0000 148.84 0152 036 28 0000 84.92 0152 04125 0000 96.62 0152 05120 0000 151.97 0152 05144 0000 154.84 0152 05146 0000 99.90 0152 052 16 0000 231.05 0152 053 13 0000 45.68 0152 063 09 0000 98.03 0152 063 19 0000 56.34 0152 064 10 0000 45.68 0152 064 18 0000 101.97 0152 07103 0000 201.97 0152 07107 0000 45.68 0152 071 21 0000 201.97 0152 073 17 0000 45.68 0152 073 19 0000 34.26 0152 08106 0000 201.97 0152 081 11 0000 29.19 0152 08113 0000 101.97 0152 082 16 0000 193.60 0152 084 16 0000 98.84 0152 084 18 0000 201.97 0152 084 19 0000 191.35 0152 09113 0000 201.97 0152 092 07 0000 96.62 0152 093 10 0000 151.97 Page 52 of 82 19.a Packet Pg. 409 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0152 094 02 0000 110.39 0152 094 19 0000 52.36 0152 094 210000 36.98 0152 10113 0000 201.97 0152 102 18 0000 131.97 0152 103 14 0000 32.74 0152 103 16 0000 154.84 0152 103 19 0000 201.97 0152 11106 0000 45.68 0152 11110 0000 81.97 0152 112 08 0000 73.84 0152 112 12 0000 45.68 0152 113 19 0000 45.68 0152 122 02 0000 201.97 0152 122 14 0000 201.97 0152 13104 0000 201.97 0152 13106 0000 45.68 0152 131 11 0000 201.97 0152 133 05 0000 45.68 0152 133 22 0000 77.42 0152 142 03 0000 51.22 0152 143 07 0000 63.95 0152 143 16 0000 46.38 0152 143 18 0000 201.97 0152 15117 0000 95.98 0152 152 14 0000 64.20 0152 152 15 0000 154.84 0152 154 03 0000 201.97 0152 154 110000 96.62 0152 163 06 0000 201.97 0152 163 15 0000 201.97 0152 172 15 0000 302.35 0152 18103 0000 45.68 0152 18109 0000 81.97 0152 182 05 0000 201.97 0152 182 22 0000 45.68 0152 183 02 0000 201.97 0152 184 02 0000 148.84 0152 184 07 0000 201.97 0152 184 09 0000 402.71 0152 184 17 0000 57.10 Page 53 of 82 19.a Packet Pg. 410 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period: April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0152 191 01 0000 45.68 0152 19122 0000 121.97 0152 192 08 0000 79.83 0152 192 22 0000 201.97,, 0152 192 410000 201.97' 0152 192 42 0000 116.41 0152 193 18 0000 91.97 0152 20122 0000 99.97 0152 203 13 0000 201.97 0152 203 17 0000 45.68 0152 21108 0000 52.24 0152 21109 0000 96.62 0152 212 06 0000 201.97 0152 212 10 0000 148.08 0152 213 05 0000 201.97 0152 213 08 0000 96.62 0152 214 110000 96.62 0152 214 22 0000 274.82 0153 01136 0000 45.68 0153 012 12 0000 201.97 0153 013 06 0000 243.38 0153 014 03 0000 101.97 0153 014 08 0000 201.97 0153 014 19 0000 148.84 0153 02102 0000 150.27 0153 022 010000 201.97 0153 022 13 0000 45.68 0153 022 30 0000 45.73 0153 023 24 0000 201.97 0153 023 33 0000 189.15 0153 024 09 0000 45.68 0153 03102 0000 201.97 0153 03117 0000 45.68 0153 03118 0000 201.97 0153 032 03 0000 96.62 0153 032 14 0000 105.35 0153 04116 0000 201.97 0153 04119 0000 201.97 0153 043 210000 201.97 0153 044 110000 201.97 0153 044 14 0000 201.97 Page 54 of 82 19.a Packet Pg. 411 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0153 044 17 0000 92.88 0153 05102 0000 45.68 0153 07104 0000 201.97 0153 07118 0000 160.26 0153 07119 0000 182.72' 0153 072 02 0000 126.97 0153 072 08 0000 88.85 0153 072 34 0000 201.97 0153 072 37 0000 156.29 0153 083 19 0000 244.07 0153 083 310000 98.84 0153 093 17 0000 201.97 0153 093 19 0000 92.84 0153 093 30 0000 45.68 0153 10110 0000 71.60 0153 101 11 0000 104.06 0153 112 10 0000 104.08 0153 112 19 0000 96.62 0153 112 22 0000 201.97 0153 112 23 0000 46.79 0153 113 010000 79.94 0153 113 29 0000 45.68 0153 113 30 0000 51.61' 0153 13140 0000 28.17 0153 13156 0000 201.97 0153 14115 0000 201.97 0153 142 35 0000 201.97 0153 17105 0000 96.62 0153 17115 0000 47.77 0153 22104 0000 68.38 0153 223 14 0000 198.48 0153 233 23 0000 198.48 0153 233 25 0000 94.59 0153 234 10 0000 96.62' 0153 25103 0000 101.97 0153 25105 0000 201.97 0153 26119 0000 45.68 0153 282 22 0000 201.97 0153 282 43 0000 201.97 0153 282 46 0000 148.08 0153 282 49 0000 46.14 Page 55 of 82 19.a Packet Pg. 412 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0153 283 57 0000 201.97 0153 284 48 0000 148.84 0153 284 50 0000 201.97 0153 29113 0000 201.97 0153 291 41 0000 201.97 0153 29142 0000 50.27 0153 292 22 0000 96.62 0153 292 55 0000 201.97 0153 292 59 0000 201.97 0153 32124 0000 79.94 0153 323 25 0000 201.97 0153 324 14 0000 45.68 0153 324 17 0000 201.97 0153 325 110000 201.97 0153 325 28 0000 201.97 0153 326 04 0000 45.68 0153 33102 0000 51.97 0153 332 210000 201.97 0153 332 27 0000 97.66 0153 332 29 0000 96.62 0153 332 34 0000 101.97 0153 333 010000 96.62 0153 333 110000 201.97' 0153 333 14 0000 101.97 0153 334 010000 154.84 0153 334 10 0000 45.68 0153 335 05 0000 52.02 0153 336 08 0000 51.01 0153 336 10 0000 201.97 0153 341 01 0000 201.97 0153 34103 0000 201.97 0153 34110 0000 201.97 0153 341 11 0000 201.97 0154 02149 0000 201.97 0154 05108 0000 96.62 0154 05117 0000 30235 0154 05127 0000 201.97 0154 06119 0000 201.97 0154 06150 0000 201.97 0154 06155 0000 282.00 0154 062 13 0000 50.93 Page 56 of 82 19.a Packet Pg. 413 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21- 17 0154 072 010000 50.97' 0154 072 10 0000'48.84 0154 073 03 0000 201.97 0154 08115 0000 201.97' 0154 082 02 0000 51.49' 0154 084 07 0000 49.43 0154 084 08 0000 52.53 0154 085 14 0000' 148.84 0154 086 04 0000' 201.97 0154 086 06 0000 45.68 0154 102 03 0000 49.71 0154 102 16 0000 45.68 0154 111 01 0000 398.65 0154 115 03 0000 44.52 0154 116 05 0000 99.48 0154 12117 0000 70.24 0154 122 07 0000 45.68 0154 126 03 0000 302.87 0154 126 18 0000 201.97 0154 13123 0000 201.97 0154 13124 0000 96.62 0154 13136 0000 201.97 0154 132 02 0000 179.63 0154 132 09 0000 138.48 0154 132 110000 101.97 0154 133 04 0000 145.98 0154 14110 0000 24.05' 0154 142 02 0000 155.28 0154 142 08 0000 151.97 0154 15113 0000 190.55 0154 152 010000 316.57 0154 152 07 0000 177.01 0154 152 16 0000 45.68 0154 152 19 0000 143.33 0154 154 02 0000 201.97 0154 16107 0000 154.84 0154 16108 0000' 201.97 0154 163 24 0000 48.84 0154 173 010000 45.68 0154 181 01 0000 126.23 0154 181 11 0000 80.37' Page 57 of 82 19.a Packet Pg. 414 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0154 181 13 0000'95.99 0154 18115 0000 201.97 0154 182 010000 201.97 0154 182 12 0000 41.97 0154 182 20 0000 201.97 0154 183 10 0000 201.97 0154 183 110000 105.65 0154 183 12 0000 201.97 0154 183 20 0000 201.97 0154 184 25 0000 98.79 0154 193 12 0000 316.57 0154 193 17 0000 201.97 0154 193 25 0000 201.97 0154 194 08 0000 192.01 0154 194 13 0000 60.64 0154 201 21 0000 71.60 0154 203 20 0000 201.97 0154 204 03 0000 201.97 0154 21112 0000 45.68 0154 21143 0000 51.97 0154 212 04 0000, 0154 22134 0000 119.18 0154 231 01 0000 201.97 0154 23110 0000 81.97 0154 23117 0000 201.97 0154 23118 0000 396.96 0154 23120 0000 56.19 0154 232 08 0000 45.68 0154 232 14 0000 151.43 0154 232 16 0000 148.84 0154 233 03 0000 51.26 0154 233 14 0000 201.97 0154 234 04 0000 201.97 0154 234 13 0000 148.84 0154 24115 0000 181.97 0154 24120 0000 201.97 0154 25108 0000;45.68 0154 254 09 0000 201.97 0154 322 10 0000 148.84 0154 322 19 0000 229.94 0154 323 07 0000 45.68 Page 58 of 82 19.a Packet Pg. 415 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0154 331 05 0000 220.61 0154 33109 0000 45.68 0154 33126 00004 316.57 0154 382 36 0000 201.97 0154 382 38 0000 103.90 0154 39104 0000 151.03 0154 39108 0000 96.62 0154 39109 0000 201.97 0154 39112 0000 201.97 0154 39119 0000 201.97 0154 393 06 0000 56.29 0154 394 06 0000 201.97 0154 394 12 0000 201.97 0154 395 010000 101.97 0154 40112 0000 46.62 0154 40118 0000 71.24 0154 402 03 0000 148.84 0154 402 14 0000 76.97, 0154 403 03 0000 51.94' 0154 41105 0000 45.68 0154 41117 0000'45.68 0154 412 03 0000 201.97 0154 413 09 0000 201.97 0154 414 210000 29.97' 0154 414 26 0000 51.97 0154 414 29 0000 92.83' 0154 42117 0000 100.13 0154 422 16 0000 45.68 0154 452 17 0000' 151.22 0154 452 18 0000'52.22 0154 454 03 0000 200.00 0154 454 06 0000 224.93 0154 454 18 0000 45.68 0154 47107 0000' 201.97 0154 472 14 0000 108.04 0154 474 06 0000 45.68 0154 50107 0000 96.62 0154 502 10 0000 201.97 0154 502 13 0000 53.13 0154 502 14 0000 85.20 0154 503 110000 45.68 Page 59 of 82 19.a Packet Pg. 416 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 r ,O 0154 503 15 0000 96.62 0154 504 10 0000 101.97 0154 504 110000 141.97 0154 51104 0000 201.97 0154 51107 0000 45.68 0154 51119 0000 201.97 0154 51127 0000 151.43 0154 512 05 0000 201.97 0154 512 15 0000 201.97 0154 512 25 0000 45.68 0154 532 10 0000 201.97 0154 532 19 0000 45.68 0154 532 20 0000 201.97 0154 532 26 0000 45.68 0154 532 35 0000 96.62 0154 532 38 0000 45.68 0154 532 62 0000 108.04 0154 532 65 0000 201.97 0154 532 84 0000 101.97 0154 54108 0000 201.97 0154 54112 0000 101.22 0154 542 05 0000 201.97 0154 542 07 0000 148.84 0154 543 14 0000 219.18 0154 545 04 0000 213.23 0154 545 08 0000 201.97 0154 546 03 0000 201.97 0154 567 18 0000 50.94 0154 57112 0000 103.28 0154 572 30 0000 201.97 0154 573 04 0000 201.97 0154 586 02 0000 101.95 0154 592 17 0000 201.97 0154 593 17 0000 80.97 0154 602 05 0000 201.97 0154 604 04 0000 45.68 0154 612 15 0000 104.23 0154 612 310000 96.62 0154 62119 0000 45.68 0154 622 03 0000 154.48 0154 622 09 0000 98.84 Page 60 of 82 19.a Packet Pg. 417 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0154 64105 0000 201.97 0154 65124 0000 45.68 0154 65168 0000 69.81 0154 66103 0000 45.68 0154 662 010000 104.60 0154 662 05 0000 201.97 0154 663 03 0000 316.57 0154 672 02 0000 201.97 0154 674 09 0000 154.48 0154 674 10 0000 145.98 0154 702 05 0000 188.19 0154 702 14 0000 201.97 0154 713 08 0000 101.97 0154 74137 0000 50.00 0154 74156 0000 201.97 0154 741 61 0000 201.97 0154 751 01 0000 201.97 0154 75106 0000 141.97 0154 75108 0000 45.68 0154 75109 0000 219.48 0154 75123 0000 201.97 0154 75127 0000 96.62 0154 75128 0000 201.97 0154 75130 0000 219.48 0154 75134 0000 44.98 0154 75176 0000 181.97 0154 751 81 0000 201.97 0154 76104 0000 201.97 0154 76132 0000 54.97 0154 76137 0000 96.62 0154 76160 0000 219.48 0154 76165 0000 45.68 0154 76176 0000 201.97 0154 77107 0000 45.68 0155 013 05 0000 71.60 0155 013 210000 62.35 0155 013 55 0000 96.62 0155 013 67 0000 96.62 0155 021 51 0000 144.63 0155 042 15 0000 45.68 0155 064 04 0000 76.25 Page 61 of 82 19.a Packet Pg. 418 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0155 071 02 0000 148.84, 0155 07119 0000 201.97 0155 072 010000 316.57 0155 08103 0000 47.58 0155 08106 0000 96.62 0155 083 10 0000 148.84 0155 091 01 0000 97.66 0155 092 02 0000 118.97 0155 092 13 0000 201.97 0155 093 12 0000 120.44 0155 093 14 0000 201.97 0155 093 15 0000 48.31 0155 10114 0000 28.17 0155 11108 0000 143.51 0155 111 54 0000 142.30 0155 11179 0000 201.97 0155 112 03 0000 48.84 0155 112 09 0000 138.48 0155 112 10 0000 45.76 0155 113 12 0000 154.84 0155 113 16 0000 201.97 0155 13114 0000 89.90, 0155 13117 0000 201.97 0155 132 07 0000 201.97 0155 14108 0000 142.30 0155 14128 0000 25.12 0155 14134 0000 201.97 0155 16107 0000 40.42 0155 16109 0000 201.97 0155 17134 0000 201.97 0155 17150 0000 201.97 0155 17157 0000 131.97 0155 172 14 0000 49.90 0155 174 13 0000 276.84 0155 18106 0000 155.77' 0155 18114 0000 31.40 0155 18120 0000 201.97 0155 182 10 0000 108.87 0155 19103 0000 201.97 0155 192 13 0000 201.97 0155 20103 0000 201.97 Page 62 of 82 19.a Packet Pg. 419 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 TT!"wwww'" 0155 20125 0000 201.97 0155 202 08 0000 51.68 3 0155 202 26 0000 201.97 0155 202 32 0000 50.94 0155 212 16 0000 150.83 0155 212 18 0000 35.33 0155 212 19 0000 45.68 0155 213 04 0000 155.02 0155 222 05 0000 45.68 0155 241 21 0000 45.68 0155 242 02 0000 207.07 0155 242 07 0000 45.68 0155 242 25 0000 201.97 0155 26129 0000 151.97 0155 28118 0000 44.15 0155 30102 0000 201.97 0155 30106 0000 201.97 0155 311 11 0000 201.97 0155 31115 0000 316.57 0155 313 03 0000 52. 37 0155 32108 0000 201.97 0155 32128 0000 201.97 0155 341 11 0000 45.68 0155 38130 0000 45.68 0155 393 12 0000 79.94 0155 393 14 0000 76.97 0155 394 02 0000 201.97 0155 41102 0000 31.21 0155 424 010000 46.62 0155 425 110000 201.97 0155 426 03 0000 151.43 0155 426 07 0000 46.62 0155 45112 0000 245.56 0155 463 02 0000 201.97 0155 472 06 0000 201.97 0155 472 14 0000 141.07 0155 52104 0000 96.62 0155 522 13 0000 96.62 0155 522 14 0000 201.97 0155 523 08 0000 27.41 Page 63 of 82 19.a Packet Pg. 420 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0261 151 14 0000!45.68 0261 152 18 0000 45.68 0261 182 19 0000 71.60 0261 221 14 0000' 145.36 0261 231 33 0000 153.43 0261 241 07 0000' 316.57 0261 241 11 0000 201.97 0261 241 35 0000 96.97, 0261 241 47 0000 201.97 0261 241 69 0000 201.97 0261 252 06 0000 201.97 0261 253 03 0000 103.90 0261 253 18 0000 92.72 0261 254 110000 201.97 0261 254 17 0000 201.97 0261 261 04 0000 201.97 0261 261 33 0000 201.97 0261 261 36 0000 148.84 0261 262 110000 201.97 0261 263 28 0000 100.13 0261 271 28 0000 96.62 0261 271 81 0000 175.37 0261 271 86 0000 148.84, 0261 281 06 0000 98.99 0261 281 26 0000 100.00 0261 281 56 0000 105.35 0261 281 63 0000 101.97 0261 291 49 0000 73.85 0261 301 41 0000 151.97 0261 31116 0000 66.57 0261 321 02 0000 201.97 0261 321 08 0000 46.62 0261 321 11 0000 45.68 0261 321 24 0000 201.97 0261 321 34 0000 96.62 0261 321 35 0000 105.35 0261 32169 0000 60.00'' 0261 33119 0000 38.48' 0261 331 22 0000 201.97 0261 331 26 0000 44.72 0261 341 17 0000 101.97 Page 64 of 82 19.a Packet Pg. 421 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 026135104 0000 51.97 F 0261 351 17 0000 45.68 0261 351 19 0000 51.97 0261 361 20 0000 119.46 0261 361 32 0000 34.26 0261 361 40 0000 201.97 0261 361 59 0000 96.62 0261 361 70 0000 101.97 0261 38107 0000 186.15 0261 381 09 0000 151.97 0261 381 11 0000 101.97 0261 391 05 0000 201.97 0261 39125 0000 201.97 0261 391 42 0000 97.41 0261 401 16 0000 201.97 0261 401 27 0000 86.98 0261 402 23 0000 160.26 0261 403 07 0000 50.62 0261 403 12 0000, 0261 411 17 0000 201.97 0261411410000 131.43 0261 411 51 0000 201.97 0261 411 71 0000 51.68' 0261 421 06 0000 51.77 0261 421 14 0000 100.00 026143105 0000 141.97 0261 431 09 0000 201.97' 0261 431 20 0000 215.07 0261 441 13 0000 45.68 0261 471 25 0000 96.62 0261 481 19 0000 71.60 0261 481 32 0000 45.22 0261 491 05 0000 148.84 026149110 0000 73.85 0261 491 17 0000 45.68 0261 501 01 0000 45.68 0261 501 04 0000 201.97 0261 501 16 0000 201.97 026151124 0000 45.68 0261 511 37 0000 201.97 0261 521 10 0000 45.68 Page 65 of 82 19.a Packet Pg. 422 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 0261 521 25 0000 201.97 0261 521 37 0000 46.73 026153119 0000 201.97 0261 551 12 0000 45.68 0261 551 21 0000 201.97 0261 571 16 0000 45.68 0261 57135 0000 148.84 0261 58136 0000 96.62 0261 581 42 0000 173.84 0261 581 71 0000 201.97 0261 601 05 0000 96.62 0261 601 10 0000 201.97 0261 601 20 0000 60.61 0261 601 23 0000 96.62 0261 601 26 0000 201.97 0261 611 31 0000 201.97 0261 621 20 0000 94.27 0261 621 44 0000 201.97 0261 63104 0000 201.97 0261 651 06 0000 45.68 0261 651 23 0000 45.68 0261 661 14 0000 201.97 0261 661 42 0000 201.97 0261 661 51 0000 201.97 0261 661 53 0000 45.68 0261 671 43 0000 201.97 0261 681 15 0000 161.68 0261 681 40 0000 45.68 0261 691 06 0000 151.43 0261 691 15 0000 151.43 0261 691 35 0000 198.48 0261 691 42 0000 201.97 0261 711 06 0000 96.62 0261 721 09 0000 201.97 0261 73103 0000 45.68 0262 20106 0000 201.97 0262 25104 0000 201.97 0262 25122 0000' 148.84 0262 25130 0000 201.97 0262 26110 0000 201.97 0262 26150 0000 201.97 Page 66 of 82 19.a Packet Pg. 423 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 0262 26155 0000 201.97' 0262 26156 0000 201.97 0262 26164 0000 201.97 0262 27103 0000 47.84 0262 27124 0000 201.97 0262 27126 0000 47.06 0262 27132 0000 45.68 0262 27135 0000 103.90 0262 27165 0000 201.97 0262 28102 0000 45.68 0262 28119 0000 106.52 0262 28126 0000 33.21 0262 28130 0000 201.97 0262 28138 0000 201.97 0262 28154 0000 239.51 0262 28162 0000 78.84 0262 28165 0000 148.84 0262 28169 0000 46.62 0262 28186 0000 45.68 0262 29117 0000 316.57 0262 29119 0000 45.68 0262 29148 0000 201.97 0262 29154 0000 201.97 0262 30106 0000 201.97 0262 301 21 0000 239.50 0262 30130 0000 201.97 0262 30135 0000 45.68 0265 082 010000 96.62 0265 082 10 0000 201.97 0265 24126 0000 45.68 0265 24127 0000 131.33 0265 30120 0000 201.97 0265 30135 0000 45.68 0265 30139 0000 148.84 0265 30150 0000 201.97 0265 301 51 0000 201.97 0265 30158 0000 285.62 0265 31120 0000 45.68 0265 31136 0000 78.48 0265 32120 0000 151.97 0265 32129 0000 201.97 Page 67 of 82 19.a Packet Pg. 424 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 gle Mg 0265 321 31 0000 41.80 0265 32143 0000 45.68 0265 32152 0000 45.68 0265 33106 0000 45.68 0265 34109 0000 72. 33 0265 34116 0000 148.84 0265 34119 0000 45.68 0265 35120 0000 201.97 0265 35136 0000 46.62 0265 36106 0000 101.97 0265 36108 0000 201.97 0265 36112 0000 141.97 0266 086 14 0000 45.68 0266 086 15 0000 71.60 0266 086 34 0000 63.19 0266 086 60 0000 201.97 0266 14118 0000 233.28 0266 142 010000 201.97 0266 143 09 0000 96.62 0266 151 01 0000 45.68 0266 15102 0000 186.91 0266 15112 0000 201.97 0266 15123 0000 201.97 0266 15130 0000 201.97 1 0266 15132 0000 96.62 0266 152 08 0000 101.97 0266 152 10 0000 71.60 0266 16103 0000 80.36 0266 16109 0000 47.58 0266 16116 0000 96.62 0266 16119 0000 101.97 0266 161 21 0000 86.03 0266 16123 0000 49.96 0266 16124 0000 51.97 0266 16125 0000 201.97 0266 162 07 0000 101.97 0266 162 10 0000 96.62 0266 162 110000 201.97 0266 17114 0000 201.97 0266 17115 0000' 201.97 0266 17125 0000 42.63 Page 68 of 82 19.a Packet Pg. 425 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0266j171 27 0000 316.57 0266 17132 0000 155.69 0266 17140 0000 96.62 0266 171 41 0000 212.05 0266 17142 0000 201.97 0266 223 02 0000 201.97 0266 242 05 0000 76.97 0266 242 09 0000 201.97 0266 242 18 0000 201.97 0266 242 42 0000 156.29 0266 254 010000 77.00 0266 255 03 0000 201.97 0266 256 010000 201.97 0266 257 06 0000 201.97 0266 261 11 0000 316.57 0266 262 05 0000 201.97 0266 262 07 0000 201.97 0266 262 110000 230.72 0266 262 17 0000 51.53 0266 263 15 0000 101.97 0266 27124 0000 45.68 0266 27146 0000 431.17 0266 27153 0000 101.97 0266 27159 0000 45.68 0266 28102 0000 96.62 0266 28106 0000 96.62 0266 28113 0000 179.75 0266 29110 0000 201.97 0266 29112 0000 96.62 0266 29127 0000 201.97 0266 30102 0000 45.68 0266 30112 0000 45.68 0266 30116 0000 111.85 0266 31109 0000 154.84 0266 31123 0000 96.62 0266 31154 0000 201.97 0266 31155 0000 74.90 0266 31163 0000 45.68 0266 31164 0000 201.97 0266 32106 0000 104.75 0266 32122 0000 201.97 Page 69 of 82 19.a Packet Pg. 426 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 MOM 0266 33W12 4 0000 45.68 0266 33137 0000 51.97 0266 33139 0000 201.97 0266 331 41 0000 139.97 0266 332 13 0000 101.97 0266 332 32 0000 80.68 0266 332 46 0000 82.49 0266 332 49 0000 233.28 0266 34108 0000 201.97 0266 35102 0000 201.97 0266 35115 0000 45.68 0266 363 23 0000 1,055.68 0266 37122 0000 201.97 0266 37145 0000 316.57 0266 38110 0000 201.97 0266 38116 0000 101.97 0266 381 31 0000 50.85 0266 38137 0000 132.19 0266 39105 0000 201.97 0266 39107 0000 26.97 0266 39118 0000 242.32 0266 39122 0000 151.97 0266 39124 0000 48.84 0266 39125 0000 229.89 0266 39132 0000 45.68 0266 421 21 0000 52.37 0266 42124 0000 45.68 0266 42126 0000 45.36 0266 42130 0000 201.97 0266 43109 0000 189.15 0266 43125 0000 201.97 0266 43129 0000 45.97 0266 43130 0000 45.62 0266 43132 0000 71.60 0266 43134 0000 201.97 0266 44103 0000 53.13 0266 452 010000 154.86 0266 452 04 0000 100.00 0266 452 19 0000 52.44 0266 453 14 0000 96.62 0266 46115 0000 201.97 Page 70 of 82 19.a Packet Pg. 427 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0266 461 21 0000 201.97' 0266 46122 0000 45.68 0266 46164 0000 45.68 0266 46165 0000 201.97 0266 461 71 0000 45.68 0266 47106 0000 201.97 0266 47108 0000 201.97 0266 471 21 0000 201.97 0266 47180 0000 45.68 0266 49110 0000 201.97 0266 491 31 0000 27.27 0266 49135 0000 45.68 0266 50136 0000 134.69 0266 503 15 0000 201.97 0266 503 32 0000 96.62 0266 503 42 0000 201.97 0266 51103 0000 201.97 0266 51107 0000 45.68 0266 51162 0000 101.97 0266 51165 0000 201.97 0266 53110 0000 201.97 0266 53118 0000 45.68 0266 53133 0000 156.97 0266 53137 0000 50.94 0266 54117 0000 81.97 0266 541 41 0000 201.97 0266 55139 0000 96.62 0266 58103 0000 48.84 0266 58109 0000 201.97 0266 58119 0000 99.84 0266 58124 0000 103.98 0266 58125 0000 104.23 0266 58145 0000 201.97 0266 58153 0000 52.45 0266 62103 0000 201.97 0266 62106 0000 52.37 0266 62142 0000 201.97 0266 62149 0000 45.68 0266 631 11 0000 201.97 0266 64105 0000 68.52 0266 651 01 0000 199.44 Page 71 of 82 19.a Packet Pg. 428 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016- November 30th,2016 Preliminary Parcel List as of 2-21-17 0266 65134 0000 201.97 0266 65137 0000 141.97 0266 66123 0000 201.97 0266 67106 0000 201.97 0266 67119 0000 100.18 0266 67122 0000 201.97 0266 68104 0000 45.68 0266 73115 0000 45.68 0266 73134 0000 201.97 0266 74104 0000 45.68 0266 74105 0000 45.68 0266 74106 0000 51.97 0266 74126 0000 201.97 0266 76112 0000 201.97 0266 76118 0000 46.62 0266 76136 0000 201.97 0266 761 41 0000 101.97 0266 761 51 0000 30.35 0266 77105 0000 45.68 0266 77110 0000 201.97 0266 771 11 0000 151.22 0266 77122 0000 201.97 0266 77124 0000 44.72 0266 78103 0000 201.97 0266 78108 0000 51.99 0266 78118 0000 100.13 0266 78138 0000 201.97 0266 79106 0000 201.97 0266 79112 0000 28.31 0266 80115 0000 77.01 0266 81105 0000 201.97 0268 11129 0000 230.14 0268 111 310000 201.97 0268 111 33 0000 106.29 0268 12105 0000 201.97 0268 12106 0000 40.35 0268 131 01 0000 295.46 0268 13117 0000 96.62 0268 13120 0000 101.97 0268 132 16 0000 201.97 0268 133 08 0000 151.97 Page 72 of 82 19.a Packet Pg. 429 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0268 133 110000 151.97 0268 133 19 0000 201.97 0268 134 07 0000 201.97 0268 134 09 0000 201.97 0268 134 12 0000 45.68 0268 14103 0000 141.97 0268 14106 0000 50.25 0268 14108 0000 201.97 0268 142 010000 193.76 0268 142 02 0000 101.97 0268 143 03 0000 201.97 0268 143 05 0000 45.68 0268 143 07 0000 96.62 0268 143 09 0000 96.62 0268 30119 0000 201.97 0268 30120 0000 219.18 0268 301 21 0000 45.98 0268 30123 0000 45.68 0268 30124 0000 201.97 0268 30127 0000 106.52 0268 30129 0000 45.68 0268 30132 0000 45.68 0268 30133 0000 201.97 0268 30138 0000 201.97 0268 302 010000 48.31 0268 302 03 0000 276.38 0268 302 07 0000 201.97 0268 302 08 0000 201.97 0268 302 12 0000 141.97 0268 302 20 0000 50.00 0268 302 22 0000 184.46 0268 302 29 0000 98.70 0268 313 05 0000 101.97 0268 314 13 0000 45.68 0268 314 30 0000 201.97 0268 314 33 0000 171.72' 0268 314 34 0000 201.9711 0268 314 410000 52.40 0268 315 410000 45.68 0268 393 06 0000 201.97 0268 394 28 0000 201.97 Page 73 of 82 19.a Packet Pg. 430 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 F 0268 394 29 0000 52.60 0268 40112 0000 201.97 0268 40114 0000 201.97 0268 402 10 0000 45.68 0268 402 13 0000 201.97 0268 402 19 0000 201.97 0268 403 08 0000 45.68 0268 403 13 0000 45.98 0268 403 35 0000 189.19 0268 41105 0000 201.97 0268 411 11 0000 25.12 0268 41117 0000 201.97 0268 412 07 0000 201.97 0268 412 19 0000 201.97 0268 412 210000 201.97 0268 422 06 0000 101.97 0268 422 17 0000 105.35 0268 422 20 0000 201.97 0268 423 06 0000 201.97 0268 426 09 0000 154.84 0268 427 03 0000 101.97 0268 427 09 0000 79.94 0268 432 10 0000 201.97 0268 432 13 0000 45.68 0268 432 14 0000 40.28 0268 433 010000 201.97 0268 433 07 0000 201.97 0268 44106 0000 201.97 0268 44107 0000 45.68 0268 441 21 0000 219.48 0268 442 14 0000 201.97 0268 482 010000 201.97 0269 03112 0000 31.36 0269 05132 0000 201.97 0269 07110 0000 201.97 0269 07120 0000 71.60 0269 07124 0000 201.97; 0269 10108 0000 201.97 0269 11117 0000 201.97 0269 11127 0000 36.62 0269 145 02 0000 201.97 Page 74 of 82 19.a Packet Pg. 431 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0269 145 08 0000 201.971 0269 162 010000 45.68, 0269 162 14 0000 45.68 0269 162 17 0000 201.97 0269 162 28 0000 316.57 0269 162 35 0000 201.97 0269 162 510000 45.68 0269 32103 0000 45.68 0269 32117 0000 81.97 0269 321 21 0000 197.47 0269 322 04 0000 101.97 0269 322 06 0000 201.97 0269 322 18 0000 45.68 0269 324 13 0000 105.35 0269 351 11 0000 31.97 0269 35140 0000 51.97 0269 351 41 0000 51.97 0269 35156 0000 36.86 0269 35166 0000 201.97 0269 36106 0000 201.97 0269 36114 0000 48.84 0269 36134 0000 45.68 0269 36138 0000 41.97 0269 37134 0000 55.84 0269 37159 0000 201.97 0269 37180 0000 71.60 0269 38115 0000 73.85 0269 38116 0000 45.68 0269 38138 0000 105.66 0269 38145 0000 48.31 0270 25104 0000 201.97 0270 25117 0000 96.62 0271 05116 0000 238.36' 0271 052 010000 201.97 0271052 210000 201.97 0271 052 25 0000 201.97 0271 062 19 0000 316.57 0271 07152 0000 101.22 0271 081 14 0000 201.97 0271 082 03 0000 50.18 0271 082 28 0000 45.34 Page 75 of 82 19.a Packet Pg. 432 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 0271 094 05 0000 300.28 0271 441 13 0000 201.97 0271 445 010000 103.16 0271 513 13 0000 152.32 0271 521 03 0000 201.97 0272 11105 0000 201.97 0272 11113 0000 45.68 0272 123 20 0000 111.02 0272 123 32 0000 45.68 0272 123 38 0000 116.18 0272 17142 0000 97.97 0272 192 28 0000 116.18 0272 212 10 0000 60.13 0272 212 16 0000 201.97 0272 28107 0000 116.18 0272 28109 0000 101.95 0272 29103 0000 103.16 0272 29114 0000 103.16 0272 29123 0000 116.18 0272 29139 0000 151.43 0272 292 110000 45.68 0272 35117 0000 51.97 0272 36105 0000 201.97 0272 36109 0000 201.97 0272 36112 0000 201.97 0273 171 21 0000 45.68 0273 172 32 0000 45.68 0273 18105 0000 316.57 0273 18113 0000 196.54 0273 18126 0000 98.82 0273 18130 0000 316.57 0273 192 17 0000 201.97 0274 022 22 0000 45.68 0274 024 010000 201.97 0274 024 24 0000 47.53 0278 031 01 0000 45.68 0278 031 21 0000 201.97 0278 03129 0000 224.86 0278 032 010000 201.97 0278 032 10 0000 201.97 0278 032 14 0000 201.97 Page 76 of 82 19.a Packet Pg. 433 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 0278 032 72 0000 91.36 0278 04113 0000 45.68 0278 04117 0000 201.97 0278 07109 0000 201.97 0278 081 01 0000 164.40 0278 16132 0000 247.23 0278 17103 0000 780.22 0278 19126 0000 155.11 0279 022 28 0000 143.05 0279 022 38 0000 96.62 0279 022 40 0000 152.41 0279 234 16 0000 149.90 0279 235 34 0000 153.41 0279 235 54 0000 201.97 0279 235 55 0000 79.94 0279 235 60 0000 101.97 0279 236 08 0000 201.97 0279 237 03 0000 101.97 0279 237 08 0000 96.62 0279 237 09 0000 96.62 0279 237 12 0000 98.82 0279 28116 0000 201.97 0279 28123 0000 131.97 0279 28149 0000 71.60 0279 281 51 0000 219.18 0279 29125 0000 50.94 0279 29135 0000 95.86 0279 30105 0000 45.68 0279 30146 0000 201.97 0279 30147 0000 30.61 0279 31153 0000 201.97 0280 011 21 0000 201.97 0280 03107 0000 201.97 0280 032 09 0000 201.97' 0280 032 17 0000 201.97 0280 04114 0000 519.78 0280 062 06 0000 201.97 0280 072 210000 201.97 0280 072 23 0000 201.97 0280 073 04 0000 201.97 0280 082 04 0000 265.16 Page 77 of 82 19.a Packet Pg. 434 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 OWAS NE 0280 082 07 0000 101.97 0280 083 02 0000 201.97 0280 16117 0000 176.97 0280 16130 0000 201.97 0280 192 07 0000 201.97 0280 21112 0000 201.97 0280 21116 0000 155.69 0280 212 18 0000 45.68 0280 212 26 0000 103.16 0280 213 210000 74.86 0280 213 27 0000 45.68 0280 214 110000 201.97 0280 214 14 0000 316.57' 0280 23117 0000 201.97 0280 23148 0000 201.97 0280 26114 0000 96.62 0280 271 01 0000 201.97 0280 27129 0000 201.97 0280 293 15 00001 45.68 0280 312 110000 45.68' 0280 312 16 0000 51.64 0280 312 18 0000 108.02 0281 031 86 0000 238.36 0281 112 38 0000 46.62 0281 112 54 0000 148.84 0281 122 05 0000 41.68 0281 122 16 0000 148.84 0281 122 62 0000 45.68 0281 131 44 0000 88.13 0281 131 50 0000 50.94 0281 132 30 0000 201.06 0281 141 02 0000 201.97 0281 141 40 0000 86.03 0281 14143 0000 201.97 0281 141 52 0000 195.19 0281 141 55 0000 200.27 0281 142 08 0000 201.97 0281 142 12 0000 201.97 0281 142 22 0000 45.68 0281 151 04 0000 45.68 0281 151 08 0000 34.26' Page 78 of 82 19.a Packet Pg. 435 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 1 0281 151 31 0000 167.49 028115154 0000 151.97 0281 171 14 0000 201.97 0281 182 03 0000 201.97' 0281 191 02 0000 201.97 0281 192 45 0000 201.97 028120126 0000 201.97 0281 211 11 0000 101.97 0281 221 17 0000 201.97 0281 221 24 0000 70.00 0281 231 15 0000 45.68 0281 232 29 0000 201.97 0281 232 310000 148.84 0281 232 44 0000 162.89 0281 233 40 0000 201.97 0281 261 47 0000 201.97 0281 261 58 0000 29.16 0281 261 61 0000 201.97 028126168 0000 201.97 0281 273 14 0000 201.97 0281 281 01 0000 201.97 0281 281 06 0000 201.97 0281 282 14 0000 201.97 0281 292 06 0000 85.20 0281 321 47 0000 148.84 0281 321 77 0000 201.97 0281 322 54 0000 96.62 0281 323 03 0000 201.97 0281 323 04 0000 201.97 0281 323 25 0000 25.13 0281 323 47 0000 45.68 0281 323 59 0000 201.97 0281 323 610000 103.90 0281 323 73 0000 48.84 0281 391 66 0000 103.28 0283 012 10 0000 396.96 0283 012 27 0000 201.97 0283 03116 0000 201.97 0283 04122 0000 201.97 0285 103 22 0000 76.97 0285 103 48 0000 100.00 Page 79 of 82 19.a Packet Pg. 436 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th,2016 Preliminary Parcel List as of 2-21-17 F90/1ail 0285 21122 0000 96.62 0285 222 13 0000 51.81 0285 222 27 0000 45.68 0285 325 17 0000 96.62 0285 35125 0000 96.62 0285 60115 0000 201.97 0285 662 09 0000 201.97 0285 69129 0000 96.62 0285 78140 0000 148.84 0285 79117 0000 45.68 0285 83105 0000 201.97 0285 832 06 0000 103.90 0285 843 08 0000 45.68 0285 85133 0000 201.97 0285 85144 0000 53.13 0285 86127 0000 68.52 0285 911 01 0000 100.13 0285 91113 0000 201.97 0285 921 41 0000 49.81 0285 93143 0000 101.97 0285 93144 0000 201.97 0285 94104 0000 48.84 0285 951 11 0000 148.84 0285 95123 0000 201.97 0285 96117 0000 45.68 0285 992 17 0000 201.97 1191 051 04 0000 201.97 1191 051 19 0000 201.97 1191 051 32 0000 201.97 1191 061 26 0000 45.68 1191 071 07 0000 39.52 1191 071 42 0000 103.90 1191 071 48 0000 101.97 1191 081 05 0000 45.68 1191 081 52 0000 352.37 1191 171 44 0000 41.97 1191 171 46 0000 366.79 1191 171 52 0000 101.97 1191 171 62 0000 101.97 1191 211 10 0000 73.85 1191 211 28 0000 151.97 Page 80 of 82 19.a Packet Pg. 437 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st,2016-November 30th, 2016 Preliminary Parcel List as of 2-21- 17 1191 211 44 0000 $201.97 119122137 0000 45.68 119126129 0000 156.29 119126146 0000 27.04 1191 271 66 0000 197.56 1191 271 79 0000 201.97 1191 271 82 0000 148.84 1191 282 06 0000 101.97 1191 282 07 0000 47.08 1191 282 44 0000 47.84 1191 291 21 0000 71.97 1191 291 31 0000 45.68 1191 301 32 0000 171.68 1191 341 44 0000 47.96 1191431110000 201.97 1191 43127 0000 103.21 1191 481 36 0000 148.84 1191 48142 0000 154.84 1199 03107 0000 96.62 1199 03117 0000 117.84 1199 031 21 0000 96.62 1199 04146 0000 201.97 1199 07113 0000 188.10 1199 07116 0000 148.84 1199 07139 0000 54.19 1199 07150 0000 151.97 1199 08130 0000 45.68 1199 08134 0000 100.14 1199 13103 0000 148.84 1199 13120 0000 96.62 1199 14109 0000 171.68 1199 14122 0000 103.16 1199 14126 0000 112.68 1199 14158 0000 96.62 1199 14164 0000 71.60 1199 15129 0000 201.97 1199 15152 0000 45.68 1199 16105 0000 102.12 1199 21110 0000 201.97 1199 22108 0000 45.68 1200 20105 0000 201.97 Page 81 of 82 19.a Packet Pg. 438 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) Burrtec Waste Industries, Inc. City of San Bernardino Lien and Special Assessment Proceedings Delinquent Period:April 1st, 2016-November 30th, 2016 Preliminary Parcel List as of 2-21-17 f` 1200 20113 0000 127.01 1200 20122 0000 96.62 1200 20125 0000 45.68 1200 20126 0000 57.34 1 1200 20130 0000 45.68 1200 22110 0000 45.68 1200 22112 0000 45.68 1200 23116 0000 201.97 1200 23119 0000 198.48 1200 23162 0000 103.45 1200 39115 0000 201.97 Page 82 of 82 19.a Packet Pg. 439 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) ATTACHMENT 3 PB Pivaort Service -Certificate of mailing Statement Malkm Information Name and Address mallim House Oust Job Name PB Presort Services American Computer Services First Class 18550 S.Broadwick St, Job# Rancho Dominguez.CA 90220 Ac GQ-2 l317 Telephone:310-763-4615 Fax:310-703-3474 S6 2 MAILNG INFORMATION: Ca Number of Contmkwm IUetemd Permit Stamped Mall Total Submltlsd Customer Count X 1Pc61 15 Trays Jobfrlcket Number Pickup Date Pickup Time a//3117 7: 011K Name of OpergUm MafwW Data 11111me Jose Molina Certification PB Presort Services Inc. Mad under comingle program 1 st patas was entered to USPS on or before the date of mail. Certificate of Mai6n Pitney Bowes 19.a Packet Pg. 440 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) This page left blank intentionally ATTACHMENT 4 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT 300 NORTH "D" STREET SAN BERNARDINO,CA 92418 JOHN DOE 123 ANY STREET SAN BERNARDINO,CA 99999 February 9, 2017 NOTICE OF ADMINISTRATIVE HEARING ON SPECIAL ASSESSMENT AND LIEN S. B.M.C.8.24.050 ACCOUNT NUMBER: AC 54321 SERVICE APN: 3214-12-34-0000 SERVICE ADDRESS: 123 ANY STREET SERVICE PERIOD:APR-NOV 2016 SAN BERNARDINO,CA 99999 TOTAL OF DELINQUENT SOLID WASTE COLLECTION SERVICE CHARGES AND LATE CHARGES: $119.18 As the property owner, tenant, or subscribing person on behalf of the property owner, you are hereby notified that the City of San Bernardino has initiated proceedings to create a special assessment and lien on the above mentioned service address to which solid waste collection services were provided and the required payment for such services has not been made. An Administrative Hearing by a Hearing Officer and subsequent Public Hearing by the Common Council will take place at the location, date, and time listed below.You have the right to appear at both the Administrative Hearing and the subsequent Public Hearing to state your objections to the delinquent solid waste collection service charges and proposed special assessment and lien. ADMINISTRATIVE HEARING: PUBLIC HEARING: Date: February 23,2017 Date: March 6, 2017 Time: 1:00 P.M. Time: 5:30 p.m. Location:Council Chambers Location:Council Chambers 300 North "D"Street 300 North "D" Street San Bernardino,CA 92418 San Bernardino, CA 92418 If you believe you have received this notice in error, or would like to arrange for payment of the delinquent charges, please contact Burrtec Waste Industries prior to the Administrative Hearing Monday through Friday from 8:00 a.m. to 5:00 p.m. by telephone at 909-804-4222 or at their office located at 5455 Industrial Parkway,San Bernardino,CA 92407. CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT 19.a Packet Pg. 441 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) BURRTEC WASTE INDUSTRIES ATTACHMENT rj P.O. BOX XXXX BUENA PARK, CA 90622-XXXX JOHN DOE 123 ANY STREET SAN BERNARDINO, CA 99999 JUNE 16, 2016 PAST DUE LETTER Account Number: AC 54321 Service Address: 123 Any Street Amount: 119.18 San Bernardino, CA 99999 Dear Customer, There is a problem regarding the trash collection payment history at the above service address. The County Assessor has verified that ownership has not changed and you are listed as the owner. In reviewing the past due amounts, this account has a past due balance that exceeds 45 days. Ff payments have been made on this account, or if there is an error in the public records, it is imperative that our office be contacted immediately to correct any errors. In the event that the above information is correct, payment for trash service is required. Section 8.24.050 of the City of San Bernardino Municipal Code, stipulates that all fees for refuse collection service will be billed and collected in accordance with rules and regulations. If payment is not received within 15 days from the date of this notice, the delinquent and unpaid charges including a 10% penalty, 1.5% monthly interest and administrative charges may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. In the case of residential and commercial rental units, the property owner of record shall be responsible for paying the refuse service rate. Refuse service rates are reviewed and approved by City Council resolution in a public meeting. Burrtec Waste Industries, Inc. is initiating actions to place delinquent charges on the annual general County tax bills. A public hearing will be held for action to file a property lien and authorization to add that lien to the extended property tax roll bills in the amount of past due charges plus administrative and recording fees. The Customer Service staff of Burrtec is available to assist you, Monday through Friday from 8:00 a.m. to 5:00 p.m. Our staff can be reached by telephone at 909-804-4222 or visiting our office located at 5455 Industrial Parkway, San Bernardino, CA 92407. Thank you for your prompt attention to this matter. BURRTEC WASTE INDUSTRIES, INC. 19.a Packet Pg. 442 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) SURPTEC WASTE MDUSMES, 5455 l DUSTRIAL PKWY W y SAN BERNARDINO, CA 92407 ANDUK MW ATTACHMENT C ow s 57 A.fl 24374.3 BUTEC WASTE INDUSTRIES, INC. PAYMENT PROCESSING CENTER P.0. BOX 5938: BUENA PARK, CA 906122-5938 A' 7011A 0193 it 0002019 f 1014 ^.ND R k"iJRN, `v' 1 5 %4`f-:a,.'._ i is 3AU ee0.sw€t om.`:A 9L,n 7 BURRTEC WASTE HYDUSTRIES, INC. INVOICE FOR SERVICE AT: 5455 INDUSTRIAL PKWY moommoo SAN BERNARDINO, CA 92407 OR BILLING INQUIRIES OR SERVICE, CAL[_ 00993 4222 WIN I III w a3 s, 1 3' 4 y,} xa r 139 OF I 19.a Packet Pg. 443 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) ATTACHMENT 7 et seq.), and other universal wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury- containing switches. 8.24.020 Authority of City Manager to make rules and regulations The City Manager shall have the authority to make reasonable rules and regulations concerning the storage, collection, transportation and disposal of Solid Waste by persons as he or she shall find necessary and to place additional limitations not specifically addressed herein on types and quantities of waste which may be placed in containers when the City Manager determines that such rules and regulations are necessary to protect the health and safety of the general public or City employees, or to comply with State or Federal law or regulations. 8.24.030 Applicability The chapter shall apply to all users of the City's Solid Waste services within the City and to users outside the City who are by permit, contract, or agreement with the City, users of the City's Solid Waste collection services or are conducting business or activities within the City which fall under the provisions of this chapter. 8.24.040 General Provisions A. Provision of Solid Waste Services. 1. Solid Waste related activities within the City shall be performed under the direction of the City Manager, and for such purposes, the City may use City personnel, enter into contract agreements with private hauling firms, or approve franchise agreements to perform such activities. Solid waste enterprises operating pursuant to such a contract or franchise agreement shall meet the terms, rates,standards and services specified in the contract or franchise agreement. However, the City Manager may authorize any person to collect, remove, and disperse Garbage, Recyclable Materials and Organic Waste under such terms, conditions, and limitations deemed necessary in the interests of the public health, safety, and welfare. Return to Municipal Code Contents] Rev. January 2017] 8-38 Return to Title 8 Contents] 19.a Packet Pg. 444 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) 2. No person, Solid Waste enterprise or the agents, servants or employees thereof, shall provide Solid Waste collection services within the City without approval, which shall be issued only on a vote of the Common Council. All recycling, Organic Waste and Garbage collections shall be made as quietly as possible, and the City Manager may fix and determine the hours for collection. 3. Except as expressly called out in the franchise agreement, the franchised hauler is granted the exclusive franchise, duty, right and privilege to collect, transfer, transport, recycle, process, and dispose of Garbage, Organic Waste and Recyclable Materials generated within the boundaries of City subject to the terms and conditions set forth in the franchise agreement. B. Subscription Required. The property owner or tenant of each occupied premises shall have at least the minimum level of Solid Waste collection service made available to that premises by the franchised hauler, as specified in the franchise agreement between the City and the franchised hauler. At its discretion, the City may require a higher level of Solid Waste collection service if the current level of service is deemed insufficient. The charges for Solid Waste collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any Solid Waste to be collected on any particular collection date during such occupancy. Nothing in this Chapter is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for Solid Waste collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the property owner's obligation to pay for Solid Waste collection service as provided herein. C. Commencement of Solid Waste Collection Service. The property owner or tenant shall commence Solid Waste collection service within seven (7) days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the City Manager may give written notice to the owner or tenant that Solid Waste collection service is required. If service is not initiated by the property owner or tenant within seven 7) days after the date of mailing the notice, the City Manager shall authorize the franchised hauler to begin and continue providing the minimum level of Solid Waste collection service to such premises and the service shall be deemed to have been made available as ofthe date of such authorization. Return to Municipal Code Contents] Rev. January 2017] 8_39 Return to Title 8 Contents] 19.a Packet Pg. 445 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) D. Charge for Solid Waste Collection Service. Any and all charges for Solid Waste collection service shall be set forth in the franchise agreement, contract or the Collection Service Agreement between the City and its franchised hauler. E. Special Services. Customers requiring special services shall contact the franchised hauler to arrange for such service. Charges for such special services shall be set forth in the franchise agreement. F. Exemption from Service. Any customer may make an application for exemption from Solid Waste collection services on the basis that a developed property is unoccupied, and that no Garbage,Organic Waste or Recyclable Materials shall be placed or offered for collection by the City or its authorized franchised hauler, from such property. The City Manager may temporarily exempt such property from participation in the City's Solid Waste collection program for the limited period while the property is unoccupied; provided, that any such statement or representation shall be made in affidavit form,fully sworn to by the person making such statement or representation and filed with the City Manager. An exemption shall be valid only for the time that the statements made in the affidavit continue to be true. Any violation of provisions of the exemption shall result in termination of the exemption and shall require the customer to subscribe to the Solid Waste collection services in accordance with this chapter. G. City Manager May Restrict Self-Haul. Nothing in this Chapter is intended to prevent residents, that subscribe and pay for Solid Waste collection services with the franchised hauler, from self-hauling Garbage, Recyclable Materials or Organic Waste to permitted Solid Waste facilities, and other Solid Wastes (excluding Garbage, Recyclable Materials and Organic Waste) in excess of their normal subscription level to facilities that accept and responsibly process those materials, as may be necessary from time-to-time. However, the City Manager may restrict or prohibit self-hauling by individual generators if the City Manager determines, after providing notice and an opportunity for a hearing, that the generator's self-hauling activities violate the provisions of this Chapter or any other applicable law or regulation. Return to Municipal Code Contents] Rev. January 2017] g-}p Return to Title 8 Contents] 19.a Packet Pg. 446 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) H. Organics Prohibited from Use as Alternative Daily Cover. Pursuant to the provisions of Assembly BiII1594 (AB 1594) the franchised hauler, and any generators who self-haul Organic Waste, may not direct their Organic Waste for use as ADC. If the City Manager determines that the franchised hauler or any other generator has directed any Organic Waste for use as ADC, the City Manager will notify the franchised hauler or generator of the requirements of this provision. Repeated instances of directing Organic Waste for use as ADC may result in enforcement action as per 8.24.130. 8.24.050 Failure to Pay A. Failure to Pay for Solid Waste Collection Service. The franchised hauler shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Solid waste collection service shall not be discontinued for residential customers by reason of any failure to pay the charges for such service. The franchised hauler may temporarily suspend services if a commercial customer has been delinquent in payment for a period of at least forty-five (45) days in accordance with the terms of the franchise agreement. B. Notification of Delinquency. 1. Customers (owners or tenants) who have not remitted required payment within forty-five (45) days after the date of billing shall be notified by the franchised hauler on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers as is required under Proposition 218 to include notification via U.S. Mail to the current billing address on file. 2. All notices pursuant to this division shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner. The form of delinquency notice shall be approved by the City Manager. Return to Municipal Code Contents] Rev. January 2017] 8-41 Return to Title 8 Contents] 19.a Packet Pg. 447 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) ATTACHMENT 8 H. Organics Prohibited from Use as Alternative Daily Cover. Pursuant to the provisions of Assembly Bill 1594 (AB 1594) the franchised hauler, and any generators who self-haul Organic Waste, may not direct their Organic Waste for use as ADC. If the City Manager determines that the franchised hauler or any other generator has directed any Organic Waste for use as ADC, the City Manager will notify the franchised hauler or generator of the requirements of this provision. Repeated instances of directing Organic Waste for use as ADC may result in enforcement action as per 8.24.130. 8.24.050 Failure to Pay A. Failure to Pay for Solid Waste Collection Service. The franchised hauler shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Solid waste collection service shall not be discontinued for residential customers by reason of any failure to pay the charges for such service. The franchised hauler may temporarily suspend services if a commercial customer has been delinquent in payment for a period of at least forty-five (45) days in accordance with the terms of the franchise agreement. B. Notification of Delinquency. 1. Customers (owners or tenants) who have not remitted required payment within forty-five (45) days after the date of billing shall be notified by the franchised hauler on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers as is required under Proposition 218 to include notification via U. S. Mail to the current billing address on file. 2. All notices pursuant to this division shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner. The form of delinquency notice shall be approved by the City Manager. Return to Municipal Code Contents] Rev. January 2017] 8-41 Retum to Title 8 Contents] 19.a Packet Pg. 448 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) C. Assignment of Delinquent Account. In the event the bill for Solid Waste collection service together with any late charge thereon is not paid in full within thirty (30) days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to Chapter 8.24.050(B), the franchised hauler may assign such bill to the City for collection through the initiation of lien and special assessment proceedings.The assignment shall include the name and address of the property owner and tenant, the assessor's parcel number of the premises, the period of Solid Waste collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the City Manager, together with a copy of the notices of delinquency mailed or otherwise delivered to the property owner and tenant with proof of service. D. Initiation of Special Assessment and Lien. Upon the City's receipt of the assignment from the franchised hauler, the City Manager shall prepare a report of delinquency and initiate proceedings to create a special assessment and lien on the premises to which the Solid Waste collection service was provided. The City Manager shall fix a time, date and place for an administrative hearing by the City Manager to consider any objections or protests to his or her report. E. Notice of Administrative Hearing on Special Assessment and Lien. The City Manager shall send written notice of the administrative hearing to the property owner and tenant of the premises against which the special assessment and lien will be imposed at least ten (10) days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the City Manager. A copy of the notice shall also be mailed to the franchised hauler. Said notice shall set forth the amount of delinquent Solid Waste collection service charges, the amount of any late charge thereon, and shall inform the recipient of the possible levy of a special assessment and lien on the premises and administrative charges as provided in this division. Said notice shall also inform the property owner and tenant of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the Common Council, and advise the property owner and tenant of his or her right to appear at both the administrative hearing and the public hearing to state his or her objections to the report or the proposed special assessment and lien. Return to Municipal Code Contents] Rev. January 2017] 8-42 Return to Title 8 Contents] 19.a Packet Pg. 449 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) F. Administrative Hearing on Special Assessment and Lien. At the time and place fixed for the administrative hearing, the City Manager shall hear and consider any objections or protests to his or her report.The City Manager may correct or modify the report as he or she deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his or her decision. The City Manager shall thereupon submit a final report to the Common Council for confirmation and shall furnish a copy of such final report to all the persons to whom notice was sent pursuant to this division. G. Public Hearing on Special Assessment and Lien. The Common Council shall conduct a public hearing to consider the City Manager's final report at the time and place set forth in notice described in Chapter 8.24.050(E). At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the final report, or any portion thereof, should not be confirmed. The Common Council's review shall be limited to the administrative record and evidence presented at the City Manager's administrative hearing. The Common Council may adopt, revise, reduce or modify any charge shown in the final report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the Common Council is satisfied with the final report as rendered or modified, the Common Council shall confirm such final report by resolution. The decision by the Common Council on the final report and any objections or protests thereto, shall be final and conclusive. H. Recording of Lien. Upon confirmation by the Common Council of the final report,the City Manager shall cause to be recorded in the office of the recorder for San Bernardino, a lien against each premises described in the final report for the amount of delinquent Solid Waste collection service charges and late charges as confirmed by the Common Council by resolution. The lien shall also include such additional administrative charges as established by resolution of the Common Council. All persons to whom notice was sent pursuant to this division shall be notified by the City Manager that the delinquent Solid Waste collection service charges, late charges and administrative charges are due and payable to the City and that said lien has been recorded. I. Levy of Special Assessment. Upon confirmation by the Common Council of the City Manager's final report, as rendered or modified, the delinquent Solid Waste collection service charges, late charges and administrative charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been Return to Municipal Code Contents] Rev. January 2017] 8-43 Return to Title 8 Contents] 19.a Packet Pg. 450 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) imposed. The City Manager shall file a copy ofthe final report, together with a certified copy of the resolution by the Common Council confirming the same, with the tax collector for San Bernardino County with instructions to enter the delinquent Solid Waste collection service charges, late charges and administrative charges as special assessments against the respective premises described in the City Manager's lien report. The tax collector shall include such special assessment on the next regular bill for secured property taxes sent to the property owner. J. Collection of Special Assessment. The special assessment shall be collected at the same time in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all of the delinquent Solid Waste collection service charges, late charges and administrative charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. 8.24.060 Storage and Ownership A. Sufficient Container Capacity and Storage of Containers. All persons occupying or maintaining any premises within the City where Garbage, Organic Waste and Recyclable Materials are created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all Garbage, Organic Waste and/or Recyclable Materials which are produced, created or accumulated on such premises. No containers shall be allowed to be stored in the public streets or rights-of way. Except on days established for collection, all Solid Waste containers shall be placed out of sight of the public right-of-way, except for temporary containers, as described below. Containers may be stored in alleys but must not cause obstruction for emergency, Solid Waste collection, or other vehicles. Containers may be temporarily stored in public streets or rights-of way. In commercial areas of the City that have limited space for the placement of containers, upon written request of the property owner or occupant, the City may allow the bins or carts as provided by the franchised hauler to be placed in public parking lots expressively for the purpose of normal weekly collection by the franchised hauler. Return to Municipal Code Contents] Rev.January 2017] 8-44 Return to Title 8 Contents] 19.a Packet Pg. 451 Attachment: Refuse Account Liens (2) (4885 : Refuse Accounts Liens) This page left blank intentionally tNARD NO P Staff Report City of San Bernardino o' Request for Council Action G'r'DED IN Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Dan Webster Subject: Amendment Number One to Lease with Vanir Tower Inc. Recommendation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to execute the Amendment Number One to the Lease with Vanir Tower Inc. at 290 North D Street San Bernardino, California. Background The Mayor and City Council approved a resolution at the November 21, 2016, meeting directing the City Manager to execute a lease for space in Vanir Tower Inc. that will be utilized to house certain City staff. In the process of executing the lease, Vanir Tower Inc. requested certain changes to the original lease that had previously been reviewed and approved by the company. The proposed amendment and the original lease are attached to this report. The proposed amendment changes the commencement date for the lease which was necessitated by the time needed to design and permit the tenant improvements. Discussion The proposed amendment changes the following sections of the original form lease that was approved by the Mayor and City Council on November 21, 2016: 1. Title Page revision that more accurately describes the leased space. 2. Title Page change that reflects the amended commencement date for the lease. 3. Title Page revision to include the rent increase for the extended lease period should the City exercise that option. 4. Change to Section 3, Paragraph A to revise the date of the initial term of the lease. 20.a Packet Pg. 452 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 5. Change to Section 3, Paragraph D to remove the City's ability to terminate the lease if the premises are not delivered within 90 days of the commencement date. The lease section that assesses liquidated damages of $500/day for each day the property is not delivered remains in effect. 6. Section 5 - Deletion of Section 5 of the lease regarding Expansion of Rental Space. 7. Section 6 - Adds the rental rate for the lease extension period that is consistent with the Title Page Terms. 8. Section 8 — Sets out the terms should the City remain in the space on a month to month basis when the lease has expired. 9. Section 12 — Revision that sets out the requirements for landlord approval of any signs to be displayed in the windows or lobby of the building. 10.Subparagraph 4 of Paragraph A of Section 13 — Deletes the requirement that the landlord must provide an air balancing certificate for the HVAC system. City staff indicated that this was unnecessary. 11.Paragraph C of Section 13 — Revision of this section to add the City's acknowledgement that Vanir Development Company is the property management company for the building. 12.Section 17 — Change from the Standard Lease Form 13.Paragraph A of Section 19 — Change from the Standard Lease Form 14.Paragraph A of Section 25 — Revises company information of lessor. 15.Section 40 — Allows the City to terminate the lease after the initial term of the lease. Original lease allowed the City to terminate the lease at any time. 16.Section 41 — Changes the payment schedule for tenant improvements from a two payment process to a single payment after completion of the improvements. Date for completion of improvements was changed to reflect change in commencement date of the lease. 17.Paragraph A of Section 48 - Change from Standard Lease Form 18.Section 52 — Change of Standard Lease Form 20.a Packet Pg. 453 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 19.Exhibit A — legal description of property to be leased 20.Exhibit A-1 21.Exhibit B — Maintenance of leased spaced is revised to acknowledge City provided janitorial service in leased spaces. Fiscal Impact The amendment imposes a rental rate increase for $45,255.54 per month for the optional six month term after the first two years of the lease. The increase would also apply to the second six month extension. Attachments Attachment 1- Resolution; Exhibit A — Proposed Amendment to the Lease Attachment 2- Original Lease Ward: Synopsis of Previous Council Actions:Adoption of Resolution Authorizing City Manager to Execute Lease with Vanir Tower Inc. on November 21, 2016 20.a Packet Pg. 454 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) This page left blank intentionally I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER ONE TO THE LEASE WITH VANIR TOWER 4 BUILDING, INC. FOR 290 NORTH D STREET, SAN BERNARDINO, CALIFORNIA 5 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized to execute Amendment 8 Number One between the City of San Bernardino and Vanir Tower Building, Inc., attached 9 hereto as Exhibit"A" and incorporated herein. 10 11 SECTION 2. The City Manager is hereby authorized to execute any other such 12 documents as may be necessary to effectuate the intention of this Resolution. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 20.a Packet Pg. 455 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AMENDMENT NUMBER ONE TO THE LEASE WITH VANIR TOWER BUILDING, INC. FOR 290 NORTH D STREET, SAN BERNARDINO, CALIFORNIA 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 6 and City Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2017, by the following vote, 8 to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ 12 BARRIOS 13 VALDIVIA 14 SHORETT 15 NICKEL 16 17 RICHARD 18 MULVIHILL 19 20 Georgeann Hanna, CMC, City Clerk 21 The foregoing Resolution is hereby approved this day of 2017. 22 23 24 R. Carey Davis, Mayor 25 City of San Bernardino 26 Approved as to form: Gary D. Saenz, City Attorney 27 28 By. 2 20.a Packet Pg. 456 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING, INC. This Amendment Number One (the "First Amendment") is entered into this — day of 2017, 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. Vanir Tower Building, Inc. (the "LANDLORD") (individually CITY or LANDLORD may be referred to as a "PARTY' and collectively CITY and LANDLORD may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on 2017 the CITY and LANDLORD entered into that certain Lease Agreement (the "Lease") for approximately 23,716 square feet of office space Vanir Tower located at 290 North "D" Street; and, WHEREAS, CITY and LANDLORD desire to amend the Agreement and desire to amend their rights, duties, and liabilities in connection with their performance thereunder; and, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. The Premises of the Lease found on the Title Page shall be amended to read as follows= PREMISES: A portion of Vanir Tower: Two Suites on the Ground Floor Entire Third Floor Two Suites on the Eighth Floor 2. The Commencement Date of the Lease found on the Title Page shall be amended to read as follows: COMMENCEMENT DATE OF LEASE: April 15, 2017 (subject. to Paragraph 3) AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 1 of l I 20.a Packet Pg. 457 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 3. The Initial Monthly Rent of the Lease found on the Title Page shall be amended to read as follows: INITIAL MONTHLY RENT: 42,688.80 Year 1 43,969.46 Year 2 45,288.54 Option to Extend Periods 4. Paragraph A (Initial Term) of Section 3 (Term) shall be amended to read as follows: A. Initial Term. The Lease's initial term ("Initial Term") shall commence on April 15, 2017 ("Commencement Date") and end on April 14, 2019 ("Ending Date"), provided that all Improvements to be constructed by LANDLORD pursuant to Paragraph 41, LANDLORD IMPROVEMENTS, are Substantially Completed (hereinafter defined) and are accepted by CITY. For the purposes of this Lease, "Substantially Completed" shall mean that the Premises can be used for their intended purposes and have been certified for occupancy by the entity that issued the building permits, notwithstanding that minor corrections and/or additions remain to be completed, it being understood that LANDLORD shall promptly complete said corrections and/or additions. In the event the term commences prior to the Commencement Date as the result of CITY's election under subparagraph 3C, Early Possession, the Ending Date shall not be changed. If LANDLORD is unable to Substantially Complete the Improvements or deliver possession of the Premises by the Commencement Date, CITY shall not be liable for any rent with respect to the portion of the Premises that is not Substantially Complete and accepted by CITY. Any such delay in possession shall not affect the Ending Date. 5. Paragraph D (Delay in Possession) of Section 3 (Term) shall be amended to read as follows: D. Delay in Possession. LANDLORD agrees to use all commercially reasonable efforts to deliver possession of the Premises with all of the Improvements Substantially Completed to CITY by the Commencement Date. If as a result of causes beyond LANDLORD's reasonable control, LANDLORD is unable to deliver possession as agreed, this Lease shall not be voidable, nor shall such failure affect the validity of this Lease. If CITY elects to terminate this Lease pursuant to this provision, CITY shall be discharged of all obligations under this Lease. 6. Section 5 (Expansion of Rental Space) shall be removed in its entirety and replaced with a heading reserving the section number. AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 2 of 11 20.a Packet Pg. 458 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 7. Section 6 (Option to Extend Term) shall be amended to read as follows: 6. OPTION TO EXTEND TERM: LANDLORD gives CITY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent, for two (2) six-month option periods ("extended term") following expiration of the Initial Term, by CITY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 8, HOLDING OVER. The rent for the extended term shall be monthly payments of $45,288.54 per month in arrears not later than the last day of each month. 8. Section 8 (Holding Over) shall be amended to read as follows: 8. HOLDING OVER: In the event the CITY shall hold over and continue to occupy the Premises with the consent of the LANDLORD, expressed or implied, 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 Lease, except that, rent during any holdover shall be one hundred ten percent. (110%) of the rent at the end of the Initial Term. Notwithstanding Paragraph 40 CITY'S RIGHT TO TERMINATE LEASE, either party shall have the right to terminate the Lease with not less than sixty (60) days prior written notice to the other party during any holdover tenancy. 9. Section 12 (Signs) shall be amended to read as follows: 12. SIGNS: CITY will display from the windows and/or marquee of the Premises only such sign or signs that have been approved by LANDLORD and that are not prohibited by law. 10. Subparagraph 4 of Paragraph A of Section 13 (Maintenance) shall be amended to read as follows: 4) Heating, ventilation and air conditioning (HVAC) systems servicing the Premises, air-conditioning and heating filters are to be changed quarterly; and, AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OIL SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 3 ot'11 20.a Packet Pg. 459 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 1 L Paragraph C of Section 13 (Maintenance) shall he amended to read as follows: C. The Parties acknowledge that as of the Commencement Date, Vanir Development Company, Inc. is the property management company servicing the Property. CITY, at its option and sole discretion, reserves the right to require the LANDLORD to hire a qualified property management; company to manage the Premises, and that property management services, not limited to maintenance and repair, be performed pursuant to a property management agreement. The Premises must be inspected by the Property Manager at least every other week, beginning the second week after the commencement date, and daily by the janitorial staff, to ensure the Premises are maintained properly. Inspections must, be coordinated with the CITY representative. The CITY has the right to review the selection of the property manager and to review the agreement with the manager. 12. Section 17 (Indemnification) shall be amended to read as follows: 17. INDEMNIFICATION= The LANDLORD agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless the CITY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of LANDLORD's negligent performance or breach of its obligations under this contract; including the acts, errors or omissions of any person and for any costs or expenses incurred by the CITY 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 LANDLORD's indemnification obligation applies to the CITY's "active" as «yell as "passive" negligence but does not apply to the CITY's "sole negligence" or "willful misconduct" within the meaning of Civic Code Section 2782. 13. Paragraph A of Section 19 (Destruction of Premises) shall be amended to read as follows: A. During the term of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then LANDLORD shall, at LANDLORD's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. If LANDLORD does not commence the restoration of the Premises in a substantial and meaningful way within sixty (60) days following the LANDLORD's receipt of written notice of the casualty, or should LANDLORD fail to diligently pursue completion AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 4 of 11 20.a Packet Pg. 460 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) of the restoration of the Premises, or if the time required to restore the Premises is estimated to exceed ninety (90) days, CITY may, at its option, terminate this Lease immediately upon written notice to the LANDLORD. If CITY elects to terminate this Lease pursuant to this provision, CITY shall be discharged of all future obligations under this Lease. Alternatively, if LANDLORD fails to commence the restoration of the Premises or fails to diligently pursue the completion of the restoration as aforesaid, CITY may, at its option and in its sole discretion, after notice to LANDLORD, perform LANDLORD's obligations and restore the Premises. If CITY elects to restore the Premises, CITY shall have the right to be reimbursed for all sums it actually and reasonably expends (including charges for CITY employees and equipment) in the performance of LANDLORD's obligations. The sum paid by CITY shall be due from LANDLORD to CITY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. CITY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. For the purposes of this paragraph, the phrase commence . . . in a substantial and meaningful way" shall mean either the unconditional authorization of the preparation of the required plans, the issuance of any required Building Permits or the beginning of the actual work on the Premises. 14. Paragraph A of Section 25 (Notices) shall be amended to read as follows: A. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by United States mail, postage prepaid, certified or registered, return receipt requested. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notices shall be deemed delivered and effective upon the earlier of (i) actual receipt or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by or United States mail, postage prepaid, certified or registered, return receipt requested. AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDIN'O AND VAN1R TOWER BUILDING,INC. Page 5 of 11 20.a Packet Pg. 461 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) LANDLORD's address: Vann, Tower Building, Inc. ATTN: President 4540 Duckhorn Drive, Suite 100 Sacramento, CA 95834 With a copy to: Vanir Development Company, Inc. ATTN: President 4540 Duckhorn Drive, Suite 100 Sacramento, CA 95834 CITYS address: City of San Bernardino ATTN: City Manager 300 North "D" Street San Bernardino, CA 92418 15. Section 40 (City's Right to Terminate Lease) shall be amended to read as follows: 40. CITY'S RIGHT TO TERMINATE LEASE: The CITY shall have the right to terminate this Lease at any time following the Initial Term whenever CITY, in its sole discretion, determines it would be in CITY' best interests to terminate this Lease. The City Manager shall give LANDLORD notice of any termination pursuant to this paragraph at least. ninety (90) days prior to the date of termination. In the event CITY terminates this Lease pursuant to this Paragraph 40, no termination fees, reimbursement for Improvements, or other costs shall be due or payable to LANDLORD for exercising CITY's termination right, except that LANDLORD shall have the right to receive from CITY the rent which will have been earned under the Lease through the effective termination date and the unamortized portion of LANDLORD's Tenant Improvements, if any. 16. Section 41 (Landlord's Improvements) shall be amended to read as follows: 41. LANDLORD'S IMPROVEMENTS: A. LANDLORD, at its cost, agrees to make the improvements to the Premises set forth in Exhibit "A-1", Premises Specifications Improvements"). The Improvements shall be completed by the Commencement Date. LANDLORD shall, within ninety (90) days after the Commencement Date (or within ninety 90 days of any termination date if the termination date is prior to the Commencement Date), provide CITY receipts, invoices and other AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 6 of I I 20.a Packet Pg. 462 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) billing and/or accounting information necessary to verify the cost of all Improvements. Tenant Improvement costs are payable in a single payment within forty-five (45) days of invoice. B. LANDLORD understands and agrees that from the time that this agreement is executed through the completion of the Improvements pursuant to Exhibit "A-1", Premises Specifications, and acceptance of the improved Premises by CITY, LANDLORD shall not assign or transfer a controlling interest in the Premises to a third party, without. CITY's prior review and approval. 1) LANDLORD understands and agrees to provide to CITY all documents and relevant information concerning any proposed transfer. CITY will have ten (10) CITY working days after receiving all such documents and information to complete its review. Upon CITY approval of an assignment or transfer, the parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises. C. LANDLORD understands and agrees not to make any modifications to the improvement plans and specifications as set forth in Exhibit "A-1", Premises Specifications, without first obtaining approval in the form of an amendment to this Lease. Any changes to these plans and specifications, without first acquiring said approval, will be at the expense of the LANDLORD and not the CITY. D. In the event LANDLORD contracts for the construction of any portion of the Improvements set forth in Exhibit "A-1", Premises Specifications, LANDLORD shall comply with the California Public Contract Code Sections 22000 through 22045 regarding bidding procedures and Labor Code Sections 1720.2 and 1770 et seq. regarding general prevailing wages, including the provisions set forth in Exhibit "F" attached hereto and incorporated herein by reference. LANDLORD shall indemnify and hold harmless CITY and its officers, employees, and agents from any claims, actions, losses, damages and/or liability arising out of the obligations set forth in this subparagraph. The LANDLORD's indemnity obligations shall survive the CITY's tenancy, and shall not be limited by the existence or availability of insurance. E. LANDLORD, at its sole expense, must provide all site plans including elevations of the building and details of the exterior AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 7 of 11 20.a Packet Pg. 463 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) finish), space design plans, construction plans, and a complete set of the bid drawings and specifications for new construction. The bid drawings shall be on reproducible transparent vellum with the architect's/engineer's professional stamp and signature, and also provided to CITY on a compact disc-recordable (CD-R). The file format for the CD-R copy shall be an Adobe Acrobat file (.pdf file extension) AND AutoCAD software (.dwg file extension). The specifications shall be submitted as a reproducible hardeopy and copied on a CD-R with formats compatible with Microsoft Word. LANDLORD agrees and understands that it will construct on the Premises during the period immediately following execution of this Lease, those Improvements shown on the space design and site plans prepared by LANDLORD and approved by CITY. The Improvements shall be constructed in accordance with Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS, and Exhibit "A-1", Premises Specifications. F. LANDLORD and CITY agree that the Improvements are projected to be constructed, completed and certified for occupancy by the CITY, acting in its regulatory capacity, by April 15, 2017 and that the CITY must be able to occupy the improved Premises no later than April 15, 2017. G. LANDLORD agrees that its failure to meet the projected occupancy date will mean that the CITY will not be able to occupy the improved Premises by April 15, 2017, and that the sole remedy of the CITY shall be liquidated damages in accordance with Paragraph 41.I in the event the LANDLORD fails to meet the projected occupancy date. Any such election to terminate by the CITY must be in writing and given to LANDLORD within ninety 90) CITY working days of the projected occupancy date, and before the LANDLORD completes the Improvements and notifies the CITY of such completion. H. LANDLORD agrees to provide the CITY a written progress report every thirty (30) days. The report shall contain update information of construction progress and notification of any permit approval. I. LANDLORD acknowledges that late delivery of the Premises to CITY will cause CITY to incur costs not contemplated by this Lease agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Therefore, if LANDLORD does not deliver the improved Premises by the projected occupancy date of April 15, 2017, LANDLORD agrees to liquidated damages of Five Hundred AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 8 of 11 20.a Packet Pg. 464 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) and 00/00 Dollars ($500.00) for each day's delay from the projected occupancy date of April 15, 2017, to the date the CITY accepts the Premises or terminates this Lease agreement under Paragraph 3.D. Liquidated damages shall be prorated to the extent that a portion of the Premises have been completed and accepted by CITY. The parties agree that this charge represents a fair and reasonable estimate of the costs that CITY will incur by reason of late delivery. Acceptance of any charge shall not constitute a waiver of LANDLORD's default or prevent CITY from exercising any of the other rights and remedies available to CITY. J. Notwithstanding subparagraphs "F", "G" and "I", above, in the event LANDLORD, after exercising all due diligence, is unable to meet the projected occupancy date due to reasons which LANDLORD proves are outside the control of LANDLORD, such reasons include but are not limited to acts of God, unreasonable acts of governmental agencies causing unavoidable delays (the normal and reasonable times for review, action and reasonably anticipated delays by governmental agencies are already included in the timing of the projected occupancy date), strikes, or labor troubles, then the projected occupancy date shall be extended for a period equivalent to the period of such delay. 1) As soon as LANDLORD becomes aware, or should in the exercise of due diligence have become aware of any facts or circumstances that may or will cause such a delay, LANDLORD shall immediately notify CITY of any such delay or anticipated delay. In the event LANDLORD fails to timely notify CITY of any such delay or anticipated delay, LANDLORD, notwithstanding the main portion of this subparagraph "J" above, shall be subject to subparagraph "I", above, for the entire length of any delay. 17. Paragraph A of Section 48 (Hazardous Substances) shall be amended to read as follows: A. LANDLORD hereby represents and warrants that, to the best. of LANDLORD's knowledge, information and belief= (i) the Premises and the property on which the Premises forms a part of are presently free of all Hazardous Substances; (ii) neither the LANDLORD nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, state or local law, regulation, ordinance or other legislation pertaining to AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 9 of 11 20.a Packet Pg. 465 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises and the property on which the Premises forms a part of to date, and the soil, groundwater and vapor on or under the Premises and the property on which the Premises forms a part of is free of Hazardous Substances as of the Commencement Date. 18. Section 52 (Material Misrepresentation) shall be amended to read as follows: 52. MATERIAL MISREPRESENTATION: If during the course of the administration of this lease, the CITY determines that the LANDLORD has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the CITY, and that the CITY has relied to its detriment resulting in damages, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the CITY is entitled to pursue any available legal remedies. 19. Exhibit A to the Agreement is hereby replaced with Exhibit A to this Amendment. 20. Exhibit A-1 to the Agreement is hereby replaced with Exhibit A-1 to this Amendment. 21. Exhibit B to the Agreement is hereby replaced with Exhibit B to this Amendment. 22. All other terms and conditions of the Lease shall remain in full force and effect. Signature Page Follows] AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 10 of 11 20.a Packet Pg. 466 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING, INC. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: February 8 , 2017 LANDLORD Vanir Tower Building, Inc. Its: President Dated 2017 CITY By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: AMENDMENT NUMBER ONE TO THE LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VANIR TOWER BUILDING,INC. Page 11 of 11 20.a Packet Pg. 467 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) EXHIBIT "A" — PREMISES FOR CLARITY: the Premises is comprised of approximately 23,716 square feet of office space located at 290 North "D" Street, San Bernardino, California. Two Suites on the Ground Floor Entire Third Floor Two Suites on the Eighth Floor The suites are identified in the floor plans are attached below. Assessor Parcel Map Number: 0134-311-42-0000 20.a Packet Pg. 468 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) n 9 D ' m o C07 9 0 D v v m a it e li 20.a Packet Pg. 469 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 1 Aa AMU 1 m r.u Mh r•wR 3 THIRD FLOOR-FLOOR PLAN 20.a Packet Pg. 470 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) I II i a i j 1 j i i 1 t i I 1 0 4 _ 1 o O a o o o Ff N A' h i j t t 8 yy, i 20.a Packet Pg. 471 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) EXHIBIT "A-I" — Improvements The improvements are identified below. 2 20.a Packet Pg. 472 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) O C J O B P PP Pj 8 6 d Trip c e " Vanir Tower,City of San Bernardino Ti ba 290 North D St.,San Bernardino,CA 92401 Vanir Development i is 20.a Packet Pg. 473 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 4 o I 4 F FMIT 9 41 alals pill M z s Vattir Tower,City of San Bemardino TJ 290 North D St.,San Bemardino,CA 92401 y y i gaffe Vw&Dev®lopment o t 20.a Packet Pg. 474 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) qL EL_ u 0- WLTJ E3 Cl 21 r.T I IKFi 1, s, M Vanir Tower, City of Sala Bernardino TI 290NOrdi D St,San Bemardino,CA 92401 offs VanirDtyclopuxnt 20.a Packet Pg. 475 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) EXHIBIT "B" LICENSED JANITORIAL AND MAINTENANCE CONTRACTOR SERVICES Janitorial Service to provide/supple all sanitary and paper goods.) DAILY SERVICES: L Empty and damp clean all ashtrays. 2. Empty all waste baskets and other waste containers. 3. Dust mop all tiled/terrazzo floors. 4. Vacuum traffic lanes of carpeting. 5. Dust all desks, chairs, tables, ding cabinets and other office furniture. 6. Damp clean lobby counters. 7. Clean and sanitize rest room fixtures, mirrors, chrome pipes, etc. 8. Clean splash marks from walls of rest rooms. 9. Refill soap, towel and paper containers. 10. Clean and sanitize drinking fountains. 11. Clean hand marks off glass on entrance doors. 12. Damp clean table tops in coffee rooms. 13. Clean kitchen sinks and counters. 14. Sweep entryuTays. 15. Brush down steps of inside stairwells. 16. Vacuum elevator carpet. All carpeted areas are to be vacuumed using a dual motor vacuum with a rotating cylindrical brush, rather than a beater bar. 17. Spot clean all walls and doors including elevator. 18. Spot clean carpets of small spillage, footprints, etc. 19. Keep janitor closets clean and orderly. 20. Remove paper and debris outside main entrance. WEEKLY SERVICE: 1. feet mop all tiled/terrazzo floors. 2. Clean all desk tops and tables that are cleared; clean all chairs. 3. Clean hand marks from walls, doors and woodwork. 4. Vacuum all carpeting completely. All carpeted areas are to be vacuumed using a dual motor vacuum with a rotating cylindrical brush, rather than a beater bar. TWICE-MONTHLY SERVICE: 1. Dust high areas, including window coverings. 2. Vacuum upholstered furniture. 3. Clean lobby directories and fire extinguisher glass. 4. Machine clean and seal all tiled floors. EVERY THREE MONTHS: 1. Vacuum dust and dirt accumulation from au conditioning vents. 2. Brush down cobwebs inside building. 3, leash inside windows and partitions. 4. Replace cartridge in rest room automatic air fresheners. 3 20.a Packet Pg. 476 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) EXHIBIT "B" LICENSED JANTITORIAL AND ALAMENANCE CONTRACTOR SERVICES Continued: WEEKLY SERVICE: 1. Contract with a mat service to supply and replace interior entry= mats with cleaned mats. 2. Replace light bulbs and tubes inside building when needed. ONCE-MONTHLY SERVICE: 1. Licensed pest control. EVERY THREE MONTHS: 1. Carpet to be cleaned by a professional carpet cleaning company using hot water extraction process. 2. Wash exterior and interior windows and partitions. 4 20.a Packet Pg. 477 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 CITY OF SAN BERNARDINO LEASE AGREEMENT LANDLORD: Vanir Tower Building, Inc. 4540 Duckhorn Drive, Suite 1.00 Sacramento, CA 95834 CITY: CITY OF SAN B E RNARDINO 300 N. "D" Street San Bernardino, CA 92418 PREMISES: TERM OF LEASE:Two (2) years with two (2) six-month option to extend periods COMMENCEMENT DATE OF LEASE:December 1, 2016 (subject to Paragraph 3) INITIAL MONTHLY RENT: $42,688.80 per month for Year 1 and 43,969.46 per month for Year 2 20.a Packet Pg. 478 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 TABLE OF CONTENTS PARAGRAPH CAPTION PAGE 1. PARTIES..................................................................... 1 2. PREMISES LEASED 1 3. TERM...................................... 1 4. RENT 2 5. EXPANSION OF RENTAL SPACE.................................................3 6. OPTION TO EXTEND TERM 4 7. RETURN OF PREMISES 4 8. HOLDING OVER ............................................... 5 9. TAXES.............................................. 5 10. USE ...................................................................................................5 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS ...........5 12. SIGNS ...............................................................................................5 13. MAINTENANCE..............................................................................6 14. ALTERATIONS................................................................................ 7 15. FIXTURES........................................................................................7 16. UTILITIES............................................................... 8 17. 1 NDI-4',MNIFI CATION 8 18. INSURANCE REQUIREMENTS AND SPECIFICATIONS..........8 19. DESTRUCTION OF PREMISES................................................... 12 20. LANDLORD'S DEFAULT............................. ................................ 13 21. CITY'S REMEDIES ON LANDLORDS DEFAULT..................... 13 22. CITY'S DEFAULT.......................................................................... 14 23. LANDLORD'S REMEDIES ON CITY'S DEFAULT..................... 14 24. LANDLORD'S ACCESS TO PREMISES ...................................... 14 25. NOTICES..................................................................... 110 26. INCORPORATION OF PRIOR AGREEMENT ............................ 16 27. WAIVERS ... ................................................................................... 16 28. AMENDMENTS............................................................................. 16 29. SUCCESSORS................................................................................ 16 30. SEVERABILITY............................................................................. 16 31. TIME OF ESSENCE .............................................................. ....... 16 32. QUIET ENJOYMENT.................................................................... 16 33. PROVISIONS ARE COVENANTS AND CONDITIONS ............. 16 34. CONSENT ........................................................... 16 35. EXHIBITS....................................................................................... 17 36. LAW .................................................................................. ............. 17 20.a Packet Pg. 479 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 37. VENUE ........................................................................................... 17 38. A'T'TORNEYS' FEES AND COSTS................. . 39. RESERVED .................................................................................... 17 40. CITY'S RIGHT TO TERMINATE L EASE .................................... 17 41. LANDLORD'S IMPROVEMENTS ................................................ 17 42. CAPTIONS. TABLE OF CONTENTS AND COVER PAGE ........20 43. SURVIVAL......................................................................................20 44. FORMER CITY OFFICIALS .........................................................20 45. BROKER'S COMMISSIONS..........................................................21 46. ESTOPPEL CERTIFICATES ........................................................21 47. SUBORDINATION AND ATTORNMENT ...................................21 48. HAZARDOUS SUBSTANCES.......................................................22 49. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY........23 50. CONDITION OF PREMISES ........................................................24 51. CONDEMNATION.........................................................................24 52. MATERIAL MISREPRESENTATION..........................................25 53. INTERPRETATIONS.....................................................................25 54. AUTHORIZED SIGNATORS.........................................................26 EXHIBIT "A" Premises EXHIBIT "A-1" Premises Specifications EXHIBIT "B" Licensed Janitorial and Maintenance Contractor Services EXHIBIT "C" List of Former CITY Officials EXHIBIT "D" Estoppel Certificate EXHIBIT "E" Subordination, Nondisturbance and Attornment Agreement EXHIBIT "F" Prevailing Wage Requirements 20.a Packet Pg. 480 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 LEASE AGREEMENT 1. PARTIES: This lease ("Lease") is made between Vanir Tower Building, Inc. LANDLORD"), and the City of San Bernardino ("CITY"), who agree on the terms and conditions contained in this Lease. LANDLORD hereby represents and warrants to CITY that LANDLORD is the legal owner with sole title to the Property (as defined below), including the Premises (as defined below), and has the right to enter into this Lease without consent or approval from any other parties. In the event of a breach of the foregoing representation and warranty, CITY shall have the right to terminate this Lease with immediate effect and LANDLORD shall indemnify, defend (with counsel reasonably approved by CITY) and hold harmless CITY and its officials, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages and/or liability arising out of said breach. 2. PREMISES LEASED: LANDLORD leases to CITY and CITY leases from LANDLORD certain premises of approximately 23,716 square feet of office space ("Premises"), comprising a portion of the building ("Building") located on the real property commonly known as 290 North "D" Street, San Bernardino, California, APN 0134-311-42-0000 ("Property"). The Premises is more particularly depicted in Exhibit "A" PREMISES. attached hereto and incorporated herein by reference. The parties hereby agree that the Premises shall not be re-measured at any time during the term of the Lease, including any extensions thereof. 3. TERM: A. Initial Term. The Lease's initial term ("Initial Term") shall commence on December 1, 2016 ("Commencement Date") and end on November 30, 2018 Ending Date"), provided that all Improvements to be constructed by LANDLORD pursuant to Paragraph 41, LANDLORD IMPROVEMENTS, are Substantially Completed (hereinafter defined) and are accepted by CITY. For the purposes of this Lease, "Substantially Completed" shall mean that the Premises can be used for their intended purposes and have been certified for occupancy by the entity that issued the building permits, notwithstanding that minor corrections and/or additions remain to be completed, it being understood that LANDLORD shall promptly complete said corrections and/or additions. In the event the term commences prior to the Commencement Date as the result of CITY's election under subparagraph 3C, Early Possession, the Ending Date shall not be changed. If LANDLORD is unable to Substantially Complete the Improvements or deliver possession of the Premises by the Commencement Date, CITY shall not be liable for any rent and this Lease shall not commence until LANDLORD Substantially Completes the Improvements and delivers possession of the Premises to CITY. Any such delay in possession shall not affect the Ending Date. 1 20.a Packet Pg. 481 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 B. Earlv Access. LANDLORD shall allo`v the CITY early access ("Early Access") to the Premises at. any time prior to the Commencement Date for the purpose of the CITY or its representatives installing communications equipment, modular furniture, alarms and such other items that the CITY may reasonably desire and to inspect the status of the construction of the Improvements for the Premises. CITY shall exercise its Early Access rights at a time and in a manner that will not unreasonably interfere with LANDLORD's construction of the Improvements. If CITY totally or partially occupies the Premises under this Early Access provision prior to the Commencement Date, the obligation to pay rent shall be abated for the period of the Early Access. All other terms of this Lease shall, however, be in effect during such period. Any such Early Access shall not affect the Commencement Date or the Ending Date. C. Early Possession. The CITY may elect to totally or partially take possession of the Premises at any time prior to the scheduled Commencement Date Early Possession"). CITY shall exercise its Early Possession rights at a time and in a manner that «rill not unreasonably interfere with LANDLORD's construction of the Improvements. If CITY totally or partially takes possession of the Premises under this Early Possession provision prior to the Commencement. Date, the obligation to pay rent for only that portion of the Premises possessed shall commence for the period of such Early Possession. Such Early Possession shall not be considered as the CITY's acceptance of any portion of the Improvements as Substantially Completed. The CITY may vacate all or any portion it has possessed as Early Possession without in any manner affecting the Commencement Date, the Ending Date or any other portion of the Lease. All other terms of this Lease shall, however, be in effect during such period. Any such Early Possession shall not affect the Commencement Date or the Ending Date. D. Delay in Possession. LANDLORD agrees to use all commercially reasonable efforts to deliver possession of the Premises with all of the Improvements Substantially Completed to CITY by the Commencement Date. If as a result of causes beyond LANDLORD's reasonable control, LANDLORD is unable to deliver possession as agreed, this Lease shall not be voidable, nor shall such failure affect the validity of this Lease. If possession is not delivered within ninety 90) days after the Commencement Date, CITY can elect to terminate this Lease by giving written notice to LANDLORD at any time before LANDLORD delivers possession of the Premises to CITY. If CITY elects to terminate this Lease pursuant to this provision, CITY shall be discharged of all obligations under this Lease. 4. RENT: A. Subject to the completion of the Improvements, receipt of a certificate of occupancy and subject to acceptance of the improved Premises by CITY, CITY shall pay to LANDLORD monthly rental payments of $42,688.80 per month for Year 1 and $43,969.46 for Year 2 for the Premises in arrears not later than the last 2 20.a Packet Pg. 482 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 day of each month, commencing when the term commences, continuing during the term, based on approximately 23,716 square feet of leased space. B. Rent for any partial month shall be prorated based on the actual number of days of the month. LANDLORD shall accept all rent and other payments from CITY under this Lease via electronic funds transfer (EFT) directly deposited into the LANDLORD's designated checking or other bank account. LANDLORD shall promptly comply with directions and accurately complete forms provided by CITY required to process EFT payments. C. If the CITY has accepted the Premises as Substantially Completed with minor corrections and/or additions remaining to be completed, only eighty percent (80%) of the monthly rental will be paid to LANDLORD, and the remaining twenty percent (20%) of the monthly rental will accrue from the Commencement Date of this Lease but will not be paid to LANDLORD until all such minor corrections and/or additions have been completed and accepted by CITY. If the CITY withholds monthly rental payments under this subparagraph, the CITY will not be in default and no interest or service charges will be added to the amounts due LANDLORD upon completion of the minor corrections and/or additions. The minor corrections and/or additions remaining to be completed are subject to subparagraph 13B, MAINTENANCE. 5. EXPANSION OF RENTAL SPACE: A. LANDLORD shall not lease or extend an existing lease covering all or any part of the area of the building in which the Premises are located that is marked on Exhibit "A" as Expansion Space ("Expansion Space") to a third party without first notifying CITY that LANDLORD intends to lease part or all of the Expansion Space. At any time during the term of this Lease that all or any part of the Expansion Space is not leased to a third person, CITY shall have the option to add to the Premises any part or all of the Expansion Space that is not leased to a third party. In the event LANDLORD makes or receives a bona fide offer to actually lease or extend an existing lease on some or all of the Expansion Space, LANDLORD shall provide CITY with written notice of LANDLORD's intention to lease (or extend an existing lease) some or all of the Expansion Space to a third party. LANDLORD's notice to CITY shall include all material terms of the third- party offer. CITY shall have thirty (30) days from CITY's receipt of LANDLORD's notice to determine whether CITY wishes to add any part or all of the Expansion Space identified in the third-party offer to the Premises. LANDLORD shall have the right to lease to a third party (or extend an existing lease with such third party), on the terms set forth in LANDLORD's notice to CITY, any part of the Expansion Space mentioned in the third-party offer as to which CITY has not notified LANDLORD of CITY's agreement to lease within thirty (30) days after CITY's receipt of LANDLORD's notice. If CITY does not exercise its option to add the Expansion Space mentioned in the third party offer to the Premises. and 3 20.a Packet Pg. 483 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 LANDLORD is unable to consummate the transaction described in the third-party offer with such third party, CITY's rights under this paragraph shall be reinstated automatically. Further, CITY's rights under this paragraph shall accrue anytime any of the Expansion Space is not leased to a third party or becomes available. B. If CITY exercises its option to lease the Expansion Space or part of it, the Expansion Space or part of it shall be included within the Premises and leased to CITY pursuant to all provisions of this Lease, including, without The rent payable under this Lease shall be increased proportionately by the sum of (i) the basic rental rate per square foot of floor area for each square foot of floor area in the Expansion Space leased by CITY, as set forth in Subparagraph 6A(1), OPTION TO EXTEND TERM, plus (ii) the cost per square foot of floor area of all improvements made to the Expansion Space leased by CITY amortized over the balance of the unexpired portion of the Initial Term. All Improvements shall be made pursuant to plans and specifications, prepared by LANDLORD and approved by CITY. LANDLORD shall deliver said plans and specifications to CITY within thirty (30) days of CITY's election to lease the Expansion Space, or part thereof. The construction of all Improvements shall be governed by Paragraph 41, LANDLORD'S IMPROVEMENTS. CITY's obligation to pay rent. on the Expansion Space shall be governed by Paragraph 4, RENT. The parties shall immediately execute an amendment to this Lease stating the addition of the Expansion Space or part thereof to the Premises and the additional rent for the Expansion Space. C. If prior to executing this Lease, LANDLORD granted a third party an option to lease or extend an existing lease for all or part of the expansion space, the third party's option will take precedence over the CITY's right of first refusal and option set forth in subparagraph A and B, above. Additionally, if during the term of this Lease, LANDLORD follows the provisions of subparagraphs A and B, above, and thereafter grants a third party an option to lease or extend an existing lease for all or part of the expansion space, the third party's option will take precedence over the CITY's right of first refusal and option set forth in subparagraphs A and B, above. 6. OPTION TO EXTEND TERM: LANDLORD gives CITY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent, for two (2) six-month option periods ("extended term") following expiration of the Initial Term, by CITY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 8, HOLDING OVER. The rent for each extended term shall be the same as during the Initial Term. 7. RETURN OF PREMISES: The CITY agrees that it will, upon the termination of this Lease, return the Premises in a good condition and repair as the Premises now is or shall hereafter be put; reasonable wear and tear expected. 4 20.a Packet Pg. 484 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 8. HOLDING OVER: In the event the CITY shall hold over and continue to occupy the Premises with the consent of the LANDLORD, expressed or implied, 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 Lease. Notwithstanding Paragraph 40 CITY'S RIGHT TO TERMINATE LEASE, either party shall have the right to terininate the Lease with not less than sixty (60) days prior written notice to the other party during any holdover tenancy. 9. TAXES: LANDLORD shall pay all real property taxes, and general and special assessments levied and assessed against the Premises. 10. USE: CITY shall occupy and use the Premises during the term hereof for the purposes of CITY business. 11. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS: A. Compliance with Code Requirements: As a condition precedent to the existence of this Lease, LANDLORD, at its sole expense will ensure the Premises meet, 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, California Title 24 requirements and the Americans with Disabilities Act ("ADA"). Specifically, LANDLORD must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, LANDLORD warrants that any improvements on or in the Premises which have been constructed or installed by LANDLORD or with LANDLORD's consent or at LANDLORD's direction shall comply- with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. LANDLORD also warrants to CITY that LANDLORD has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the LANDLORD shall correct, update and comply with said changes at LANDLORD's cost. B. Access Inspection: No inspection of the Premises, Building, or Property has been performed by a Certified Access Specialist in conjunction with this Lease. For avoidance of doubt, notwithstanding that an inspection of the Premises, Building, or Property has not be performed by a Certified Access Specialist, LANDLORD's obligations under Paragraph I.O.A. shall remain unchanged. 12. SIGNS: CITY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. 5 20.a Packet Pg. 485 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 13. MAINTENANCE: A. Except as specifically provided in subparagraph 13C, below, LANDLORD at its cost shall perform such inspections, maintenance and repairs as 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: 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, 2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by LANDLORD lying outside the Premises; and, 3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and, 4) Heating, ventilation and air conditioning (HVAC) systems servicing the Premises (additionally, air-conditioning and heating filters are to be changed quarterly. Upon commencement of this lease agreement LANDLORD is to provide an air balance certificate and maintenance of HVAC servicing); and, 5) The grounds, including outside lighting, grass, trees, shrubbery and other flora; and, 6) The servicing of fire extinguishers or any other fire suppression equipment attached to the facility; and, 7) Maintenance for the entire Building and janitorial services for common areas. Maintenance and janitorial services must be performed in a workmanlike manner by licensed and qualified independent contractors, as set forth in Exhibit "B", Licensed Janitorial and Maintenance Contractor Services. LANDLORD shall perform maintenance and janitorial services at a time and in manner that will cause the least possible inconvenience, annoyance, or disturbance to CITY. LANDLORD shall follow the carpet manufacture's maintenance requirements and maintain the carpet manufacturer's warranty for the carpet. Hours scheduled for the day janitor are to be reviewed and approved by CITY. The CITY shall perform janitorial services for the Premises. B. Without in any way affecting LANDLORD's duty to inspect, maintain and repair the Premises and regardless of whether any specific notice of need for maintenance or repair is provided to LANDLORD by the CITY, the CITY may request specific maintenance or repairs. Any such request may be made orally, by telephone or otherwise. If, (a) CITY gives notice to LANDLORD of a condition 6 20.a Packet Pg. 486 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 requiring maintenance or repairs, and LANDLORD does not commence the performance of its maintenance or repair obligations within ten (10) days of receiving such notice, or does not diligently prosecute its obligations to completion thereafter, or (b) in the case of an emergency, whether or not CITY has given notice to LANDLORD, LANDLORD does not immediately perform its obligations, CITY can perform the obligations and have the right to be reimbursed for the sum CITY actually and reasonably expends (including charges for CITY employees and equipment) in the performance of LANDLORD's obligations. The sum expended by CITY shall be due from LANDLORD to CITY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. CITY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. C. CITY, at its option and sole discretion, reserves the right to require the LANDLORD to hire a qualified property management company to manage the Premises, and that property management services, not limited to maintenance and repair, be performed pursuant to a property management agreement. The Premises must be inspected by the Property Manager at least every other week, beginning the second week after the commencement date, and daily by the janitorial staff, to ensure the Premises are maintained properly. Inspections must be coordinated with the CITY representative. The CITY has the right to review the selection of the property manager and to review the agreement with the manager. 14. ALTERATIONS: CITY shall not make any structural or exterior improvements or alterations to the Premises without LANDLORD's consent. Any such alterations shall remain on and be surrendered with the Premises on expiration or termination of the Lease. 15, FIXTURES: CITY shall have the right during the term(s) of this Lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the CITY and may be removed by the CITY during the term(s) of this Lease or within a reasonable time thereafter, provided that the CITY restores the Premises to the condition as it existed at the commencement of this Lease, reasonable wear and tear excluded, or the CITY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the LANDLORD, in which case CITY shall have no duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective. 7 20.a Packet Pg. 487 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 16. UTILITIES: LANDLORD shall furnish to the Premises and pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities. CITY shall furnish and pay for security, vending machines, computers, internet and its own telephone service including pay telephones. 17. INDEMNIFICATION: The LANDLORD agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless the CITY 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 CITY 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 LANDLORD's indemnification obligation applies to the CITY's "active" as well as "passive" negligence but does not apply to the CITY's "sole negligence" or "willful misconduct" within the meaning of Civic Code Section 2782. 18. INSURANCE REQUIREMENTS AND SPECIFICATIONS: A. CITY is a self-insured public entity for purposes of professional liability, general liability and workers' compensation. B. The LANDLORD agrees to provide insurance set forth in accordance with the requirements herein. If the LANDLORD uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the LANDLORD agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the lease hereunder. Without in anyway affecting the indemnity herein provided and in addition thereto, the LANDLORD shall secure and maintain throughout the contract term the following types of insurance with limits as shown: 1) Workers' Compensation/Employers 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 $200,000 limits covering all persons including volunteers providing services on behalf of the LANDLORD and all risks to such persons under this lease agreement. If LANDLORD has no employees, it may certify or warrant to the CITY that is 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 CITY's Director of Risk Management. If, LANDLORD is a non-profit corporation, organized under California or Federal law, volunteers for LANDLORD are required to be covered by Workers' Compensation insurance. 8 20.a Packet Pg. 488 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 2) Commercial/General Liability Insurance - The LANDLORD shall carry General Liability Insurance covering all operations performed by or on behalf of the LANDLORD 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. 3) Commercial Property Insurance providing all risk coverage for the leased premises, building, fixtures, equipment and all property constituting a part of the premises. Coverage shall be sufficient to insure One Hundred percent 100%) of the replacement cost. 4) 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 I (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. 5) 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. C. If LANDLORD performs any construction of the Premises on behalf of the CITY, LANDLORD shall also procure and maintain coverages as follows: 1) For construction contracts for projects over One Million Dollars 1,000,000) and less than Three Million Dollars ($3,000,000) require limits of not less than Three Million Dollars in General Liability and Auto Liability coverage. 2) For construction contracts for projects over Three Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less than Five Million Dollars ($5,000,000) in General Liability and Auto Liability coverage. 9 20.a Packet Pg. 489 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 3) For construction contracts for projects over Five Million Dollars 5,000,000) and less than Ten Million Dollars ($10,000,000) require limits of not less than Ten Million Dollars (10,000,000) in General Liability and Auto Liability coverage. 4) Subcontractor Insurance Requirements. The LANDLORD agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operation with the basic requirements for all contracts in B1 and the insurance sections for all contracts in B2, (including waiver of subrogation rights) and naming the CITY as an additional insured. The LANDLORD agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. 5) Course of Construction/Installation (Builder's Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project. The insurance policy shall not have any coinsurance penalty. D. Additional Insured — All policies, except for the Workers' Compensation, shall contain endorsements naming the CITY and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the use under this lease hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY 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. E. Waiver of Subrogation Rights — The LANDLORD shall require the carriers of required coverages to waive all rights of subrogation against the CITY, their officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the LANDLORD and LANDLORD's employees or agents from waiving the right of subrogation prior to a loss or claim. The LANDLORD hereby waives all rights of subrogation against the CITY. F. 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 CITY. G. Severability of Interests — The LANDLORD 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 LANDLORD and the CITY or between the CITY and any other insured or additional insured under the policy. 10 20.a Packet Pg. 490 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 H. Proof of Coverage — The LANDLORD shall furnish Certificates of Insurance to the CITY evidencing the insurance coverage, including endorsements; as required, 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 CITY, and LANDLORD shall maintain such insurance from the time LANDLORD commences use under the lease hereunder until the end of the period of the lease. Within fifteen (15) days of the commencement of this contract, the LANDLORD 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. I.Acceptability of Insurance Carrier — Unless otherwise approved by the CITY's Risk Management Division, 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". J. 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 CITY's Risk Management Division. K. Insurance Review — Insurance requirements are subject to periodic review by the CITY. The CITY's Human Resources Director or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever the CITY s Risk Management Division determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the CITY. In addition, the CITY's Director of Human Resources 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 CITY, inflation, or any other item reasonably related to the CITY's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this lease. LANDLORD agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of CITY 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 CITY. L. Failure to Procure Insurance. All insurance required must be maintained in force at all times by LANDLORD. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the CITY to give notice to immediately suspend all LANDLORD's business activities on the Premises. Failure to reinstate said insurance within the (10) days of notice to do so shall be cause for termination and for forfeiture of this agreement, and/or CITY, at its discretion, may 11 20.a Packet Pg. 491 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2.016-240 procure or renew such insurance and pay any and all premiums in connection therevvith, and all monies so paid by CITY shall be repaid by LANDLORD to CITY upon demand but only for t lie pro rata period of non-compliance. M. CITY shall have no liability for any premiums charged for such coverage(s). The inclusion of CITY as additional named insured is not intended to and shall not make a partner or joint venturer with LANDLORD in LANDLORD's operations. N. The LANDLORD agrees to require all parties or subcontractors, or others it hires or contracts with related to the use of this lease to provide insurance covering such use with the basic requirements and naming the CITY as additional insured. LICENSEE agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required herein. 19. DESTRUCTION OF PREMISES: A. During the term of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then LANDLORD shall, at LANDLORD's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. If LANDLORD does not commence the restoration of the Premises in a substantial and meaningful way within thirty (30) days following the LANDLORD's receipt of written notice of the casualty, or should LANDLORD fail to diligently pursue completion of the restoration of the Premises, or if the time required to restore the Premises is estimated to exceed ninety (90) days, CITY may, at its option, terminate this Lease immediately upon written notice to the LANDLORD. If CITY elects to terminate this Lease pursuant to this provision, CITY shall be discharged of all future obligations under this Lease. Alternatively, if LANDLORD fails to commence the restoration of the Premises or fails to diligently pursue the completion of the restoration as aforesaid, CITY may, at its option and in its sole discretion, after notice to LANDLORD, perform LANDLORD's obligations and restore the Premises. If CITY elects to restore the Premises, CITY shall have the right to be reimbursed for all sums it actually and reasonably expends (including charges for CITY employees and equipment) in the performance of LANDLORD's obligations. The sum paid by CITY shall be due from LANDLORD to CITY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it.. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set. forth in particular paragraphs of this Lease. CITY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. For the purposes of this paragraph, the phrase "commence . . . in a substantial and meaningful way" 12 20.a Packet Pg. 492 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 shall mean either the unconditional authorization of the preparation of the required plans, the issuance of any required Building Permits or the beginning of the actual work on the Premises. B. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, there shall be an abatement or reduction of the rent, between the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent; shall be in proportion to the degree to which CITY' use of the Premises is impaired. C. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, and the Lease is riot terminated because of such destruction, LANDLORD agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises. D. In the event LANDLORD is required to restore the Premises as provided in this paragraph, LANDLORD shall restore, at LANDLORD's expense, any structural or exterior improvements or alterations to the Premises made by CITY pursuant to Paragraph 14, ALTERATIONS, of this Lease, but shall not. be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the CITY pursuant to Paragraph 1.5, FIXTURES, of this Lease. E. It. is the purpose and intent of this paragraph to determine who 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. 20. LANDLORD'S DEFAULT: Except where another time limit is specifically provided, LANDLORD shall be in default of this Lease if LANDLORD fails or refuses to perform any material provisions of this Lease and such failure or refusal to perform is not cured within thirty (30) days following LANDLORD' receipt of written notice of default from CITY. If the default cannot reasonably be cured within thirty (30) days, LANDLORD shall not be in default of this Lease if LANDLORD commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. 21. CITY'S REMEDIES ON LANDLORD'S DEFAULT: CITY, at any time after LANDLORD is in default, can terminate this Lease immediately upon written notice to LANDLORD or can cure the default at LANDLORD' cost. If CITY at any time, by reason of LANDLORDS default, pays any sum or does any act that requires the payment of any sum (including charges for CITY' employees and equipment), the sum paid by CITY shall be due from LANDLORD to CITY within five (5) days of notice of such sum, and if paid at a latter date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum 13 20.a Packet Pg. 493 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. 22. CITY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by CITY: A. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by CITY. B. The failure by CITY to perform any material provisions of this Lease to be performed by CITY, including the payment of rent, where such failure shall continue for a period of thirty (30) days after notice by LANDLORD to CITY; provided, however, that if the nature of CITY' default is such that more than thirty 30) days are reasonably required for its cure, then CITY shall not be deemed to be in default if CITY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California. 23. LANDLORD'S REMEDIES ON CITY'S DEFAULT: Whenever any Event of Default referred to in Section 22 hereof shall have happened and be continuing, it shall be lawful for the LANDLORD to exercise any and all remedies available pursuant to law or granted pursuant to this Lease; provided, however, that notwithstanding anything herein to the contrary, there shall be no right under any circumstances to accelerate the Rent or otherwise declare any Rent not then in Default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the CITY is expressly made a condition and upon the breach thereof the LANDLORD may, at its option, terminate this Lease. In the event of such Event of Default, the CITY shall continue to remain liable for the payment of the Rent and/or damages for breach of this Lease and the performance of all conditions herein contained and, in any event such rent and/or damages shall be payable to the LANDLORD only at the same time and in the same manner as provided for the payment of Rent. 24. LANDLORD'S ACCESS TO PREMISES: LANDLORD and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes: A. To determine whether the Premises are in good condition; and, B. To do any necessary maintenance and to make any restoration to the Premises that LANDLORD has the right or obligation to perform; and 14 20.a Packet Pg. 494 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 C. To serve, post, or keep posted any notices required by law; and, U. To post "for sale" signs at any time during the terin, to post "for rent." or "for Lease" signs during the last. three (3) months of the term; and, E. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at, any time during the term. LANDLORD shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to CITY. 25. NOTICES: A. Any notice, demand, request, consent., approval, or communication that either party desires or is required to give to the other party or any other person shall be in «-riting and either served personally or sent, by United States mail, postage prepaid, certified or registered, return receipt requested. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notices shall be deemed delivered and effective upon the earlier of (1) actual receipt or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by or United States mail, postage prepaid, certified or registered, return receipt requested. LANDLORD's address: Vanir Tower Building, Inc. 4540 Duckhorn Drive, Suite 100 Sacramento, CA 95834 CITY's address: City of San Bernardino ATTN: City Manager 300 North "D" Street. San Bernardino, CA 92418 B. If, at any time after the CITY accepts the Premises, the LANDLORD assigns or transfers a non-controlling interest of its rights in the Premises to a third party, LANDLORD must notify CITY of its action at least fifteen (15) CITY working days prior to completing any such action. C. If, at any time after the CITY accepts the Premises, the LANDLORD assigns or transfers a controlling interest of its rights in the Premises to a third party, LANDLORD must notify CITY of its action at least fifteen (15) CITY working days prior to completing any such action. The new owner must provide CITY with 15 20.a Packet Pg. 495 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 evidence of completion of such action. The parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises. 1) Within fifteen (15) CITY working days of completing any action which affects a change in the ownership of the Premises, the new owner must provide CITY evidence of obtaining insurance in compliance with Paragraph 17, INDEMNIFICATION and Paragraph 18, INSURANCE REQUIREMENTS AND SPECIFICATIONS. 26. INCORPORATION OF PRIOR AGREEMENT= This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 27. WAIVERS: No waiver by either party of any provisions of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions. 28. AMENDMENTS: No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Lease. 29. SUCCESSORS: This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 30. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Lease or any other portion thereof. 31. TIME OF ESSENCE: Time is of the essence of each provision of this Lease 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 Lease and conditioned upon performance of all the provisions to be performed by CITY hereunder, LANDLORD shall secure to CITY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto. 33. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be 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. 16 20.a Packet Pg. 496 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 35. EXHIBITS: All exhibits referred to are attached to this Lease and incorporated by reference. 36. LAW: This Lease shall be construed and interpreted in accordance with the laws of the State of California. 37. VENUE: The parties acknowledge and agree that this Lease was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Lease will be the Superior Court of California, County of San Bernardino. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino. 38, ATTORNEYS' FEES AND COSTS= If any legal action is instituted to enforce or declare any pasty's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against the CITY, including such costs and attorneys' fees payable under Paragraph 17, INDEMNIFICATION, Paragraph 48, HAZARDOUS SUBSTANCES, and Paragraph 49, PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY. 39, RESERVED: 40. CITY'S RIGHT TO TERMINATE LEASE: The CITY shall have the right to terminate this Lease at any time whenever CITY, in its sole discretion, determines it would be in CITY's best interests to terminate this Lease. The City Manager shall give LANDLORD notice of any termination pursuant to this paragraph at least ninety (90) days prior to the date of termination. In the event CITY terminates this Lease pursuant to this Paragraph 40, no termination fees, reimbursement for Improvements, or other costs shall be due or payable to LANDLORD for exercising CITY's termination right, except that LANDLORD shall have the right to receive from CITY the rent which will have been earned under the Lease through the effective termination date. 41. LANDLORD'S IMPROVEMENTS: A. LANDLORD, at its cost, agrees to make the improvements to the Premises set forth in Exhibit "A-1", Premises Specifications ("Improvements"). The Improvements shall be completed by the Commencement Date. LANDLORD shall, within ninety (90) days after the Commencement Date (or within ninety [901 days of any termination date if the termination date is prior to the Commencement Date), provide CITY receipts, invoices and other billing and/or accounting information 17 20.a Packet Pg. 497 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 necessary to verify the cost of all Improvements Tenant Improvement costs are payable in 2 payments on December 1, 2016 and December 1, 2017. B. LANDLORD understands and agrees that from the time that this agreement is executed through the completion of the Improvements pursuant to Exhibit "A-1", Premises Specifications, and acceptance of the improved Premises by CITY, LANDLORD shall not assign or transfer a controlling interest in the Premises to a third party, without CITY's prior review and approval. 1) LANDLORD understands and agrees to provide to CITY all documents and relevant information concerning any proposed transfer. CITY will have ten (10) CITY working days after receiving all such documents and information to complete its review. Upon CITY approval of an assignment or transfer, the parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises. C. LANDLORD understands and agrees not to make any modifications to the improvement plans and specifications as set forth in Exhibit "A-1", Premises Specifications, without first obtaining approval in the form of an amendment to this Lease. Any changes to these plans and specifications, without first acquiring said approval, will be at the expense of the LANDLORD and not the CITY. D. In the event LANDLORD contracts for the construction of any portion of the Improvements set forth in Exhibit "A-1", Premises Specifications, LANDLORD shall comply with the California Public Contract Code Sections 22000 through 22045 regarding bidding procedures and Labor Code Sections 1720.2 and 1770 et seq. regarding general prevailing wages, including the provisions set forth in Exhibit "F" attached hereto and incorporated herein by reference. LANDLORD shall indemnify and hold harmless CITY and its officers, employees, and agents from any claims, actions, losses, damages and/or liability arising out of the obligations set forth in this subparagraph. The LANDLORD's indemnity obligations shall survive the CITY's tenancy, and shall not be limited by the existence or availability of insurance. E. LANDLORD, at its sole expense, must provide all site plans (including elevations of the building and details of the exterior finish), space design plans, construction plans, and a complete set of the bid drawings and specifications. The bid drawings shall be on reproducible transparent vellum with the architect's/engineer's professional stamp and signature, and also provided to CITY on a compact disc-recordable (CD-R). The file format for the CD-R copy shall be an Adobe Acrobat file (.pdf file extension) AND AutoCAD software (.dwg file extension). The specifications shall be submitted as a reproducible hardcopy and copied on a CD-R with formats compatible with Microsoft Word. LANDLORD agrees and understands that it will construct on the Premises during the period immediately following execution of this Lease, those Improvements shown on the space design and site plans prepared by LANDLORD and approved by CITY. The 18 20.a Packet Pg. 498 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 Improvements shall be constructed in accordance with Paragraph 11, HEALTH, SAFETY AND FIRE CODE REQUIREMENTS, and Exhibit "A-1", Premises Specifications. F. LANDLORD and CITY agree that the Improvements are projected to be constructed, completed and certified for occupancy by the CITY, acting in its regulatory capacity, by 201_, and that the CITY must be able to occupy the improved Premises no later than 201_. In order to meet the projected occupancy date, the parties have agreed upon the following Project Construction Schedule setting forth the essential elements of construction, the projected completion dates, and the critical completion dates for each element. Those dates are as follows: 1) Preparation and Submittal of Building and Site Plans to the City of San Bernardino: Projected Completion Date: 201_. Critical Completion Date: 201—, 2) Approval and Permit Issuance of Building and Site Plans by City Agencies: Projected Completion Date: 201_. Critical Completion Date: 201_. 3) Tenant Improvement Plan Preparation and Submittal to City: Projected Completion Date: 201_. Critical Completion Date: 201_. 4) Permit Issuance for Tenant Improvements: Projected Completion Date: 201_. Critical Completion Date: 201 5) Site Work and Building Construction: Projected Completion Date: 201_. Critical Completion Date: 201_. 6) Construction of Tenant Improvements and Certified for Occupancy: Projected Completion Date: 201_. Critical Completion Date:201_. G. LANDLORD agrees that its failure to meet any of the above Critical Completion Date(s) will mean that the CITY will not be able to occupy the improved Premises by 201_, and that the CITY may therefore elect to terminate this Lease in the event the LANDLORD fails to meet any of said dates. Any such election to terminate by the CITY must be in writing and given to LANDLORD within ninety (90) CITY working days of the missed Critical Completion Date, and before the LANDLORD completes the element and notifies the CITY of such completion. 19 20.a Packet Pg. 499 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 H. LANDLORD agrees to provide the CITY a written progress report every thirty (30) days. The report shall contain up-date information of construction progress and notification of any permit approval. LANDLORD shall immediately notify CITY of the completion of every element in the Project Construction Schedule. 1.LANDLORD acknowledges that late delivery of the Premises to CITY will cause CITY to incur costs not contemplated by this Lease agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Therefore, if LANDLORD does not deliver the improved Premises by the projected occupancy date of 201_, LANDLORD agrees to liquidated damages of Five Hundred and 00/00 Dollars ($500.00) for each day's delay from the projected occupancy date of 201_, to the date the CITY accepts the Premises or terminates this Lease agreement. The parties agree that this charge represents a fair and reasonable estimate of the costs that CITY will incur by reason of late delivery. Acceptance of any charge shall not constitute a waiver of LANDLORD's default or prevent CITY from exercising any of the other rights and remedies available to CITY. J.Notwithstanding subparagraphs "F", "G" and "I", above, in the event LANDLORD, after exercising all due diligence, is unable to meet any of the above mentioned Critical Completion Dates due to reasons which LANDLORD proves are outside the control of LANDLORD, such reasons include but are not limited to acts of God, unreasonable acts of governmental agencies causing unavoidable delays (the normal and reasonable tunes for review, action and reasonably anticipated delays by governmental agencies are already included in the timing of the Critical Completion Dates), strikes, or labor troubles, then the Critical Completion Dates(s) shall be extended for a period equivalent to the period of such delay. 1) As soon as LANDLORD becomes aware, or should in the exercise of due diligence have become aware of any facts or circumstances that may or will cause such a delay, LANDLORD shall immediately notify CITY of any such delay or anticipated delay. In the event LANDLORD fails to timely notify CITY of any such delay or anticipated delay, LANDLORD, notwithstanding the main portion of this subparagraph "J" above, shall be subject to subparagraph "I", above, for the entire length of any delay. 42. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE= The paragraph captions, table of contents and the cover page of this Lease shall have no effect on its interpretations. 43. SURVIVAL: The obligations of the parties that, by their nature, continue beyond the term of this Lease, will survive the termination of this Lease. 44. FORMER CITY OFFICIALS: LANDLORD agrees to provide or has already provided information on former CITY administrative officials (as defined below) 20 20.a Packet Pg. 500 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 who are employed by or represent LANDLORD. The information provided includes a list of former CITY administrative officials who terminated CITY employment within the last five years and «,ho are now officers, principals, partners, associates or members of the business. The information should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this provision; "CITY administrative official" is defined as a member of the Mayor and Common Council or such official's staff, City Manager or member of such officer's staff, CITY department head, assistant department head, or any employee in the San Bernardino Confidential Management Unit. (See Exhibit "C", List of Former CITY Officials.) 45. BROKER'S COMMISSIONS= LANDLORD is solely responsible for the payment of any commissions to any broker who has negotiated or otherwise provided services in connection with this Lease. 46. ESTOPPEL CERTIFICATES: Each party within thirty (30) days after notice from the other party, shall execute and deliver to other party, in recordable form, a certificate stating that this Lease 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 amount of minimum monthly rent, the dates 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 the certificate within thirty (30) days shall be conclusive upon the party requesting the certificate and any successor to the party requesting the certificate, that this Lease 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. The estoppel certificate shall be in the form as shown in Exhibit "D", Estoppel Certificate. 47. SUBORDINATION AND ATTORNMENT: A. As a condition precedent to the CITY'S obligations under this Lease, LANDLORD shall obtain from each holder of a lien or encumbrance on the Premises which is senior to this Lease either an executed recordable subordination agreement which subordinates such lien or encumbrance to this Lease, or a non- disturbance agreement which contains terms at least as favorable to the CITY as those set forth in paragraph 2 ("Nondisturbance") of Exhibit "E", Subordination, Nondisturbance and Attornment Agreement, hereto. B. If, after execution of this Lease, a subsequent lienor requires that this Lease be subordinate to any such encumbrance, this Lease shall be subordinate to that encumbrance if, and only if, LANDLORD first obtains from the subsequent lienor an executed subordination, nondisturbance and attornment agreement, the terms-of which are at least as favorable to the CITY as those set forth in Exhibit 21 20.a Packet Pg. 501 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 E", Subordination, Nondisturbance and Attornment Agreement hereto. If the City Attorney approves the form of a subordination, nondisturbance and attornment agreement pursuant, to this subparagraph, and if such agreement is executed by the subsequent lienor, then the City Manager is authorized on behalf of the CITY to, and shall, execute such agreement, and shall further execute any other documents required by the lender to accomplish the purposes of this paragraph, provided such other documents are consistent with the terms of the subordination, nondisturbance and attornment agreement and this Lease. 48. HAZARDOUS SUBSTANCES: A. LANDLORD hereby represents and warrants that, to the best of LANDLORD's knowledge, information and belief: (i) the Premises and the property on which the Premises forms a part of have not been exposed to Hazardous Substances and are presently free of all Hazardous Substances; (ii) neither the LANDLORD nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, state or local law, regulation, ordinance or other legislation pertaining to air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises and the property on which the Premises forms a part of to date, and the soil, groundwater and vapor on or under the Premises and the property on which the Premises forms a part of is free of Hazardous Substances as of the Commencement Date. B. LANDLORD shall indemnify, protect, defend (with counsel reasonably approved by CITY) and hold CITY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages, liabilities, judgments, costs, claims; expenses, penalties, including attorneys' and consultant's fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises and the property on which the Premises forms a part of: (i) prior to the Commencement Date of this Lease; and (ii) not caused by CITY during the term, including any extended terms. Additionally, the issuance of an order by any governmental authority directing the LANDLORD or any of LANDLORD's other tenants or licensees on the property of which the Premises forms a part to cease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the LANDLORD or any person acting under LANDLORD's direct control and authority is a breach of this Contract, and LANDLORD shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by CITY in connection with or in response to such order. LANDLORD's obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered 22 20.a Packet Pg. 502 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 by CITY, and the cost of investigation, removal, remediation, restoration and/or abatement thereof. LANDLORD's obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by CITY and LANDLORD shall release LANDLORD from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by CITY in writing. C. For the purposes of this paragraph, the following definitions shall apply: 1) "Hazardous Substance," as used in this Lease, shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises and the property on which the Premises forms a part of', is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises and the property on Nvhich the Premises forms a part of, (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of LANDLORD or CITY under any applicable statute or common law theory. 2) "Reportable use" shall mean (i) the installation or use of any above- or below-ground storage tank; (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report; notice, registration or business plan is required to be filed with any governmental authority and/or (iii) the presence at the Premises and the property on which the Premises forms a part of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises and the property on which the Premises forms a part of or neighboring properties. 3) The term "applicable requirements" shall be deemed to refer to all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances. 49. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY: A. All information received by the CITY from the LANDLORD or any source concerning this Lease, including the Lease itself, may be treated by the CITY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et sea. (the "Public Records Act"). LANDLORD understands that although all materials received by the CITY in connection with this Lease are intended for the exclusive use of the CITY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which a LANDLORD has reasonably requested CITY to hold in confidence is made to the CITY,- the CITY shall notify the LANDLORD of the request and shall thereafter 23 20.a Packet Pg. 503 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 disclose the requested information unless the LANDLORD, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides CITY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the CITY harmless in any/all actions brought to require disclosure. LANDLORD waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event CITY fails to notify LANDLORD of any such disclosure request and/or releases any information concerning this Lease received from the LANDLORD or any other source. B. Confidentiality. LANDLORD acknowledges that the premises will be used by CITY for the processing and storage of confidential information protected from unlawful access and disclosure by federal, state and local laws. CITY and its officers, agents, volunteers and employees, agree to comply with relevant federal, state and local laws pertaining to the security and protection of such confidential information while on the premises. LANDLORD agrees that it will prevent any unlawful access to or disclosure of the confidential information by LANDLORD, its officers, agents, volunteers, employees and contractors. LANDLORD agrees that all entities with which LANDLORD contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential information, and that said entities will agree to the same in writing. LANDLORD acknowledges that any unlawful access to or disclosure of confidential information may result in the imposition of civil and criminal sanctions. 50. CONDITION OF PREMISES: LANDLORD shall deliver the Premises to CITY clean and free of debris on the Commencement Date and warrants to CITY that the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and loading doors, if any, in the Premises shall be in good operating condition on the Commencement Date. 51. CONDEMNATION: A. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called " condemnation''), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas or that portion of the Premises designated for CITY s parking, is taken by condemnation, CITY may, at CITY'S option, to be exercised in writing within thirty (30) days after LANDLORD shall have given CITY written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If CITY does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of 24 20.a Packet Pg. 504 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. CITY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power of eminent domain or any payment: made under threat of the exercise of such power: (a) one hunched percent (100%) of any amount attributable to any excess of the market value of the Premises for the remainder of the Lease Term over the present value as of the Termination Date of the Rent payable for the remainder of the Lease Term (commonly referred to as the "bonus value" of the Lease); and (b) CITY shall have the right to make a separate claim in the Condemnation proceeding for: (i) The taking of the amortized or undepreciated value of any trade fixtures or leasehold improvements owned by CITY that CITY has the right to remove at the end of the Lease term and that CITY elects not to remove; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that CITY has the right to remove and elects to remove (if Condemnor approves of the removal); (iii) Loss of goodwill; (iv) Relocation costs under Government. Code section 7262, the claim for which CITY may pursue by separate action independent of this Lease; and (v) Any other amount in addition to the foregoing that the CITY is allowed under condemnation law. B. CITY shall have the right to negotiate directly with Condemnor for the recovery of the portion of the Award that CITY is entitled to under subparagraph B) of this paragraph. In the event that this Lease is not terminated by reason of such condemnation, LANDLORD shall repair any damage to the Premises caused by such condemnation authority pursuant to Paragraph 13, MAINTENANCE, and Paragraph 19, DESTRUCTION OF PREMISES. 52. MATERIAL MISREPRESENTATION: If during the course of the administration of this lease, the CITY determines that the LANDLORD has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the CITY, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the CITY is entitled to pursue any available legal remedies. 53. INTERPRETATIONS: As this Lease was jointly prepared by both parties, the language in all parts of this Lease shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. 25 20.a Packet Pg. 505 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 54. AUTHORIZED SIGNATORS: Both parties to this Lease represent that the signators executing this document are fully authorized to enter into this agreement. END OF LEASE TERMS. CITY OF SAN BERNARDINO LANDLORD: Vanir Tower Building, Inc. z Mark Scott, City Manager N' me) Dore e C Domi e Date: 4,17 Title: President ATTEST: GEORGEANN HANNA, City Clerk Date February 8, 2017 By: By' Name) H. Vincent McLaughlin Date: Title: Secretary Approved as to Legal Form: Date:-February 8, 2017 GARY D. SAENZ, City Attorney City of San Bernardino By: n Date a `4/ 1 -7 26 20.a Packet Pg. 506 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EX11II3IT "A" —PREAUSES FOR CLARITY: the Premises is comprised of approximately _ square feet of office space located at CA. Assessor Parcel :Flap Number: 1 20.a Packet Pg. 507 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "B" LICENSED JANITORIAL AND MAINTENANCE CONTRACTOR SERVICES Janitorial Service to provide/supply all sanitary and paper goods.) DAILY SERVICES: 1. Empty and damp clean all ashtrays. 2. Empty all waste baskets and other waste containers. 3. Dust mop all tiled/terrazzo floors. 4. Vacuum traffic lanes of carpeting. 5. Dust all desks, chairs, tables, filing cabinets and other office furniture. 6. Damp clean lobby counters. 7. Clean and sanitize rest room fixtures, mirrors, chrome pipes, etc. 8. Clean splash marks from walls of rest rooms. 9. Refill soap, towel and paper containers. 10. Clean and sanitize drinking fountains. 11. Clean hand marks off glass on entrance doors. 12. Damp clean table tops in coffee rooms. 13. Clean kitchen sinks and counters. 14. Sweep entryways. 15. Brush down steps of inside stairwells. 16. Vacuum elevator carpet. All carpeted areas are to be vacuumed using a dual motor vacuum with a rotating cylindrical brush, rather than a beater bar. 17. Spot clean all walls and doors including elevator. 18. Spot clean carpets of small spillage, footprints, etc. 19. Keep janitor closets clean and orderly. 20. Remove paper and debris outside main entrance. WEEKLY SERVICE: 1. Wet mop all tiled/terrazzo floors. 2. Clean all desk tops and tables that are cleared; clean all chairs. 3. Clean hand marks from walls, doors and woodwork. 4. Vacuum all carpeting completely. All carpeted areas are to be vacuumed using a dual motor vacuum with a rotating cylindrical brush, rather than a beater bar. TWICE-MONTHLY SERVICE: 1. Dust high areas, including window coverings. 2. Vacuum upholstered furniture. 3. Clean lobby directories and fire extinguisher glass. 4. Machine clean and seal all tiled floors. EVERY THREE MONTHS: 1. Vacuum dust and dirt accumulation from air conditioning vents. 2. Brush down cobwebs inside building. 3. Wash inside windows and partitions. 4. Replace cartridge in rest room automatic air fresheners. 2 20.a Packet Pg. 508 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 The above are considered the minimum standard janitorial items, and are to be performed by a licensed janitorial contractor. Landlord is responsible for providing all services related to the health and cleanliness of the leased facility., The following services are to be performed by a licensed maintenance contractor.Page 1 of 2 3 20.a Packet Pg. 509 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "B" - FOR HSS PROJECTS ONLY LICENSED JANITORIAL AND MAINTENANCE CONTRACTOR SERVICES Continued WEEKLY SERVICE: 1. Contract with a mat service to supply and replace interior entry mats with cleaned mats. 2. Replace light bulbs and tubes inside building when needed. ONCE-MONTHLY SERVICE: 1. Licensed pest control. EVERY THREE MONTHS: 1. Carpet to be cleaned by a professional carpet cleaning company using hot water extraction process. 2. Wash exterior and interior windows and partitions. 4 20.a Packet Pg. 510 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "C" LIST OF FORMER CITY OFFICIALS INSTRUCTIONS: List the full name of the former CITY Official, the title/description of the Official's last position with the CITY, the date the Official terminated CITY employment, the Official's current employment and/or representative capacity with the LANDLORD, the date the Official entered LANDLORD's employment and/or representation. OFFICIAL'S NAME: REQUIRED INFORMATION 1 20.a Packet Pg. 511 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "D" - ESTOPPEL CERTIFICATE Date: To: Re: address) city) The undersigned ("CITY") hereby certifies as follows: 1. CITY is in possession of California (the "Premises"). CITY leases the Premises under a written Lease agreement dated 20 , Lease Agreement No. the "Lease"). wherein CITY is the lessee or tenant, and Owner") is the lessor or landlord. 2. The Lease is in fill force and effect- and has not been amended, supplemented or changed, except as follows: 3. The term of the Lease commenced on 20 , and is scheduled to expire 20_. CITY has no right or option to renew or extend the term of the Lease except as to the following= year options. 4. CITY's current monthly rental is payable on the last day of each month. 5. CITY currently has no security deposit with Owner. 6. CITY is not in default under the terms of the Lease and no condition exists which, with the passage of time or the giving of notice, or both, would constitute such a default. To the best of CITY's knowledge, Owner is not in default, under the terms of the Lease, and no condition exists which, with the passage of time or the giving notice, or both, would constitute such a default. 7. CITY hereby certifies that the foregoing is true and correct. By.' City Manager 1 20.a Packet Pg. 512 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 2 20.a Packet Pg. 513 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "E" RECORDED AT REQUEST OF AND `1'O BE RETURNED TO: Attn: SUBORDINATION, NONDISTURBANCE ANTI)ATTORNMENT AGREEMENT THIS SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT ("Agreement") is entered into by and between the City of San Bernardino Tenant"), Landlord") and, Lender"). Name and type of entity) Recitals A. Tenant entered into a certain Lease Agreement, dated as of 20_ (the "Lease"), between Tenant, as lessee, and Landlord, as lessor, pertaining to that certain premises commonly known as California zip code), as more particularly described in the Lease ("Premises"), located on that certain real property located in the County of San Bernardino, State of California, as more particularly described in Exhibit "A", attached hereto and incorporated herein (the Property"). Landlord may also be referred to as 'Borrower". B. Borrower made, executed and delivered, or is about to make, execute and deliver to Lender a certain promissory note, dated substantially contemporaneously herewith ("the Note"), in the original principal sum of The obligations evidenced by the Note shall be referred to as the "Loan". The Note is executed pursuant to the terms of a certain Construction Loan Agreement, dated substantially contemporaneously herewith (the "Loan Agreement"), between Lender and Landlord. C. Borrower has executed and delivered, or is about to execute and deliver to Lender, a certain Deed of Trust and Assignment of Rents, dated substantially l 20.a Packet Pg. 514 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 contemporaneously herewith (the "Deed of Trust"), encumbering the Property to secure the Loan. D. It is a condition precedent to the Loan that. the Deed of Trust shall unconditionally be and remain at all times a lien or charge upon the Property, prior and superior to the Lease. E. It is a condition precedent to the Loan that Tenant will specifically and unconditionally subordinate and subject the Lease, together with all rights and privileges of Tenant thereunder, to the lien or charge of the Deed of Trust. F. It is to the mutual benefit of the parties hereto that Lender and Borrower enter into the Loan. Covenants In consideration of the recitals set forth above and the covenants and agreements contained herein, the parties agree as follows- 1. Subordination: Tenant hereby subordinates all of Tenant's right, title, interest and leasehold estate in and to the Premises to the lien, operation, and effect of the Deed of Trust.. 2. Nondisturbance: Tenant's peaceful and quiet possession of the Premises shall not be disturbed and Tenant's rights and privileges under the Lease, including but not limited to the provisions of the Lease set forth under the headings TERM," "EXPANSION OF RENTAL SPACE," "OPTION TO EXTEND TERM," INDEMNIFICATION,: INSURANCE REQUIREMENTS AND SPECIFICATIONS," "DESTRUCTION OF PREMISES," "CITY'S RIGHT TO TERMINATE LEASE," and "CONDEMNATION," shall not be diminished by Lender's foreclosure, acceptance of a deed in lieu of foreclosure, or any other exercise of Lender's rights or remedies under the Deed of Trust, the Note, the Loan Agreement, any other loan document, or the laws governing secured loans. All of the provisions of the Lease shall prevail over any conflicting provisions in the Deed of Trust, the Note, the Loan Agreement, any other loan document, or the laws governing secured loans. Tenant shall not be named or joined in any foreclosure, trustee's sale, or other proceeding or action to enforce the Deed of Trust, the Note, the Loan Agreement, any other loan document, unless such joinder shall be legally required to perfect such foreclosure, trustee's sale, or other proceeding or action. 3. Attornment: If the Deed of Trust is foreclosed for any reason, or Landlord deeds the Property to Lender in lieu of foreclosure, the Lease shall not be extinguished and Tenant shall be bound to Lender under all the terms, covenants, and conditions of the Lease for the balance of the term of the Lease with the same force and effect as if Lender was the lessor under the Lease. Tenant shall attorn to Lender as Tenant's Lessor, and agrees to recognize Lender as the new owner and 2 20.a Packet Pg. 515 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 promises to pay the rent to Lender as Landlord. This attornment shall be effective and self-operative, without the execution of any other instruments on the part of any of the parties to this Agreement, immediately upon Lender succeeding to the interest of Landlord under the Lease. 4. Disbursements: Lender is under no obligation or duty to monitor the application of the proceeds of the Loan. Any application of such proceeds for purposes other than those provided for in the Loan Agreement or any of the other Loan Documents shall not defeat the effect of this Agreement in whole or in part. 5. Acknowledgment of Assignment: Tenant acknowledges and consents to the assignment of Landlord's rights under the Lease to Lender pursuant to a certain Assignment of Leases (the "Assignment"). Tenant shall pay rent to Lender upon receipt of written notice from Lender that Lender has revoked the waiver of Landlord's right to receive the rents from the Premises pursuant to the Assignment, notwithstanding the fact that Lender has not foreclosed the Deed of Trust, nor succeeded to the interest of Landlord under the Lease. Tenant shall not be liable to Landlord for any payments made to Lender hereunder. 6. Assignment or Sublease: Tenant may assign or sublease all or any portion of the Property in accordance with the Lease, but no such assignment, transfer, or subletting shall relieve Tenant of any of its obligations under the Lease. Tenant hereby covenants that the Lease has not been modified or altered except at stated in the recitals. Tenant shall not voluntarily subordinate or subject the Lease or any interest. therein to any lien or encumbrance without the prior written consent of Lender, unless said lien or encumbrance shall relate to personal property that can be removed without damage to the Premises, or unless such subordination is required by the Lease. 7. Notices: Tenant shall deliver to Lender a copy of all notices, requests, or demands delivered by Tenant to Landlord in accordance with this Paragraph. Tenant shall also deliver to Lender any and all notices, demands, or requests received by Tenant from Landlord relating to any of the aforesaid. Lender shall deliver to Tenant all notices, requests or demands in accordance with this Paragraph. All notices required hereunder or pertaining hereto shall be in writing and shall be deemed delivered and effective upon the earlier of(i) actual receipt or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by express courier service or United States mail, postage prepaid, certified or registered, return receipt requested; in each case, to the applicable address as follows' to Tenant= CITY of San Bernardino address] to Landlord: 3 20.a Packet Pg. 516 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 Attn: 4 20.a Packet Pg. 517 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 to Lender: Attn: Notwithstanding the foregoing, any notice under or pertaining to this Agreement, given and effective in accordance with applicable law, shall be effective for purposes hereof. Any party may change the address at which it is to receive notices hereunder to another business address within the United States (but not a post office box or similar mail receptacle) by giving notice of such change of address in accordance herewith. 8. Landlord's Default: Tenant hereby agrees that Tenant will notif, Lender in writing, in accordance with Paragraph 7, Notices, above, of any default by Landlord under the terms of the Lease and Tenant shall not cancel or terminate, or acquiesce to the cancellation or termination of the Lease without giving Lender a reasonable period (not less than 30 days) after delivery of such notice to cure the default; Lender's rights and remedies under the Loan Agreement or any of the Loan Documents (as defined in the Loan Agreement) shall not be prejudiced by its exercise or failure to exercise the right to cure described above. Except for Landlord's defaults under Paragraph 3, TERM, of the Lease, relating to Landlord's failure to meet the Critical Completion Dates as set forth in Exhibit "A", Page 4, Schedule of Completion, Lender elects within such thirty (30) day period to foreclose on the Deed of Trust, such time period shall be extended so that Lender shall have a reasonable period within which to foreclose the Deed of Trust and shall have an additional thirty (30) days from the time Lender becomes owner of the Property through foreclosure within which to cure such default. If any default by Landlord is cured within the time periods described above, Tenant shall have no right to terminate the Lease by virtue of such default. 9. Binding Effect: This Agreement shall be binding upon the parties and their respective heirs, personal representatives, successors, and assigns. 10. Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 11 Reserved: 12.Attorneys' Fees and Costs: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, regardless of which party is the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall 5 20.a Packet Pg. 518 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 not apply to those costs and attorneys' fees directly arising froze any third party legal action against a party hereto and payable under Lease Paragraph 17, INDEMNIFICATION", Paragraph 48, HAZARDOUS SUBSTANCES; and Paragraph 49, PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY. 13. Venue: The parties acknowledge and agree that this Agreement was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Agreement will be the Superior Court of California, County of San Bernardino. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Agreement, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino. IN «FITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. Tenant: Lender: CITE' OF SAN BERNARDINO: By City Manager Name) Date Title ATTEST: Date: Georgeann Hanna, City- Clerk Landlord: By= Date: Title Approved as to Legal Form: Gary D. Saenr, City Attorney 6 20.a Packet Pg. 519 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2Ol6-240 1)nks: Uy 7 20.a Packet Pg. 520 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 EXHIBIT "F" PREVAILING WAGE REQUIREMENTS A. All or a portion of the Landlord Improvements in the Contract or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements. As used in this Attachment, the term "Contractor" shall include Landlord or Landlord's contractor and/or subcontractors. 1. Determination of Prevailing Rates: Pursuant to Labor Code sections 1770, et seq., the CITY has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Landlord Improvements is to be performed. Copies of said rates are on file with the CITY, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Landlord Improvements, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Landlord Improvements, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq. 2. Payment of Prevailing Rates Each worker of the Contractor, or any subcontractor, engaged in the Landlord Improvements, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker. 3. Prevailing Rate Penalty The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the CITY for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Landlord Improvements. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. 8 20.a Packet Pg. 521 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 4. Ineligible Contractors: Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at ht.tp://WVw.dir.ca.gov/Public- Works/PublicWorks.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the CITY. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Landlord Improvements. 5. Payroll Records: Pursuant to California Labor Code section 1.776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Landlord Improvements. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Landlord Improvements performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basin 1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; 2)A certified copy of all payroll records shall be made available for inspection or furnished upon request to the CITY, the Division of Labor Standards Enforcement of the DIR; 3)A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the CITY or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the CITY or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the 9 20.a Packet Pg. 522 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 public shall not be given access to such records at the principal office of the Contractor; 4) The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request.; and 5) Copies provided to the public, by the CITY or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Landlord Improvements shall not be marked or obliterated. The Contractor shall inform the CI`T'Y of the location of payroll records, including the street address, city and CITY and shall, within five (5) working days, provide a notice of a change of location and address. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the CITY, forfeit one- hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement., such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor. 6. Limits on Hours of Work: Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Landlord Improvements or upon any part of the Landlord Improvements, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(11/2) times the basic rate of pay. 7. Penalty for Excess Hours: The Contractor shall pay to the CITY a penalty of twenty-five dollars ($25.00) for each worker employed on the Landlord Improvements by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California 10 20.a Packet Pg. 523 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (11/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day. 8. Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements: 1) Contractor shall comply with Senate Bill 854 (signed into law on June 20, 2014). The requirements include, but are not limited to, the following: a. No contractor or subcontractor may be listed on a bid proposal (submitted on or after March 1, 2015) for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). b. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5. c. This project is subject to compliance monitoring and enforcement by the DIR. d. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. e. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all new public works projects issued on or after April 1, 2015, and for all public works projects, new or ongoing, on or after January 1, 2016. i. The certified payroll must be submitted at least monthly to the Labor Commissioner. ii. The CITY reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner iii. The certified payroll records must be in a format prescribed by the Labor Commissioner. 2) Labor Code section 1725.5 states the following- A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract. Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1. 11 20.a Packet Pg. 524 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 a) To qualify for registration under this section, a contractor shall do all of the following: 1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of three hundred dollars ($300) to qualify for registration under this section and an annual renewal fee on or before July= 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. 2) Provide evidence, disclosures, or releases as are necessary to establish all of the following: A) Workers' Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation Insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), 12 20.a Packet Pg. 525 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true: i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. ii) The contractor pays an additional nonrefundable penalty= registration fee of two thousand dollars ($2,000). b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements: 1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work. 2) Within 20 day=s following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. 3) The requirements of this section shall apply prospectively only to any- subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision. 13 20.a Packet Pg. 526 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015. 3) Labor Code section 1771.1 states the following: a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section f'or an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply: 1) The subcontractor is registered prior to the bid opening. 2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. 3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section. 14 20.a Packet Pg. 527 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 g) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. 4) Labor Code section 1771.4 states the following: a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter: 1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation. 3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner: A.) At least monthly or more frequently if specified in the contract with the awarding body. B) In a format prescribed by the Labor Commissioner. 4) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) of this section if either of the following occurs: 1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011. 2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. c) 1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015. 2) The requirements of paragraph (3) of subdivision (a) shall only apply to the following projects: A) Projects that were subject to a requirement to furnish records to the Compliance Monitoring Unit pursuant to Section 16461 of Title 8 of the California Code of Regulations, prior to the effective date of this section. 15 20.a Packet Pg. 528 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 B) Projects for which the initial contract is a«-arded on or after April 1, 2015. C) Any other ongoing project in which the Labor Commissioner direct.,, the contractors or subcontractors on the project to furnish records in accordance with paragraph (3) of subdivision (a). D) All projects, whether new or ongoing, on or after January 1, 2016. B. STATE PUBLIC WORDS APPRENTICESHIP REQUIR,MENTS L State Public Works Apprenticeship Requirements= The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 — 230.2 for all apprenticeable occupations (denoted with "#" symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor's requirement, to provide notification (i.e. DAS-140) to the appropriate a pp renticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. Any apprentices employed to perform any of the Landlord Improvements shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Landlord Improvements. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training. 2. Compliance with California Labor Code section 1777.5 requires all public works contractors to: Submit Contract Award Information (DAS-140) a. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project. 16 20.a Packet Pg. 529 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 b. The DAS-140 is a notification "announcement" of the Contractor's participation on a public works project—it is not a request, fol° the dispatch of an apprentice. c. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. d. Contractors who are already approved to train apprentices (i.e. check "Box 1" on the DAS-140) shall only be required to submit the form to their approved program. e. Contractors who are NOT approved to train apprentices (i.e. those that check either "Box 2" or "Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project.For a listing of apprenticeship programs see http://www.dir.ca.gov/Databases/das/pwaddrstart.asp. Employ Registered Apprentices a. Labor Code section 1777.5 requires that a contractor performing work in an apprenticeable" craft must employ one (1) hour of apprentice work for everyfive (5) hours performed by a journeyman. This ratio shall be met prior to the Contractors completion of work on the project. "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination. b. All Contractors who do not fall within an exemption category (see below) nlust request for dispatch of an apprentice from an apprenticeship program for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required. e. Contractors may use the "DAS-142" form for making a request for the dispatch of an apprentice. d. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. e. Contractor should maintain and submit proof (when requested) of its DAS- 142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area. f. Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). Make Training Fund Contributions 17 20.a Packet Pg. 530 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 a. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices. b. Contractors may use the "CAC-2" form for submittal of their training fund contributions. c. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603. d. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month. e. The "training" contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below. 3. Exemptions to Apprenticeship Requirements: The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS- 142, make training fund contributions, or utilize apprentices. a. When the Conti-actor holds a sole proprietor license ("Owner-Operator") and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. b. Contractors performing in non-apprenticeable crafts. "Apprenticeable" crafts are denoted with a pound symbol "#" in front of the craft name on the prevailing wage determination. e. When the Contractor has a direct contract with the Public Agency that is under $30,000. d. When the project is 100% federally-funded and the funding of the project does not contain any city, CITY, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply). e. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720. 4. Exemption from Apprenticeship Ratios: The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor fiom the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met: 18 20.a Packet Pg. 531 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) 2016-240 a. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent 0 5%); or b. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or C. The Apprenticeable Craft or Trade is replacing at least. one-thirtieth 1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or d. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards. 5. Contractor's Compliance: The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner. 19 20.a Packet Pg. 532 Attachment: Lease With Vanir Tower 5_02pm (4886 : Amendment No. 1 to Lease with Vanir Tower) This page left blank intentionally This page left blank intentionally This page left blank intentionally This page left blank intentionally This page left blank intentionally This page left blank intentionally This page left blank intentionally This page left blank intentionally 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO._______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALIFORNIA PARTNERSHIP FOR SAFE COMMUNITIES FOR IMPLEMENTATION OF THE CEASE FIRE PROGRAM BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute an Agreement between the City of San Bernardino and California Partnership For Safe Communities for Implementation of the Cease Fire Program, attached hereto as Exhibit “A” and incorporated herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 21.b Packet Pg. 543 Attachment: Ceasefire Resolution (4887 : Ceasefire Program) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALIFORNIA PARTNERSHIP FOR SAFE COMMUNITIES FOR IMPLEMENTATION OF THE CEASE FIRE PROGRAM I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ______________________________ meeting thereof, held on the _____ day of ________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Resolution is hereby approved this _____ day of ________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 21.b Packet Pg. 544 Attachment: Ceasefire Resolution (4887 : Ceasefire Program) Y DOC ID: 4667 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Information/Report From: R. Carey Davis M/CC Meeting Date: 10/03/2016 Prepared by: Ericka Murphy, (909) 384- 5133 Dept: Mayor's Office Ward(s): Subject: Discuss and Take Possible Action Regarding the Committee Report on California Partnerships for Safe Communities and Operation Ceasefire. (#4667) Current Business Registration Certificate: Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>> Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Motion:Direct the City Manager to negotiate a sole source contract with California Partnerships to be brought back and approved by the Common Council in November 2016. Supportinq Documents: CPSC Basic Intro SB Meeting (PDF) Oakland-Ceasefire-Update-Brief-April-2016-FINAL (PDF) Updated: 9/28/2016 by Georgeann "Gigi" Hanna A 21.c Packet Pg. 545 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) B.A.• 5/ 6/16 PARTNERSHIP m m d v 0 SAFECOMMUNITIES m a O Background: Ceasefire & CPSC 4) ac e c E E 0 U m MU) 0w Na L m c t M CL www.theCApartnership.org to 0w U C 0 t O a a Agenda Items E E 0 1. Brief review of the Ceasefire approach & supporting evidence 2. CPSC— background & role 3. TBQ m U) 0 c y M M U www.theCApartnership.org U C 0) E L U M 1 a Packet Pg.686 21.c Packet Pg. 546 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) a.o.a 5/6/16 a L y.d Q U 0 R Ceasefire: getting beyond the label CL 0 When we talk about Ceasefire we're really talking about these activities 1. In-depth analysis of risk 2. Direct, respectful communication 3. Intensive, relationship-based case management— E 0 a blend of outreach &case management U dw 4. Intelligence-based,targeted enforcement, ran informed by the principles of procedural justice o 5. ...all implemented continuously as a closely o coordinated,joint strategy to reduce shootings s 12 citywide. c z= a a i= L 0ML U 0 t 0 CL The Campbell Collaborative findings: the "gold standard"of evaluation a tr E Boston Operation Ceasefire -63%youth homicide c Indianapolis IVRP 34%total homicide U Stockton Operation Peacekeeper -42%gun homicide m Lowell PSN 44%gun assaults Cincinnati CIRV 42%GMI homicide,-22%nonfatal shootings Newark Ceasefire No sig.reduction in gunshot wound incidents w m LA Operation Ceasefire Sig.short-term reduction in violent,gun crime 0icago PST, 37`1'o homicide,-30%recidivism rater m Boston Re-entry 30%recidivism rate(violent offenses) c Hawaii HOPI 26V.recidivism rate v Nashville DMl 55%reduction in drug offenses Rockford DMI 22%non-violent offenses m U www.theCApa CL U c d L V M 3.+ Q Packet Pg.686 21.c Packet Pg. 547 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) B.D.a 5/6/16 m L mNt6N U c Quick reflection on the research findings a Effective: imagine flipping coin 12 times & getting heads 11. v Flexible & versatile: Effective across different cities, groups, demographics & economic conditions — and across different problems.E E Methodology rigorously controlled for effect of U other variables — outreach, enforcement only o regimes, sentencing, curfews,etc. L 0 Procedurally-just communication is central to the H approach: the message is communicated in a a respectful way & in partnership w/respected T community leaders (see following slide). IL www.theCApartnership.org L U c O t_ Direct communication: A procedurally-just alternative to enforcement Percentage decrease in Log(Homicide Rate)associated with a one-unit increase in PSN"treatment" E 10 E Control 5 Variables Forums Gun Sentence U Recoveries Length 0 nt0 5 1 2. 2 -2.7 0.8 W V' 10 Prosecutions 15 11 Combined 20 Effect 25 30 m 3S OL 40 C 45 40.1 V In Chicago,the impact of direct communication(forums)on violence was by far the mmostpowerful part of the strategy. U www.theCApartnership.org U c d E s v 3 a Packet Pg.$87 21.c Packet Pg. 548 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) e.a.a 5/6/16 m d as N d V C Review: the Ceasefire change challenge d Each major program component demands a complementary O culture change: c Using data to drive strategic decision-making across y multiple stakeholders. AD Shifting focus to harm reduction as opposed to C conventional service provision, case clearing, supervision E revocation,etc. o Directly communicating with those at highest risk, and v incorporating the principles of procedural justice into this communication.CO Maintaining/building trust relations among working partners that have widely different perspectives. a Moving toward procedurally-just police policy and LA practice. c t= m a. 20 c 0 U c0 0a Review: the Ceasefire management challenge Ceasefire requires management across 5 very different E activities: E 0 1. In-depth analysis of risk—increased analytic capacity U at police departments m 2. Direct, respectful communication—by all partners r rn 3. Intensive, relationship-based case management—a 5 blend of outreach&case management 4. Intelligence-based,targeted enforcement, informed by m the principles of procedural justice 00 S. ...all implemented continuously as a closely coordinated,joint strategy to reduce shootings N citywide. m U www.theCApartnershi r U c a E LU 4 d Packet Pg.688 21.c Packet Pg. 549 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) 6.D.a 5/ 6/16 d L 4-dHt0d U c CPSC background L Deep & broad experience in Ceasefire implementation, including c. direct management experience. O o Bring to bear analysis on program design & implementation: "you can't manage a problem if you don't understand it"(shooting reviews problem analysis) Substance expertise in each of the operational capacities: outreach E and support, enforcement, communication - and in the area of o procedural justice and police legitimacy. U mwa Draw on community of practice in California & nationally. Bring national experts to bear on important challenges&opportunities e.g., o Andrew Papachristos&social network analysis,Tracey Meares&Tom A Tyler in partnership with Chicago PD on legitimacy & procedural c justice). ac R CL www.theCApartnership.org 0 U c 0 t= 0 CPSC role W Guide and support city-most often in close partnership with project manager - to ensure quality implementation in the face of very serious violence, limited resources and a complex change E environment.0 U Engagement is long&in-depth-3+years in Oakland&Stockton to vEngagementbeginswithanalysis, proceeds to developing common understanding of problem, guiding principles (values) and approach, c and then moves to developing operational capacities. ro m Progress is not always linear - includes problem-solving, in organizational change,retooling. N 0L CPSC helps address the challenges of institutional, organizational and system change-these challenges run on a complementary track and are crucial to success and sustainability. eyo m U N www.theCApartnership.org U C a) E t v eo 5 d Packet Pg.689 21.c Packet Pg. 550 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) 44 Now ON STRENGTHENING v POLICE-COMMUNITY RELATIONSHIPS GOES HAND-IN-HAND WITH REDUCING • UPDATE • m OAKLAND CEASEFIRE E E 0 U dOVERVIEWDespiteOakland's history of troubled police-community relations and s serious violence- it has averaged nearly 110 annual homicides for over four a decades-shootings have declined by a remarkable 40 percent since the city n implemented Ceasefire in late 2012. r m News stories about Ceasefire often describe it as a "carrot and stick"approach t that rewards young men who step away from violence while targeting those L who don't with intensive enforcement. But Ceasefire's most distinctive feature involves an alliance of civic, criminal justice and community leaders communicating a respectful and compassionate anti-violence message to V young people at highest risk of violence.In Oakland,these partners embrace o procedural justice:treating people respectfully,giving them a voice,avoiding c bias in decision-making and demonstrating goodwill. mm The payoff is not just fewer shootings. By incorporating procedural justice principles into Ceasefire implementation, Oakland is reducing its reliance E on tactics that contribute to over-incarceration,strengthening frayed v community-police relations and building bridges to safety and opportunity P- for young men who otherwise deeply distrust police. J Nonfatal Injury Shootings a Homicides Z 700 683 4m 600 560 N Vie: t =ki i 500 490 a a424 400 6 L 300 3 , m 200 O e d t100 0 mom 2012 2013 2014 2015 2016 d The last six months have been one of the safest periods in Oakland over the past 40 years,with 9 31 homicides and 110 shootings from October 2015-March 2016.While recognizing there is c a much more work to be done,this update highlights ways the police department's commitment Jc to principled policing has catalyzed rather than slowed its efforts to reduce violence. p C m E CALIFORNIA PARTNERSHIP FOR SAFE COMMUNITIES t a 21.c Packet Pg. 551 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) SAb THE PRINCIPLES OF PROCEDURAL JUSTICE Researchers have found, repeatedly and across different ethnic groups and communities,that departments that practice procedural justice see increased public support,cooperation and compliance with the law.c U The principles are straightforward:0 treat people with dignity and respect;0 give them a voice,"a chance to tell their side of the story;0 make decisions based on facts,not irrelevant c factors such as race; and 0 act in a way that reassures people you have their best interests in mind. a L c 4f a PROCEDURAL JUSTICE &CEASEFIRE:THE MECHANICS E M Ceasefire's emphasis on in-depth analysis of local violence grounds implementation in facts U c and evidence,rather than in bias and unfounded opinions. 0 V_ 0 a Oakland's police department began its Ceasefire planning by completing a"problem and opportunity analysis"-a systematic examination of hundreds of shootings that produced a comprehensive picture of local violence.The department now also conducts weekly"shooting E reviews"during which knowledgeable front-line officers carefully review recent shootings to E 0 illuminate who is at risk of participating in violence.These analyses reveal that a surprisingly small number of people generate most of Oakland's violence -far less than 1 percent of the city's African-American and Latina young men. J Q Investing in analysis has helped the department narrow its focus to individuals most likely Z 4 to endanger themselves or others. In other words,the department is better able to direct co resources in ways that are most effective in stopping violence and are justified by facts about risk, rather than irrelevant factors such as race.This has also enabled the department to reduce CL its reliance on tactics and strategies-such as gang injunctions,curfews and aggressive street- w level drug enforcement- that tend to sweep African-American and Latino young men at low risk of violence into the criminal justice system with little or no public safety benefit. d a Ceasefire's communications with people at risk of violence are designed to convey respect and enable them to share their side of the story. dN Ceasefire's primary communication tool is a small meeting-sometimes referred to as a "call-in" V that is typically held in a church or community center.Community,clergy, street outreach and criminal justice leaders gather around dining or conference tables with 10 to 20 young men at t0 high risk of violence. 0 4i c The partners share their commitment to making neighborhoods safe and keeping the young E men alive and free,while providing them with clear and accurate information about the risks of violence and incarceration.The tone is serious, but also respectful and compassionate.Speakers a 21.c Packet Pg. 552 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) THE CEASEFIRE APPROACH VC Nd Ceasefire combines:0 analyzing serious violent incidents and trends to identify individuals at highest risk of violence;4 respectfully communicating the risks associated with violence to C E those individuals; 0 offering supportive relationships that lead to safety and opportunity; and c0narrowlyfocusingenforcementeffortsonthoseindividualsthatpersistinviolence. U m This approach is strikingly effective. In 2012,the Campbell Collaboration,an interdisciplinary c group of social scientists that analyze the best available research on important social issues, a published a rigorous review of all evaluations of the Ceasefire approach.The authors concluded s that it significantly reduced violence and recidivism in 4 of 10 cities. m C t: ea a m 0 avoid lecturing or sermonizing.The overarching theme is one of shared concern for the well- being of the young men as respected members of the community.When time is of the essence, U c the Ceasefire message is compressed into a one-on-one conversation with a police officer, ideally t_ in partnership with a community or clergy leader, and delivered wherever is most convenient.o, d These meetings and conversations are designed to provide multiple opportunities for those at risk of violence to ask questions,voice concerns and express opinions. Speakers and E participants share a meal following the call-ins, during which the young men are invited to c express concerns about the criminal justice system, discuss their experience with social services v and share their perspective on the speakers' message. co co The Ceasefire partners offer financial incentives to the young men to participate in more formal a listening sessions-on a one-time basis or as a standing advisory group-during which they Z gather to discuss and share thoughts and concerns.The police department and Ceasefire W partners take this input seriously and often use it to improve program design. n a Through Ceasefire,Oakland's police department is changing the way it engages with people z at risk of violence to do what's in their best interest despite difficult circumstances. m d Oakland's problem and opportunity analysis showed that the vast majority of individuals at risk a of violence had been arrested many times.Their journey through the criminal justice system did little to reduce the risk of further violence.w dN Ceasefire provides a framework for altering this path. First,it greatly narrows the department's focus,through analysis,to people at the highest risk of violence. Second,the department and c its Ceasefire partners engage as many individuals in this relatively small group as possible Y through respectful and compassionate communication rather than through enforcement. O Third,the department works closely with partners to help the young men establish supportive c relationships with outreach workers and case managers.E z o a 004 492 21.c Packet Pg. 553 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) S.D. STOCKTON:ANOTHER POLICE DEPARTMENT BUILDING TRUST& REDUCING VIOLENCE y Stockton is a diverse Central Valley community of nearly 300,000 residents. Since emerging E from bankruptcy, Stockton has been rebuilding departmental policy and practices around the 0 principles of procedural justice, including incorporating them into the design of its Ceasefire initiative. Despite significant budgetary and staffing challenges,the department has steadily y addressed violence, reducing homicide rates by 30 percent over the past three years. o gna s m During the first two months of 2016, Oakland's police department and its partners shared the Ceasefire message with more than 100 young men.The partners met every two weeks, a. 25 sometimes more often,to strategize about how to connect each individual to supportive relationships. Oakland employs 10 committed, resourceful "relationship-based" case managers 0 who carry small caseloads consisting only of people at the very highest risk of violence.These U case managers concentrate on building a strong rapport with their clients,offering stipends and o incentives to build relationships faster, and making three or more in-person contacts with each 0 client every week. ad CONCLUSION: OPD'S COMMITMENTTO CHANGE E 0 Oakland's police department has not only adopted Ceasefire as a program, but has also v undertaken deeper organizational changes.These signal its commitment to tackling tough co crime problems while stepping away from practices that damage police-community relations and contribute to over-incarceration.Changes have included developing a comprehensive a P rocedural justice training strategy- revising P olicies and practices that are important to z u- people disproportionately affected by violence and crime so they better reflect the principles of procedural justice; and adopting performance indicators to heighten departmental C° transparency and accountability. Q Q w Meaningful progress in reducing serious violence and strengthening police-community m relations is exceptionally hard-won - and, like many other cities, Oakland has much more work to do. But the principles of procedural justice provide a set of unifying values that are binding c Oakland's diverse partners together for the long-term work needed to make the city safe while D ensuring young men at highest risk of violence have a future of hope and opportunity. mN0d U Stewart Wakeling, Daniela Gilbert,Vaughn Crandall California Partnership for Safe Communities O CPSC works with communities to reduce violence,to reduce reliance on enforcement practices that contribute to over-incarceration,and to strengthen trust between criminal justice agencies and the communities they serve(http:// thecapartnership.org).CPSC is a hands-on technical advisor and process facilitator for the Oakland and Stockton E r Ceasefire partnerships.CPSC thanks The Andrus Family Fund,The California Endowment,Kaiser Permanente v is Northern California Community Benefits,and Californians for Safety and Justice for their generous support.4 Packet Pg.693 21.c Packet Pg. 554 Attachment: Ceasefire Program 5_05pm (4887 : Ceasefire Program) This page left blank intentionally gtNARDI o Staff Report 0 City of San Bernardino Request for Council Action GNDFD IN11$ Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager el Gary Saenz, City Attorney By: Andrea M. Miller, Assistant City Manager Jolena Grider, Chief Assistant City Attorney Subject: Charter Implementation Update; Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter; 1 Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager; and Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City's Charter Recommendation Review and analyze the memorandum from Special Council Kimberly Hall Barlow of Jones & Mayer regarding Charter implementation including the immediate impacts of the new Charter and revisions to the San Bernardino Municipal Code and provide direction related to priorities; introduce for first reading an Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter; and introduce for first reading an Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager; and Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City's Charter Background On November 8, 2016, voters in San Bernardino approved Measure L for the City's new Charter that applies best practices for municipal governance and provides a clear and streamlined structure based on the council-manager form of government where day-to- day management of the City has shifted from the Mayor to the City Manager. Revisions to various administrative policies and procedures and the Municipal Code are required to implement the provisions of the new Charter. On January 23, 2017, the City Council approved a Professional Services Agreement with Jones & Mayer, a professional law firm, to serve as Special Counsel to assist the City in implementing the new Charter provisions. l 22.a Packet Pg. 555 Attachment: Charter 2 02 section 5_15 (4891 : Charter Implementation Update) Discussion Staff and Special Counsel seek direction from the Mayor and City Council regarding priorities in implementing the new Charter. In order to provide guidance, preliminary information is provided in a memorandum from Special Counsel, which is included as Attachment 1 to this Report, about some of the immediate impacts of the new Charter and the revisions to the municipal code which appear to be most pressing. Special Counsel, Kimberly Hall Barlow of Jones & Mayer, will be at the meeting to present the firm's analysis and answer questions. The most critical changes to be made to the City's municipal code relate to the change to the Council/Manager form of government; the powers and duties of the City Manager, City Council, Mayor, and Mayor Pro Tempore, and the revisions in the Charter regarding the procedures for adoption of resolutions/ordinance and the possibility of veto. For these reasons, Special Counsel has developed ordinances amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter, repealing and replacing Chapter 2.02 regarding the position of City Manager, and repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore. These ordinances are included as Attachments 2, 3, and 4, respectively, and additional information related to the ordinances is included in the memorandum from Special Counsel. It is recommended the Mayor and City Council give first reading to and introduce the three ordinances. Over the next few months, follow up meetings and Mayor and City Council study sessions will be held to address and evaluate policy related decisions. Fiscal Impact The costs related to the Charter implementation services were approved by the Mayor and City Council at the February 23, 2017, meeting. There are no additional costs to be incurred related to the recommendations this evening. Conclusion It is recommended the Mayor and City Council review and analyze the memorandum from Special Counsel and introduce and accept for first reading ordinances amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter, repealing and replacing Chapter 2.02 regarding the position of City Manager, and repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore Attachments Attachment 1 —Memorandum from Special Council Kimberly Hall Barlow of Jones Mayer regarding Charter implementation dated February 28, 2017 Attachment 2 — Ordinance amending portions of Chapter 1.08 of the Municipal Code to implement the provisions of the newly adopted Charter 22.a Packet Pg. 556 Attachment: Charter 2 02 section 5_15 (4891 : Charter Implementation Update) Attachment 3 — Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager Attachment 4 — Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City's Charter Ward: All Synopsis of Previous Council Actions: 22.a Packet Pg. 557 Attachment: Charter 2 02 section 5_15 (4891 : Charter Implementation Update) 22.b Packet Pg. 558 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 559 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 560 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 561 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 562 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 563 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 564 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 565 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 22.b Packet Pg. 566 Attachment: Charter Implementation.Attach 1.Special Counsel Memo.2017-03-01 (4891 : Charter Implementation Update) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 1.08 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF THE NEWLY ADOPTED CHARTER WHEREAS, on November 8, 2016 the Citizens of the City of San Bernardino enacted a new City Charter; and WHEREAS, the City Council desires to amend the City of San Bernardino Municipal Code to implement the new City Charter, which took effect on January 31, 2017. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Section 1.08.010 (Purpose) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.010 Purpose The procedures set forth in this chapter are established to implement the provisions of City Charter Section 31 304 which provides that resolutions and ordinances shall be adopted by four or more affirmative votes of the a simple majority vote of the quorum of the City Council present, unless a specific different affirmative vote level is required by the City Charter or for Charter Cities under State or Federal law. and All resolutions and ordinances must be approved by the Mayor, or alternatively, disapproved vetoed by the Mayor with written reasons therefore endorsed on such resolutions or ordinances within five days after the City Clerk presents the resolutions and ordinances to the Mayor, pursuant to the requirement of Section 1.08.030 (Action by Mayor) herein. SECTION 3. Section 1.08.030 (Action by Mayor) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.030 Action by Mayor Within five days, excluding Saturdays and holidays, after the City Clerk has presented the resolution or ordinance to the Mayor or the employee agent of the Mayor, the Mayor shall approve, or if the resolution or ordinance was approved by fewer than five (5) votes of the City Council, disapprove may veto, the resolution or ordinance stating the reason or reasons for disapproval the veto of on the resolution or 22.c Packet Pg. 567 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinance or a document physically attached thereto. [Approval or disapproval veto is a duty and there shall be no right to fail to either approve or disapprove veto (pocket- veto) within the five-day period.] In the event the Mayor is absent or otherwise unable to approve or disapprove veto the resolution or ordinance during the five-day period, the Mayor Pro Tempore, as empowered pursuant to Charter Section 36 302, shall approve, or disapprove but may not veto, the resolution or ordinance in like manner as the Mayor would have been empowered and required to do. In the event the Mayor or the Mayor Pro Tempore disapproves approves or fails to either approve or disapprove veto the resolution or ordinance within the five-day period, or in the event the Mayor Pro Tempore acting in the place of the Mayor approves or fails to approve the resolution or ordinance, the resolution or ordinance shall be deemed to be validly enacted on the date of its adoption and conclusively presumed to have been approved, provided it there were five or more affirmative votes adopting the was adopted by the requisite number of votes required pursuant to Section 1.08.010 herein. resolution or ordinance. Such resolution shall take effect on the date of its adoption and such ordinance shall take effect on the day after thirty days for the date of its adoption. Such resolution or ordinance shall not be validly enacted if there were only four affirmative votes adopting the resolution or ordinance. SECTION 4. Section 1.08.040 (Readoption) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.040 Readoption The approved or disapproved vetoed resolution or ordinance shall be forthwith returned to the City Clerk. The City Clerk shall place any disapproved vetoed resolution or ordinance or any resolution or ordinance neither approved nor disapproved within the five-day period, either of which were was adopted by only four fewer than five affirmative votes as the first business items on the agenda for the next meeting of the Mayor and City Council to be considered any resolution or ordinance adopted by only four affirmative votes which has been disapproved or neither approved nor disapproved within the five-day period shall be considered by the City Council for readoption after the resolution or ordinance is reintroduced and the reason or reasons for the disapproval veto are read by the City Clerk. In the event there are less than seven councilmen council members present, or for any other reason, the resolution or ordinance may be continued from time to time. A motion to readopt the resolution or ordinance shall be considered and voted upon by the City Council. Five or more affirmative votes shall be necessary to validly enact readopt the resolution or ordinance. In the event there are four or less affirmative votes adopting the resolution or ordinance, it shall not be validly enacted. SECTION 5. Section 1.08.060 (Charter Amendments) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby rescinded in full and the following new Section 1.08.060 (Charter Amendment) is adopted to read as follows: 1.08.060 Charter Amendments 22.c Packet Pg. 568 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amendments to the Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. SECTION 6. Section 1.08.070 (Time is not of essence) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.070 Time is not of essence The failure of the City Clerk, Mayor or Mayor Pro Tempore to comply with any of the ministerial acts provided for in this Chapter or the periods of time for (1) presenting the resolution or ordinance to the Mayor, (2) approving or disapproving vetoing the resolution or ordinance, and (3) readopting a disapproved vetoed resolution or ordinance at the next meeting of the City Council shall not invalidate a resolution or ordinance which has been otherwise validly adopted, readopted or enacted pursuant to this Chapter and Charter Section 31 304. SECTION 7. Section 1.08.080 (Validity presumed) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.080 Validity Presumed Any ordinance or resolution heretofore adopted by the City Council, which is and disapproved vetoed or not approved by the Mayor in a manner other than as provided in contrary to the provisions of this chapter, or which is heretofore adopted and enacted pursuant to the provisions of Charter Section 31 304 as interpreted by administrative and legislative practices, shall be conclusively presumed to be valid and enforceable. SECTION 8. Section 1.08.090 (Effective dates) of Chapter 1.08 (Resolutions and Ordinances) of the City of San Bernardino Municipal Codes is hereby amended to read as follows: 1.08.090 Effective dates Each ordinance of the Mayor and City Council of the City shall take effect on the day after thirty days from the date of its adoption by the City Council and approval by the Mayor. Each resolution shall take effect on the date of its adoption by the legislative body and approval by the Mayor. This section shall not be applicable to: A. Ordinances and resolutions adopted by only four fewer than five affirmative votes and which are disapproved vetoed, or neither approved or disapproved by the Mayor of the City within the five-day period; 22.c Packet Pg. 569 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Ordinances which contain urgency or emergency clauses providing for immediate effective dates; C. An ordinance or resolution which contains express language providing for an effective date for such ordinance or resolution; and D. Ordinances and resolutions adopted by five or more affirmative votes of the City Council which are and neither not approved nor disapproved within the five-day period by the Mayor, which shall be deemed to take effect upon adoption by the City Council; and E. Ordinances and resolutions relating to Charter Amendments as provided in Section 1.08.060. SECTION 9. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 22.c Packet Pg. 570 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 1.08 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF THE NEWLY ADOPTED CHARTER I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 22.c Packet Pg. 571 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22.c Packet Pg. 572 Attachment: Charter Implementation.Attach 2.Ordinance.Chapter 1.08 Amendment (4891 : Charter Implementation Update) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE POSITION OF CITY MANAGER WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, the new Charter changes the City’s form of government to a Council/Manager form of Government; and WHEREAS, existing provisions of the City’s Municipal Code are inconsistent with the new Charter and require revision. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.02 of the San Bernardino Municipal Code is hereby repealed in its entirety and replaced as follows: 2.02.010 Position created There is created the position of City Manager as required by Article IV of the City Charter. Any and all references to the administrative officer or City Administrator in any ordinances, resolutions and documents of the City shall refer to and mean the City Manager. 2.02.020 Selection and Appointment The City Manager shall have the qualifications and shall be chosen in accordance with Article IV, Section 400 of the City Charter by at least five affirmative votes of the Council and Mayor. The City Manager shall devote his or her entire time to the duties of his or her office and shall not engage in any other business or occupation. 2.02.030 Discharge The City Manager may be discharged by at least five affirmative votes of the Council and Mayor as provided in Article IV, Section 400 of the City Charter. 2.02.040 Salary and benefits The salary of the City Manager shall be fixed by the Mayor and City Council and it shall be paid in the same manner and at the same time as the salaries of other City employees. 22.d Packet Pg. 573 Attachment: Charter Implementation.Attach 3.Ordinance.City Manager (4891 : Charter Implementation Update) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 He or she is granted and is entitled to all of the benefits conferred upon City employees relating to sick leave, vacation leave, holidays, medical insurance, workers' compensation and travel expense, and by the Public Employees' Retirement System, and any other salary and/or benefits that may be provided by resolution or pursuant to an employment agreement between the City and the City Manager. 2.02.050 Assistants The Mayor and City Council shall create and maintain positions within the City’s authorized classification and salary list for an Assistant City Manager and Department Heads for each of the City’s authorized departments. In order to assist the City Manager in the performance of his or her duties, City Manager may assign the performance of any of the duties prescribed in this chapter to his or her assistants or department heads. The City Manager may appoint an Assistant City Manager. 2.02.060 Duties of the City Manager The City Manager shall perform the duties set out in Article IV, Section 401 of the City Charter, and such other duties as may be assigned to him by duly adopted ordinance. In addition to the authority and duties outlined in Article IV, Section 401 of the City Charter, the City Manager shall: A. Determine the items and order of such items on the City Council’s meeting agendas, subject to direction from the City Council; and B. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney of any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney, and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has the authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct; C. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do so by the Mayor and City Council; and D. See that all franchises, permits and privileges granted by the City, and the provisions of all contracts to which the City is a party, are faithfully observed; and E. Consolidate or combine duties, offices, positions, departments or units under his direction within the limits established by the Charter, this Code, or the annual budget; provided, however, that nothing herein contained shall be construed to 22.d Packet Pg. 574 Attachment: Charter Implementation.Attach 3.Ordinance.City Manager (4891 : Charter Implementation Update) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supersede the authority of the Personnel Commission in the matter of disciplinary appeals; and F. Control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads; and G. Investigate as necessary all complaints and other matters concerning the administration of the City government; and H. Close or restrict access to any and all public property owned or controlled by the City during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work; and I. Exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer; and J. Designate City officers or employees of the City to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violations of the provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the California Penal Code. He is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and City Council; and K. Ensure the preparation, posting, and publication of City Council meeting agendas and of other Commission and Committee agendas in compliance with the law, as well as maintenance of the books and records of the City; and L. Oversee and supervise the staff providing services to the Mayor and City Council; and M. Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his authorized representative. The City Manager or his authorized representative shall purchase or cause to be purchased all supplies for all departments of the city; and N. Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the City. 2.02.070 Authority to file and prosecute small claims The City Manager or his or her designated representative is authorized to file and prosecute actions on behalf of the City in the small claims courts of the state. The City 22.d Packet Pg. 575 Attachment: Charter Implementation.Attach 3.Ordinance.City Manager (4891 : Charter Implementation Update) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Manager or his or her designated representative is authorized to reduce the claim of the City by an amount not in excess of the jurisdictional maximum amount of a small claims court. 2.02.080 Mayor and Council's authority over the City Manager and other City employees Neither the Mayor nor any member of the City Council, nor any other elected City official, nor the City Council, nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager from exercising judgment in the appointment of officers and employees in the administrative service. Neither the Mayor nor City Council Members shall give orders to any of the subordinates of the City Manager, either publicly or privately. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 3. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. 22.d Packet Pg. 576 Attachment: Charter Implementation.Attach 3.Ordinance.City Manager (4891 : Charter Implementation Update) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 2.02 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE POSITION OF CITY MANAGER I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 22.d Packet Pg. 577 Attachment: Charter Implementation.Attach 3.Ordinance.City Manager (4891 : Charter Implementation Update) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. _______ ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING AND REPLACING SECTION 2.01.010 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING MAYOR PRO TEMPORE TO CONFORM TO THE CITY’S CHARTER WHEREAS, on November 8, 2016 the Citizens of the City of San Bernardino enacted a new City Charter; and WHEREAS, the City Council desires to amend the City of San Bernardino Municipal Code to implement the new City Charter, which took effect on January 31, 2017. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.01.010 of the San Bernardino Municipal Code is hereby repealed and replaced in its entirety with the following: 2.01.010 Mayor Pro Tempore San Bernardino City Charter Section 3026 identifies the position of Mayor Pro Tempore. At the first regularly scheduled meeting of the Common City Council following the effective date of this ordinance, the Common City Council shall elect a Council Member to serve as Mayor Pro Tempore. On March 16, 2009, and annually thereafter aAt the second regularly scheduled meeting of the CommonCity Council in March December of each year, the Common City Council shall elect a Council Member to serve as Mayor Pro Tempore. If the Mayor Pro Tempore is absent or otherwise unavailable to serve in such capacity, the Council Member present in the City with the most consecutive days of service as a member of the Common City Council of the City of San Bernardino shall serve as the Mayor Pro Tempore for that period of absence or unavailability only. “Consecutive days of service” shall be calculated by counting backward in time starting from the day on which the calculation is being made. In the event that there are two or more Council Members with the exact same number of consecutive days of service as a member of the Common City Council of the City of San Bernardino, the temporary filling of the position of Mayor Pro Tempore shall be determined by lot, pursuant to the general procedure established in Section 15651 of the Elections Code of the State of California, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of service as a member of the CommonCity Council of the City of San Bernardino, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the CommonCity Council of the City of San Bernardino. The City Clerk shall be responsible for conducting the coin toss or conducting the drawing of straws whenever either event is required by this Section. 22.e Packet Pg. 578 Attachment: Charter Implementation.Attach 4.Ordinance.Mayor Pro Tempore (4891 : Charter Implementation Update) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the Common City Council or until said Council Member is no longer a member of the Common City Council, whichever occurs first. Pursuant to Charter Section 3026, in the absence of the Mayor from any Council meeting, the Mayor Pro Tempore shall preside over that Council meeting. In addition, at all other times that the Mayor is temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over City Council action, but may continue to exercise his or her vote as a Council member. SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 3. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. /// /// /// /// 22.e Packet Pg. 579 Attachment: Charter Implementation.Attach 4.Ordinance.Mayor Pro Tempore (4891 : Charter Implementation Update) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REPEALING AND REPLACING SECTION 2.01.010 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING MAYOR PRO TEMPORE TO CONFORM TO THE CITY’S CHARTER I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a _______________________ meeting thereof, held on the _____ day of ______________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, CMC, City Clerk The foregoing Ordinance is hereby approved this _____ day of __________________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By:____________________ 22.e Packet Pg. 580 Attachment: Charter Implementation.Attach 4.Ordinance.Mayor Pro Tempore (4891 : Charter Implementation Update) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22.e Packet Pg. 581 Attachment: Charter Implementation.Attach 4.Ordinance.Mayor Pro Tempore (4891 : Charter Implementation Update) 4,ttNARO N0 c 9 Staff Report City of San Bernardino Request for Council Action G` DED Il'11 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Andrea M. Miller, Assistant City Manager Steven Dukett, Consultant Subject: Property Disposition Strategy Recommendation Adopt a Resolution of the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Property Disposition Strategy and authorizing the City Manager or his or her designee to take actions to effectuate the sale of designated properties. Background Effective February 1, 2012, the State dissolved all redevelopment agencies in California and required cities to form successor agencies to wind-down the affairs of the former redevelopment agencies. At the time of dissolution, the City's Economic Development Agency (EDA) owned a number of public, commercial and residential properties that had been acquired for community, economic development and affordable housing purposes. Title to the properties was subsequently transferred to the City, acting as the Successor Agency, for the purpose of disposing of the assets pursuant to either a Long- Range Property Management Plan ("LRPMP") or Housing Asset Transfer Plan ("HAT") approved by the California Department of Finance ("DOF"). The DOF determined that the properties would be transferred in one of the following ways: to the City for government use, to the City for future development, to the City for affordable housing purposes, or sold. Discussion O,n February 23, 2017, the City Council Ad Hoc Real Estate Committee met and reviewed the proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold. Specifically, staff recommended, and the Committee concurred, that an open and transparent Request for Proposal (RFP) process be utilized to identify one to five qualified real estate brokers. Brokers would be evaluated based on their experience and knowledge of the local and regional markets, plan for marketing properties, 23.a Packet Pg. 582 Attachment: Property Disposition Strategy_staffreport (4890 : Property Disposition Strategy) Page 2 specialized training, history in the field, and references, and qualified brokers would be presented for approval. It is anticipated that the real estate broker or brokers may be selected during May/June 2017. The entire sale process may take up to one year to complete. Further, the proposed Property Disposition Strategy also describes the competitive process by which developers will be selected for future development sites and the administration of compensation agreements with the taxing entities for the distribution of net land sales proceeds. Fiscal Impact Pursuant to the State law, the net land sales proceeds resulting from properties that will be sold will be submitted to the County Auditor-Controller (the "CAC"). The CAC will in turn distribute the funds to the effected taxing entities in proportion to each taxing entity's proportionate share of the General Tax Levy (the "GTL"). In addition, the net land sales proceeds generated from the sale of future development-designed properties governed by compensation agreements will be distributed to the taxing agencies directly by the City. As an entitled taxing entity, the City of San Bernardino receives on average approximately 18% of the GTL applicable to the project areas of the City's former redevelopment agency. Conclusion Engaging a qualified real estate broker or brokers will assist in selling the properties required to be sold pursuant to the State law. Initiating developer selection procedures for future development-designated properties are anticipated to provide economic development benefits to the City. Attachments Attachment 1 — Resolution; Exhibit A— Property Disposition Strategy. Ward: Citywide Synopsis of Previous Council Actions: 23.a Packet Pg. 583 Attachment: Property Disposition Strategy_staffreport (4890 : Property Disposition Strategy) 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROPERTY DISPOSITION STRATEGY WHEREAS, the Redevelopment Agency of the City of San Bernardino, California, was organized in 1958, pursuant to § 33000 et seq. of the California Health and Safety Code (“HSC”), and was responsible for the administration of redevelopment activities within the City; and WHEREAS, pursuant to HSC § 34172 (a)(1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, on January 9, 2012, the Mayor and City Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Agency”) and designated the City Manager to serve as the Executive Director; and WHEREAS, at the time of dissolution, the Redevelopment Agency held many public, commercial and residential real property assets that had been acquired for community, economic and affordable housing purposes; and WHEREAS, as a part of redevelopment dissolution, successor agencies with real property assets are required dispose of such property pursuant to either a Long-Range Property Management Plan (“LRPMP”) or Housing Asset Transfer Plan (“HAT”) approved by the California Department of Finance (“DOF”). Depending on the disposition category approved by the DOF, real property assets are to be transferred in one of the following ways; i) to the City 23.b Packet Pg. 584 Attachment: Property Disposition Strategy.Attach 1.Resolution (4890 : Property Disposition Strategy) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold; and WHEREAS, on February 23, 2017, the City Council Ad Hoc Real Estate Committee met and reviewed a proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold. Staff recommended, and the Committee concurred, that an open and transparent Request for Proposal (RFP) process be utilized to identify one to five qualified real estate brokers. Brokers would be evaluated based on their experience and knowledge of the local and regional markets, plan for marketing properties, specialized training, history in the field, and references, and qualified brokers would be presented for approval. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: Section 1. The Mayor and City Council hereby approve the Property Disposition Strategy, attached hereto and incorporated herein as Exhibit “A” to this Resolution. Section 2. The City Manager, or his or her designee, is hereby authorized to implement the Property Disposition Strategy. Section 3. This Resolution shall take effect immediately upon its adoption. /// /// /// /// 23.b Packet Pg. 585 Attachment: Property Disposition Strategy.Attach 1.Resolution (4890 : Property Disposition Strategy) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROPERTY DISPOSITION STRATEGY I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a _____________________ meeting thereof, held on the _________ day of ______________________, 2017, by the following vote, to wit: Council Members Ayes Nays Abstain Absent MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this day of , 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to Form: Gary D. Saenz City Attorney By: 23.b Packet Pg. 586 Attachment: Property Disposition Strategy.Attach 1.Resolution (4890 : Property Disposition Strategy) Page 1 of 6 PROPERTY DISPOSITION STRATEGY San Bernardino Successor Agency and San Bernardino Successor Housing Agency Introduction Effective February 1, 2012, the State dissolved all redevelopment agencies in California and required cities to form successor agencies to wind-down the affairs of the former redevelopment agencies. San Bernardino’s redevelopment program was managed by its Economic Development Agency (“EDA”), which was responsible for economic development and housing programs. At the time of dissolution, the EDA held many public, commercial and residential real property assests. These properties were acquired for community, economic and affordable housing purposes. As a part of redevelopment dissolution, successor agencies with real property assets are required dispose of such property pursuant to either a Long-Range Property Management Plan (“LRPMP”) or Housing Asset Transfer Plan (“HAT”). As further explained below, depending on the disposition category approved by the California Department of Finance (“DOF”), real property assets are to be transferred in one of the following ways; i) to the City for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold. Long-Range Property Management Plan (“LRPMP”) Parcels The Successor Agency approved the LRPMP on September 8, 2015. The Successor Agency’s Oversight Board approved the final version of the LRPMP, which included several last-minute revisions requested by DOF, was submitted to DOF on December 28, 2015. The DOF approved the “as-submitted” final LRPMP on December 31, 2015; however, DOF unilaterally amended the LRPMP to require the Baseball Stadium site to be sold rather than be transferred to the City at no cost as a government use property. Although DOF’s decision was appealed, DOF upheld its position on June 24, 2016. The LRPMP is the Successor Agency’s overarching policy document with respect to the disposition of its real property assets, that were held by the EDA and related agencies, except for the assets of the Low- and Moderate-Income Housing Fund (“LMIHF”). The disposition of the Successor Agency’s LMIHF real property assets is governed by the HAT, which is further described in a separate section below. The LRPMP allows the Successor Agency appropriate flexibility, within the parameters of the applicable sections of the California Health and Safety Code (“HSC”), with respect to the disposition of its real property assets. This flexibility will allow the Successor Agency to respond to economic development opportunities as they may arise. 23.c Packet Pg. 587 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) Page 2 of 6 The LRPMP includes 230 parcels grouped into 46 sites, which are segregated into following three real property disposition categories: 1. Government Use (19 sites; Site Nos. 1-19) – These properties meet the clear definition of a government use as described in the HSC, as the law is interpreted by DOF, and qualify for a no cost transfer from the Successor Agency to the City. 2. Future Development (7 sites; Site Nos. 20-26) – This category of properties includes those for which the City plans to complete an intended redevelopment program at the particular property and obtain commitments for development from third-party buyers and concurrence from the taxing entities on the terms of sale and distribution of land sales proceeds to the effected taxing entities. 3. For Sale (20 sites; Site Nos. 27-46) – These properties are those that do not qualify for a governmental use and do not require development commitments for development from third-party buyers to complete an intended redevelopment program use and, therefore, are to be sold. A copy of the LRPMP Property Inventory Data Matrix is included as Exhibit “A”. Please note that although the final version of the LRPMP indicates that the Baseball Stadium is a government use property, DOF’s unilateral amendment of the LRPMP requires the Baseball Stadium site to be sold. Housing Asset Transfer (“HAT”) Plan Parcels The HAT, as amended and subsequently approved by the DOF on August 11, 2016, identifies the former redevelopment agency’s LMIHF assets to be transferred to the City, in its capacity as the Successor Housing Agency, at no cost. The Successor Agency’s HAT included both real property and loans payable assets. The Amended HAT lists 141 parcels of land, one of which was sold in 2012, leaving 140 parcels to either be retained for housing purposes or sold. DOF has authorized 56 parcels to be transferred to the Successor Housing Agency at no cost and has determined that 84 parcels are to be sold. Of the 84 for sale parcels, 74 parcels constitute the “Arden-Guthrie” site (a potential future shopping center site). The Successor Agency’s schedule of LMIHF Real Property Assets is appended to this Strategy as Exhibit “B”. Current Property Disposition Approach and Status LRPMP REAL PROPERTY ASSETS: Government Use Sites: Title to the 18 DOF-approved Government Use sites were transferred to the City for no cost on June 29, 2016. The City is utilizing and managing these real property assets. 23.c Packet Pg. 588 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) Page 3 of 6 Future Development Sites: The seven (7) Future Development sites were transferred to the City for no cost on August 16, 2016, as directed by DOF on May 17, 2016. As a part of its acceptance of the Future Development sites, the City agreed to only transfer the LRPMP-designated future development sites to third parties after the taxing entities have approved a compensation agreement required by the HSC and the LRPMP. The resulting land sales proceeds would thereafter be divided among the taxing entities pursuant to the compensation agreement. In the interim, the City is now responsible for managing and maintaining these real property assets and facilitating the development by third parties. In addition to the above, the City retains the flexibility of selling its Future Development sites. The seven Future Development sites include the following: 1. Carousel Mall property (Site No. 20): The City is working with AECOM/Fransen to develop a reuse development plan for this approximately 40-acre site. 2. Theatre Square sites (including the Regal Theater and the California and Sturges Theatres) (Site No. 21): The City is working with AECOM/Fransen to complete the development of Regal Theater and the undeveloped portions of Theatre Square. AECOM/Fransen is not involved with the California or Sturges Theatres. However, AECOM/Fransen has offered suggestions to the City related to the California Theatre building. In addition, a consultant with specialized expertise related to performing arts venues has been engaged. Further, the San Bernardino City Unified School District has expressed interest in obtaining the Sturges Theatre from the City. This opportunity will be pursued during 2017. 3. 12 vacant commercial lots located west of North “H” Street, near the In- N-Out Burger (Site Nos. 22 and 23): The 12 vacant commercial lots are adjacent to five (5) parcels that are included within the 56 parcels that will be transferred to the Successor Housing Agency at no cost as a part of the approved Amended HAT. Together, the 17 parcels equal approximately five (5) acres of land located along West 5th Street that serves as a major gateway from the I-215 into downtown San Bernardino. Given the strategic nature of the “5 th Street Gateway Project”, it is envisioned that the greater site will be offered to the development community as one unit to allow for a master-planned development. This opportunity will be pursued during 2017. 4. Four vacant commercial lots located at the northwest corner of West Spruce Street and North Mt. Vernon Street consisting of approximately 0.56 acres (Site No. 24): It is currently recommended that this site be sold instead of held for future development. 5. ARCO AM/PM Station site at 5th Street and Mt. Vernon Avenue (Site No. 25): The City has previously authorized the transfer the site to ACAA, LP pursuant to a deed in-lieu process. A compensation agreement with the taxing entities has 23.c Packet Pg. 589 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) Page 4 of 6 been reached that will allow for this transfer. The transfer will occur within the next few weeks. 6. Approximately 93.90-acre (129-parcel) residential site located along the north side of the I-215, north of North Little League Drive (Site No. 26): It is currently recommended that this site be sold instead of held for future development. Other than Site Nos. 24 and 26, which are proposed for sale, and Site No. 25, which will be transferred as described above, the other five (5) Future Development sites will involve the selection of a site developer and the processing of a compensation agreement with the taxing entities. Depending on the site, this process may take several years to fully complete. For Sale Sites: Of the 21 For Sale sites, seven (7) have either been acquired by a third party or are pending approval for the sale to a third party, as follows: 1. San Manuel Baseball Stadium (Site No. 6): The property is currently being appraised as a part of a potential sale to the City to enable the continued operation of a minor-league baseball team on the site. Arrangements are anticipated to be confirmed during March 2017. 2. SBCTC Transit Center (Site No. 27): Due to the timing of the redevelopment dissolution process, the SBCTC acquired the property via an eminent domain process. Thus, no further action is required to sell the property. 3. Three vacant residentially zoned lots (two of which are adjacent) (Site Nos. 35, 36 and 37): The San Bernardino City Housing Division has requested these three parcels be acquired for future development of affordable housing. Together these parcels equal approximately 1.25 acres. The Housing Division proposes to purchase the parcels for fair market value using program income available to the Successor Housing Agency. 4. 0.66-acre vacant industrially zoned lot located along Foisy Street, south of East Central Avenue (Site No. 40): Per an approved purchase and sale agreement, Howard Industrial Partners (“HIP”) will purchase this lot for $122,473 to combine it with the balance of the parcels located in the same block to develop an approximately 200,000 square foot industrial facility valued at approximately $20,000,000. The offer price was confirmed by an independent Broker’s Opinion of Value. The site is now in escrow. 5. Two vacant industrial lots located along E. Cooley Avenue consisting of approximately 6.41 acres (Site No. 45): Per an approved purchase and sale agreement, Cooley Properties, L.P., the adjacent property owner, will purchase the 23.c Packet Pg. 590 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) Page 5 of 6 property for its fair market appraised value of $374,000. An approximately 1.91- acre portion of the site is usable. The site and the property owned by Cooley Properties, L.P. are occupied by Greenbrier Rail Services. The acquisition of this site will be able Cooley Properties L.P. to ensure the continuance of Greenbrier’s operations in San Bernardino and the retention of 36 to 75 highly skilled workers. The site is now in escrow. 6. 333 N. “H” Street (a vacant triangular lot) (a portion of Site No. 20): Fairview Ford Sales, Inc. has proposed to purchase this lot for $80,152 for parking purposes. The offer price was confirmed by an independent Broker’s Opinion of Value. A purchase and sale agreement will be presented to the Mayor and Common Council during March 2017. Subject to approval of the purchase and sale agreement by the Mayor and Common Council, the Oversight Board and DOF, escrow will be opened. 7. 385 N. “E” Street (an unoccupied restaurant building) (Site No. 43): David Friedman, dba, Realicore Real Estate, has proposed to purchase this property for $45,000 to revitalize it together with adjacent or nearby properties to enhance downtown San Bernardino’s business atmosphere at a future yet to be determined time. The offer price was confirmed by an independent Broker’s Opinion of Value. A purchase and sale agreement will be presented to the Mayor and Common Council during March 2017. Subject to approval of the purchase and sale agreement by the Mayor and Common Council, the Oversight Board and DOF, escrow will be opened. The remaining 15 sites together with three (3) HAT-designated for sale parcels (as described below) are proposed to be listed with a qualified real estate broker (or brokers) for sale to the public. An RFP process would be utilized to identify qualified real estate brokers. It is anticipated that a real estate broker(s) may be selected during May/June 2017. It is expected that the entire sale process may take up to one year to complete. The net land sales proceeds will be submitted to the County Auditor- Controller (the “CAC”). Once received, the CAC will in turn distribute the funds to the effected taxing entities in proportion to each taxing entities’ proportionate share of the General Tax Levy (the “GTL”). As an entitled taxing entity, the City of San Bernardino receives on average approximately 18% of the GTL applicable to the project areas of the City’s former redevelopment agency. HAT REAL PROPERTY ASSETS: Approved LMIHF Real Property Assets: Pursuant to the Amended HAT, as approved by DOF, on January 3, 2017, 56 parcels were transferred to the Successor Housing Agency at no cost. The City’s Housing Division will be responsible for utilizing the parcels for future affordable housing programs. In addition, the Housing Division has the unrestricted option of selling some parcels to raise funds to purse future affordable housing programs, if such sales are warranted by their housing program 23.c Packet Pg. 591 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) Page 6 of 6 strategy. Housing Program Strategies were adopted by the Mayor and Common Council in the Consolidated Plan and will be presented for further discussion during an upcoming Council meeting. Real Property Assets Designated for Sale: Ten (10) of the 84 parcels that are to be sold will be sold in a manner consistent with how the LRPMP-designated “for sale” parcels are to be sold. Of these ten (10) parcels, three (3) will be included within the real estate broker RFP. The San Bernardino City Housing Division has requested that the remaining seven (7) parcels be held for potential acquisition by the Successor Housing Agency for future development of affordable housing because they are located within the 19th and Sunrise future housing project site. Together, these parcels equal approximately 1.61 acres. As is required, the Housing Division proposes to purchase the parcels for fair market value based on a Broker’s Opinion of Value using program income available to the Successor Housing Agency. The remaining 74 parcels, that constitute the “Arden-Guthrie” site, are anticipated to be sold to developers for the future development of a modern shopping center. The negotiating process for this purpose has been on-going since 2010. It is anticipated that the property will be sold during 2017. Real Property Assets to be Listed and Flexibility for Future Opportunities A schedule of the 18 sites to be listed with a real estate broker(s) for sale is included as Exhibit “C”. The Successor Agency has a significant amount of real property requiring disposition to third parties. The LRPMP provides flexibility to enable the Successor Agency to positively respond to unforeseen opportunities, examples of which are described above. Since real estate related transactions are likely to be opportunity based, it may be necessary to adjust the disposition strategy for some of the Successor Agency’s parcels described in this Strategy on an as needed basis. 23.c Packet Pg. 592 Attachment: Property Disposition Strategy (4890 : Property Disposition Strategy) AR0 0 cQ Staff Report z City of San Bernardino Request for Council Action G''t ED IN 10 Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gary D. Saenz, City Attorney By: Jolena E. Grider, Chief Assistant City Attorney Subject: Policy Regarding Letters Signed by a Majority of the Council Recommendation Adopt a Resolution establishing a policy regarding letters signed by the majority of the members of the City Council. Discussion This policy would require that any time a letter is signed by a majority of the members of the City Council, it shall be approved in open session at a regularly scheduled or special meeting of the Mayor and City Council prior to being distributed. Fiscal Impact None. Conclusion Staff requests that the Mayor and City Council approve the policy. Attachments Attachment 1 — Resolution Ward: All Synopsis of Previous Council Actions: None 24.a Packet Pg. 593 Attachment: Policy Regarding Letters (4888 : City Policy Regarding Letters Signed by a Majority of the City Council) This page left blank intentionally 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A POLICY REGARDING LETTERS SIGNED BY A MAJORITY OF THE MEMBERS OF THE CITY COUNCIL BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Any letter that is to be signed by a majority of the members of the City Council shall first be placed on an agenda for a regularly scheduled or special meeting of the Mayor and City Council and be approved in open session prior to being distributed. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 24.b Packet Pg. 594 Attachment: Policy on Letters Signed by Council Resolution (4888 : City Policy Regarding Letters Signed by a Majority of the City Council) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A POLICY REGARDING LETTERS SIGNED BY A MAJORITY OF THE MEMBERS OF THE CITY COUNCIL I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this ________ day of ______________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 24.b Packet Pg. 595 Attachment: Policy on Letters Signed by Council Resolution (4888 : City Policy Regarding Letters Signed by a Majority of the City Council) Staff Report City of San Bernardino Request for Council Action Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gary D. Saenz, City Attorney Subject: Letter Requesting Federal Assistance Recommendation Discussion regarding the letter to the President of the United States requesting federal assistance. Background On February 13, 2017, a letter was sent to President Trump requesting federal assistance. The letter was signed by the Mayor, Councilmembers, the City Attorney and the Police Chief. Discussion The letter was signed by the Mayor and a majority of the Council so it is necessary to discuss this in Open Session. Fiscal Impact None. Attachments Attachment 1 – Letter to the President of the United States Ward: All Synopsis of Previous Council Actions: None 25.a Packet Pg. 596 Attachment: Letter to the President.Report (4892 : Letter Requesting Federal Assistance) This page left blank intentionally 25.b Packet Pg. 597 Attachment: Letter to the President.Attach 1.Trump Letter (4892 : Letter Requesting Federal Assistance) 25.b Packet Pg. 598 Attachment: Letter to the President.Attach 1.Trump Letter (4892 : Letter Requesting Federal Assistance) Staff Report City of San Bernardino Request for Council Action Date: March 6, 2017 To: Honorable Mayor and City Council Members From: Gary D. Saenz, City Attorney Subject: Authorization to Send Letter in Support of Inland Empire Job Corps Recommendation Adopt the Resolution authorizing the Mayor and City Council of the City of San Bernardino to send a letter in support of Inland Empire Job Corps to Congress and the President of the United States. Discussion President Trump is talking about reducing the federal budget and the Heritage Foundation has recommended eliminating the Job Corps program. Inland Empire Job Corps has requested that the City of San Bernardino send a letter of support to our Representatives in Washington, D.C. Fiscal Impact None. Attachments Attachment 1 – Resolution Attachment 2 - Letter Ward: All Synopsis of Previous Council Actions: None 26.a Packet Pg. 599 Attachment: Job Corp Letter of Support.Report (4893 : Authorization to Send Letter in Support of Inland Empire Job Corps) This page left blank intentionally 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO TO SEND A LETTER IN SUPPORT OF INLAND EMPIRE JOB CORPS TO CONGRESS AND THE PRESIDENT OF THE UNITED STATES. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and City Council is hereby authorized to send a letter in support of Inland Empire Job Corps to Congress and the President of the United States. The letter is attached hereto as Exhibit “A” and incorporated herein. /// /// /// /// /// /// /// /// /// /// /// /// /// 26.b Packet Pg. 600 Attachment: Job Corp Letter in Support.Attach 1.Resolution (4893 : Authorization to Send Letter in Support of Inland Empire Job Corps) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO TO SEND A LETTER IN SUPPORT OF INLAND EMPIRE JOB CORPS TO CONGRESS AND THE PRESIDENT OF THE UNITED STATES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a ____________ meeting thereof, held on the _______ day of __________________, 2017, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ _____ _____ _______ _______ BARRIOS _____ _____ _______ _______ VALDIVIA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ Georgeann Hanna, City Clerk The foregoing Resolution is hereby approved this ________ day of ______________, 2017. R. Carey Davis, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: _________________________ 26.b Packet Pg. 601 Attachment: Job Corp Letter in Support.Attach 1.Resolution (4893 : Authorization to Send Letter in Support of Inland Empire Job Corps) OFFICE OF THE MAYOR R. CAREY DAVIS 300 North “D” StreetSan BernardinoCA 92418-0001 909.384.5133Fax: 909.384.5067 www.ci.san-bernardino.ca.us Dear House Committee on Appropriations Subcommittee, On behalf of the City of San Bernardino, we are writing to request full and continued funding for the Inland Empire Job Corps Program. Job Corps’ commitment to providing vocational training to high and at-risk youth, who have dropped out of high school and/or require alternative education, is powerful. In doing so, the lives of these youth have been positively impacted and they are well prepared to pursue stable career paths. They bring not only industry skills, but they're top notch in every other aspect of employment. We are supporters of what Job Corps has done in helping young people become self- sufficient and prepared for the labor market. Job Corps also provides our local companies with qualified and certified individuals who are ready to fill positions in the workforce. The City has benefited from the youth who participate in the Job Corp Program. The City has hired graduates from the Inland Empire Job Corps Center and has also partnered with the center to provide internships and volunteer opportunities. Through the Job Corp program and its young people, the city has been able to accomplish much needed projects while providing them with the opportunity to gain job experience. It is important that these critical programs are available to our youth. We respectfully request that you continue to fund the Job Corps program. Sincerely, CITY OF SAN BERNARDINO 26.c Packet Pg. 602 Attachment: Job Corps Letter is Support.Attach 1.Exh A.Draft Letter (4893 : Authorization to Send Letter in Support of Inland Empire Job This page left blank intentionally NARD Mo cQ Staff Report City of San Bernardino Request for Council Action Date: March 6, 2017 To: Mark Scott, City Manager From: John Valdivia, Chairman of Legislative Review Committee By: Jorge Carlos, Executive Staff Assistant to City Council Subject: DISCUSSION OF ILLEGAL FIREWORKS Recommendation Develop an effective strategic enforcement plan to mitigate the use of illegal fireworks in the City of San Bernardino, California. Background The use of illegal fireworks is a serious problem in the City. During the 4t" of JUly, illegal fireworks are discharged throughout the City, including the areas north of the 210 Freeway, where all fireworks are banned. Council Members receive many complaints from City residents during the 4t" of July season. Discussion On February 13, 2017, the Legislative Review Committee recommended that illegal the fireworks issue be referred to the full council for a proactive discussion and to receive community feedback with which to create an effective strategy to provide the level of enforcement needed to mitigate the illegal fireworks problem citywide. The San Bernardino County Fire Department implements a fee supported system for enforcement and inspection. The San Bernardino County Fire Department also participates in multi-agency interdiction programs before the 4t" of July season. Fees from Administrative Civil Penalties in the amount of $1,250.00 for fireworks violations provide a source of funding for the San Bernardino County Fire Department's fireworks enforcement program. Law enforcement and public education are important components for an effective strategic plan. Fiscal Impact To be determined 27.a Packet Pg. 603 Attachment: Discussion Of Illegal Fireworks (4889 : Discussion of Illegal Fireworks) Ward: ALL WARDS Synopsis of Previous Council Actions: MCC-July 18,2015 referred to Legislative Review Committee 27.a Packet Pg. 604 Attachment: Discussion Of Illegal Fireworks (4889 : Discussion of Illegal Fireworks)