HomeMy WebLinkAbout05-01-2019 Agenda BackupCITY 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, 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
WEDNESDAY, MAY 1, 2019
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH E STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 ACTING CITY MANAGER
Vacant 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. You may email your request to speak
to publiccomments@sbcity.org prior to 5:30 p.m. Each request will cover one speaker. Those who
wish to speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
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 www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/26/2019
o
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Vacant
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 John Valdivia
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
Acting City Manager Teri Ledoux
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)):
i. People of the State of California, et al. v. MJ Dispensary, Inc., et al.,
CIVDS1516186
ii. Redevelopment Agency of the City of San Bernardino v. DMC Investment
Holdings, LLC, Los Angeles County Superior Court Case No. BC465755
iii. Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles
County Superior Court Case No. 468955
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(4)):
One case
C. PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section
54957(b)(1)):
City Manager
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/26/2019
D. PUBLIC EMPLOYEE DISMISSAL (Pursuant to Government Code Section
54957(b)(1)):
City Manager
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8):
Property: A portion of the surface parking lot area of the former
Carousel Mall property, generally located between West
4th Street on the north, North “G” Street on the west,
West 2nd Street on south and North “E” Street on the
east.
(APNs 0134-221-31 & 45)
Negotiators: Teri Ledoux, Acting City Manager, and Jack Cooper
Logistics, LLC
Under Negotiation: Price and Terms of Lease
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
2. Issuance of Proclamations:
50th Anniversary of Municipal Clerks Week (May 5 -11, 2019) and
Presentation of Master Municipal Clerk Designations - Gigi Hanna,
John Paul Maier, and Candice Alvarez
Building and Safety Month – Michael Huntley
APPOINTMENTS
3. Water Board Appointment
Recommendation: Approve the re-appointment of Cecilia (Toni) A.
Callicott to the Water Board for another term of
service beginning on Monday, May 13, 2019 at 12:00
p.m. and ending on May 12, 2025 at 11:59 a.m.
4. Parks, Recreation and Community Services Commission Appointment
Recommendation: Approve the appointment of Danielle A. Jones to the
Parks, Recreation and Community Services
Commission.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/26/2019
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE 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. 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 5:00 p.m. the day of the
meeting. If you wish, you may email your speaking request to 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. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated May 1, 2019.
6. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
March/April 2019.
7. City Council Approval of Draft Minutes
Recommendation: Approve the minutes of the Mayor and City Council
Regular Meeting of February 6, 2019 and Special
Meetings of February 6, 2019 and February 11, 2019.
8. Inland Valley Development Agency (IVDA) Facility Use and License
Agreement
Recommendation: Adopt Resolution No. 2019-67 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the City Manager to execute an
agreement between the City and the Inland Valley
Development Agency (IVDA) to provide meeting
space for regular and special Council meetings.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/26/2019
9. Intention to Conduct a Public Hearing to Consider the Vacation of a Portion
of “I” Street, Broadway Street and Main Street, south of 3rd Street and the
Reservation of Utility Easements Therein
Recommendation: Adopt Resolution No. 2019-56 of the Mayor and City
Council of the City of San Bernardino, California,
declaring its intention to conduct a Public Hearing to
consider the vacation of a portion of “I” Street,
Broadway Street and Main Street, for Plan No. 13218
and the utility easements therein.
10. First Amendment to Infrastructure Improvement Agreement with the San
Manuel Band of Mission Indians for Victoria Avenue Improvements
Recommendation: Adopt Resolution No. 2019-57 of the Mayor and City
Council of the City of San Bernardino, California,
approving the First Amendment to Infrastructure
Improvement Agreement with the San Manuel Band
of Mission Indians (SMBMI) for Victoria Avenue
Improvements and authorizing the City Manager to
execute the Amendment.
11. Claim to SBCTA for Reimbursement of TDA Article 3 Funds for Delineation
of Class II Bike Lanes along "G" Street and Rialto Avenue and Authorizing
the City Manager to Execute the Claim
Recommendation: Adopt Resolution No. 2019-58 of the Mayor and City
Council of the City of San Bernardino, California,
approving submittal of a claim to the San Bernardino
County Transportation Authority (SBCTA) for
reimbursement of TDA Article 3 funds for delineation
of Class II Bike Lanes along "G" Street from Inland
Center Drive to Rialto Avenue and along Rialto
Avenue between "G" Street and "E" Street; and
authorize the City Manager to execute the claim form.
12. Award of As Needed On-Call Traffic Engineering Consultant Services
Agreements
Recommendation: Adopt Resolution No. 2019-59 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a Consultant Services
Agreements with Advantec Consulting Engineers,
Infrastructure Engineers and KOA Corporation for as
needed on-call traffic engineering services.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/26/2019
13. Award of Construction Contract to White Head Construction for Storm
Drain Repair at Various Locations
Recommendation: Adopt Resolution No. 2019-60 of the Mayor and City
Council of the City of San Bernardino, California,
approving the award of a Construction Contract to
White Head Construction in the amount of $280,710
for storm drain repair at various locations; authorize
the City Manager to execute the construction
contingency in the amount of $29,290; and authorize
the City Manager or designee to expend the
contingency fund, if necessary, to complete the
project.
14. Amendment Number Two to Agreement with HdL for the Cannabis
Management Program
Recommendation: Adopt Resolution No. 2019-62 of the Mayor and City
Council of the City of San Bernardino, California,
approving Amendment Number Two to the Consulting
Services Agreement with Hinderliter, de Llamas and
Associates (HdL) to:
1. Increase the total amount of the contract to a total
amount not to exceed $764,613.50 and an annual
amount not to exceed $149,600;
2. Add additional services to include on-site business
compliance inspections, annual financial audits,
and technical assistance and subject matter
expertise; and
3. Extend the term of the agreement to May 31, 2022
for the Commercial Cannabis Management
Program and include two (2) one year extensions.
15. City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
by SB 1 - The Road Repair and Accountability Act of 2017
Recommendation: Adopt Resolution No. 2019-63 of the Mayor and City
Council of the City of San Bernardino, California,
adopting a list of projects for FY 2019/20 funded by
SB 1 - The Road Repair and Accountability Act of
2017.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/26/2019
16. Amendment No. 1 to Professional Services Agreement Between the City of
San Bernardino and Annie Clark
Recommendation: Authorize the execution of Amendment No. 1 to
Professional Services Agreement for accounting
consultant services and authorize the City Manager or
designee to take any further actions as necessary to
effectuate the agreement.
17. Purchase and Sale Agreement with Felipe Del Real Soto, Ruben Castaneda
Calderon and Maribel Felix with Respect to a Parcel of Real Property
located on N. Harris Street (APN 0144-131-21) – Successor Agency Action
Recommendation: Approve a Purchase and Sale Agreement and Joint
Escrow Instructions between the Successor Agency
and Felipe Del Real Soto, Ruben Castaneda
Calderon and Maribel Felix with respect to a parcel of
real property located at N. Harris Street, San
Bernardino, California (APN 0144-131-21), and
authorize the Acting City Manager to execute the
Agreement.
18. Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services
Recommendation: Adopt Resolution No. 2019-65 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the City Manager to execute an
agreement between the City of San Bernardino and
Bio-Tox Laboratories, Inc.
19. Authorize Budget Amendment and Purchase Order Increase for Parking
Citation Processing Fees
Recommendation: Adopt Resolution No. 2019-66 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the Director of Finance to amend the
Adopted FY2018/19 Budget by an amount equal to
35% of the amount collected through the Parking
Citation Intercept Program and to increase the
Purchase Order to Phoenix Group Information
Systems.
20. Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City Manager
Recommendation: Adopt Ordinance No. MC-1516 of the Mayor and City
Council of the City of San Bernardino, California,
amending Chapter 2.02 of the San Bernardino
Municipal Code relating to the City Manager.
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/26/2019
21. November 2018, January, February and March 2019 City Board,
Commission, and Citizen Advisory Committee Approved Minutes
Recommendation: Receive and file the minutes from the City board,
commission, and citizen advisory committee meetings
approved in March and April 2019.
STAFF REPORTS
22. National League of Cities Conference Update – March 10-13, 2019
Recommendation: Receive an oral report by Mayor Valdivia.
23. Transportation, Communication & Public Works Policy Committee Update –
March 29, 2019
Recommendation: Receive an oral report by Mayor Valdivia.
24. Water Education for Latino Leaders (WELL) 7th Annual Conference Update
– March 28-29, 2019
Recommendation: Receive an oral report by Council Member Sandra
Ibarra.
25. Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code
Imposing Regulations in Sidewalk Vending
Recommendation: Approve Ordinance No. MC-1517 of the Mayor and City
Council of the City of San Bernardino, California, adding
Chapter 5.30 to Title 5 of the San Bernardino Municipal
Code imposing regulations in sidewalk vending.
26. Oral Crime Report and Introduction of Area Commanders
Recommendation: Receive a crime report and introduce Area
Commanders.
27. Transfer the Sturges Center for the Fine Arts to the San Bernardino City
Unified School District and Retention of the California Theatre of the
Performing Arts by the City of San Bernardino
Recommendation: Approve the following Agreements and authorize the
Acting City Manager to execute each one:
1. Purchase and Sale Agreement and Joint Escrow
Instructions with the San Bernardino City Unified
School District to transfer the Sturges Center for
the Fine Arts to the District for governmental use
at no cost;
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 9 Printed 4/26/2019
2. Possession and Occupancy Agreement with the
San Bernardino City Unified School District
providing the District immediate possession and
access to the Sturges Center for the Fine Arts;
and
3. Compensation Agreement with the affected taxing
entities entitled to a share of the pass-through
payments and distributions of property taxes with
respect to the redevelopment project areas of the
former Redevelopment Agency of the City of San
Bernardino consenting to the transfer of the
Sturges Center of the Fine Arts to the District and
the California Theatre of the Performing Arts to the
City for governmental use to provide for their
continued use for public performing and cultural
arts purposes, subject to receiving the Properties
at no cost without compensation to the taxing
entities.
PUBLIC HEARINGS
28. Modification of Underground Utility District No. 20 along 40th Street
between Kendall Drive and Palm Drive
Recommendation: 1. Conduct a Public Hearing regarding the
modification of Underground Utility District No. 20
along 40th Street between Kendall Drive and Palm
Drive; and
2. Adopt Resolution No. 2019-61 of the Mayor and
City Council of the City of San Bernardino,
California, approving the modification of
Underground Utility District No. 20 along 40th
Street between Kendall Drive and Palm Drive.
29. Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
Community Development Block Grant, HOME Investment Partnerships and
Emergency Solutions Grant Programs
Recommendation: 1. Conduct a public hearing on the draft Fiscal Year
2019/20 Annual Action Plan associated with the
Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), and
Emergency Solutions Grant (ESG) programs and
related grant funding; and
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 10 Printed 4/26/2019
2. Adopt the draft Fiscal Year 2019/20 Annual Action
Plan as an application for funding under
Community Development Block Grant (CDBG),
Home Investment Partnerships (HOME), and
Emergency Solutions Grant (ESG) programs and
authorize the City Manager or designee to take
any further actions and execute any further
documents as are necessary to effectuate the
submittal of the Draft HUD Fiscal Year 2019/20
Annual Action Plan and certification to HUD.
MATTERS OF COUNCIL INTEREST
30. Matters of Council Interest Follow-Up Report
1. Analysis on expanding a security camera program
2. Reactivating the Cannabis Committee, Citizen Advisory Committee and
ensure that the Charter Committee is still meeting
3. Support for the 2020 U.S. Census
4. Discussion on bringing the City Clerk back to Closed Session
5. Food truck regulations
6. Censure Policy for Elected Officials
ADJOURNMENT
The next joint regular meeting of the Mayor and City Cou ncil and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, May 15, 2019 in the Council Chamber located at 201 North “E” Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, MMC, City Clerk for the City of San Bernardino, California,
hereby certify that the agenda for the May 1, 2019 regular meeting of the Mayor and
City Council and the Mayor and City Council acting as the Successor Agency to the
Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E”
Street, San Bernardino, California, at the San Bernardino Public Library, and on the
City’s website www.ci.san-bernardino.ca.us on Friday, April 26, 2019.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, MMC, City Clerk
Regular Meeting Agenda May 1, 2019
Mayor and City Council of the City of San Bernardino Page 11 Printed 4/26/2019
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 commen ts. 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/he r
three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council a nd 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 Redeve lopment 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.
Appointment
City of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: Water Board Appointment
Recommendation
Approve the re-appointment of Cecilia (Toni) A. Callicott to the Water Board for another
term of service beginning on Monday, May 13, 2019 at 12:00 p.m. and ending on May 12,
2025 at 11:59 a.m.
Background
The Water Board was established under Charter Section 603 and is responsible for the
oversight and management of the City’s water supply, recycled water, wastewater collection
and treatment; employing such persons as may be needed for the proper administration of
the City’s water and wastewater systems; setting and collecting water and wastewater
rates, fees and charges; allocating all receipts and expenditures to separate, independent,
water and sewer funds in accordance with State law; providing for an annual, independent
audit of all water and wastewater accounts; compensating members of the Water Board;
collaborating with the Mayor, City Council, and the City Manager on matters concerning the
City’s water and wastewater systems; and establishing and periodically reviewing and
revising such rules and regulations as may be appropriate for managing the City’s water
and wastewater systems.
Discussion
The Water Board is comprised of five (5) members appointed by a vote of the Mayor and
entire Council, as provided for in section 304(b) of the Charter, to serve without
compensation. The term of service for this appointment will end on May 12, 2025 at 11:59
a.m.
Mayor, City Council and City Manager Goals and Objectives
The proposed appointment aligns with Goal Number 5 Improving City Government
Operations by implementing the city charter and appointing qualified residents to the City’s
boards, commissions and citizen advisory committees with clearly defined roles.
Conclusion
Approve the re-appointment of Cecilia (Toni) A. Callicott to the Water Board for another
term of service beginning on Monday, May 13, 2019 at 12:00 p.m. and ending on May 12,
2025 at 11:59 a.m.
Fiscal Impact
None
3.a
Packet Pg. 12 Attachment: MCC.Water Board Re-appointment - Cecilia (Toni) A. Callicott (6058 : Water Board Appointment)
Attachments
Attachment 1 – Commission application – Cecilia (Toni) A. Callicott
3.a
Packet Pg. 13 Attachment: MCC.Water Board Re-appointment - Cecilia (Toni) A. Callicott (6058 : Water Board Appointment)
3.b
Packet Pg. 14 Attachment: MCC.Commission application - Cecilia (Toni) A. Callicott_Redacted (6058 : Water Board Appointment)
3.b
Packet Pg. 15 Attachment: MCC.Commission application - Cecilia (Toni) A. Callicott_Redacted (6058 : Water Board Appointment)
3.b
Packet Pg. 16 Attachment: MCC.Commission application - Cecilia (Toni) A. Callicott_Redacted (6058 : Water Board Appointment)
3.b
Packet Pg. 17 Attachment: MCC.Commission application - Cecilia (Toni) A. Callicott_Redacted (6058 : Water Board Appointment)
Appointment
City of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member Fourth Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: Parks, Recreation and Community Services Commission
Appointment
Recommendation
Approve the appointment of Danielle A. Jones to the Parks, Recreation and Community
Services Commission.
Background
The Parks, Recreation and Community Services Commission was established by
Resolution No. 2018-47 on February 21, 2018 and is charged with advising the Mayor,
City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth
and senior affairs in the City. Appointees to the commission must have relative
experience or knowledge in the area of parks, recreation services, youth and senior
services or other areas which relate to the mission and purpose of the Commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
Mayor, City Council and City Manager Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by appointing commissioners to the citizen advisory boards
with clearly defined roles.
Conclusion
Approve the appointment of Ms. Danielle A. Jones to the Parks and Recreation
Commission.
Fiscal Impact
None
4.a
Packet Pg. 18 Attachment: MCC.Parks, Recreation & Community Services Commission appointment - Danielle A. Jones (6059 : Parks, Recreation and
Attachments
Attachment 1 – Commission Application – Danielle A. Jones
4.a
Packet Pg. 19 Attachment: MCC.Parks, Recreation & Community Services Commission appointment - Danielle A. Jones (6059 : Parks, Recreation and
4.b
Packet Pg. 20 Attachment: MCC.Commission application - Danielle A. Jones_Redacted (6059 : Parks, Recreation and Community Services Commission
4.b
Packet Pg. 21 Attachment: MCC.Commission application - Danielle A. Jones_Redacted (6059 : Parks, Recreation and Community Services Commission
4.b
Packet Pg. 22 Attachment: MCC.Commission application - Danielle A. Jones_Redacted (6059 : Parks, Recreation and Community Services Commission
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: May 1, 2019
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 May 1, 2019.
5.a
Packet Pg. 23 Attachment: Waive Reading.Report_May 1 (6060 : Waive Full Reading of Resolutions and Ordinances)
6.a
Packet Pg. 24 Attachment: FN.Commercial Checks Payroll Report -April 17. 2019 (6061 : City Council Approval of Commercial and Payroll Checks)
2018-19 Goals and Objectives
Approval of the noted check registers for commercial and payroll checks align with Goal
No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and
City Council’s approval of the City’s weekly remittances to third parties promotes
transparency of City business with the public.
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 Mayor and City Council of the City of San Bernardino
approve the commercial and payroll checks for March/April 2019.
Attachments
Attachment 1 Commercial checks for Register #46
Attachment 2 Commercial checks for Register #47
Attachment 3 Commercial checks for Register #48
Attachment 4 Commercial checks for Register #49
Attachment 5 Commercial checks for Register #50
Attachment 6 Payroll checks for March 21, 2019
Attachment 7 Payroll checks for April 4, 2019
Ward:
Synopsis of Previous Council Actions:
6.a
Packet Pg. 25 Attachment: FN.Commercial Checks Payroll Report -April 17. 2019 (6061 : City Council Approval of Commercial and Payroll Checks)
6.b
Packet Pg. 26 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 27 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 28 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 29 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 30 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 31 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 32 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
6.b
Packet Pg. 33 Attachment: FN.Commercial Checks & Payroll. Register #46 (6061 : City Council Approval of Commercial
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Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: Gigi Hanna, MMC, City Clerk
Subject: City Council Approval of Draft Minutes
Recommendation
Approve the minutes of the Mayor and City Council Regular Meeting of February 6,
2019 and Special Meetings of February 6, 2019 and February 11, 2019.
7.a
Packet Pg. 125 Attachment: Minutes_May 1 (6062 : City Council Approval of Draft Minutes)
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor and City Council of the City of San Bernardino Page 1 Printed 1/10/2019
MINUTES
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, 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
WEDNESDAY, FEBRUARY 6, 2019
4:00 PM
The Joint Regular meeting of the Mayor and City Council of the City of San Bernardino
was called to order at 4:19 p.m. by Mayor John Valdivia on Wednesday, February 6,
2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 3:30 PM
Sandra Ibarra Council Member, Ward 2 Present 3:30 PM
VACANT Council Member, Ward 3 VACANT ---------
Fred Shorett Council Member, Ward 4 Present 3:30 PM
Henry Nickel Council Member, Ward 5 Present 3:30 PM
Bessine L. Richard Council Member, Ward 6 Present 3:30 PM
James Mulvihill Council Member, Ward 7 Present 3:30 PM
John Valdivia Mayor Present 3:30 PM
Georgeann "Gigi" Hanna City Clerk Present 3:30 PM
Thomas Rice Assistant City Attorney Present 3:30 PM
Andrea Miller City Manager Present 3:30 PM
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
VACANT – Third Ward
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/25/2019
Pledge of Allegiance and Invocation
Pastor Brian Williams from Ecclesia Christian Fellowship led the invocation and
Elizabeth Rodrigues from Wilson Elementary School led the Pledge of Allegiance.
Appointments
1. Parks, Recreation and Community Services Commission Appointment
Approved
Motion: Appoint Roxana M. Barrera to the Parks, Recreation and
Community Services Commission.
RESULT: ADOPTED [5 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill
AWAY: Theodore Sanchez
2. Measure “Z” Citizens Oversight Committee Appointment
Approved
Motion: Appoint Gloria G. Amaya to the Measure “Z” Citizens Oversight
Committee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
3. Arts and Historical Preservation Commission Reappointment
Approved
Motion: Reappoint Dorothy J. Garcia to the Arts and Historical Preservation
Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
4. Arts and Historical Preservation Commission Appointment
Approved
Motion: Appoint Mario Montecino to the Arts and Historical Preservation
Commission.
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 3/25/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
5. Interagency Council on Homelessness
Approved
Motion: Appoint Mayor Pro Tem Bessine Richard to the Interagency
Council on Homelessness, as a voting member, and Councilwoman
Sandra Ibarra as her alternate.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Presentations
6. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange announced the upcoming Chamber events. Darrell Frye
announced events connected with Assemblywoman Eloise Reyes.
Public Comment for items not on the agenda
Karina Cornejo, San Bernardino, said she is concerned about the direction the city is
taking and spoke about homicides in the city over the past month. She said the council
and mayor need to focus on crime, blight and homelessness. She also decried items on
the agenda recently that she said are not compliant with the spirit of the new Charter.
Shirley Harlan, San Bernardino, said the gavel has a long history and it is not being
used with the reverence it should have. She said the microphone is the appropriate tool
to use to bring order to the meeting.
Jon Schollenberger, San Bernardino, spoke in support of Council Member Mulvihill
and said he had a diverse set of constituents. He said San Bernardino doesn't need DC-
style of politics and spoke in favor of field reps.
Robert Porter, San Bernardino, suggested that the animal shelter be taken care of in
house if possible. He said everyone is is talking about compromise and asked the
council to make it happen. He also asked about the possibility of adding cannabis
lounges to the list of approved businesses.
Rory Murray, San Bernardino spoke about problems of dumping and graffiti in the
seventh ward, specifically the car wash near 40th Street. He suggested increasing fines
for dumping and surveillance cameras along Harrison to get license numbers of people
doing it.
Paige Miller passed out fliers for low-cost spay/neuter services and encouraged the
council members to invite a shelter animal to join them during their monthly council
announcements. She also mentioned the possible sale of the Arrowhead Country Club
and said it is a sanctuary for people and animals and needs to be pro tected and that it
was deeded along with the understanding that it would remain green space .
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 3/25/2019
Luis Ojeda commended the city for doing better and said there is still a lot to be done.
He encouraged people to report dumpers and to share citywide dump days with their
neighbors. He said he was upset about the termination of the Public Relations firm after
spending $190,000 with nothing to show for it and said that council needs to think about
long term consequences of its decisions
Dolores Armstead, San Bernardino, said she would like an update on the former Boys
and Girls Club. She said people are curious about the use of city-owned building now
that the BGCSB charter has been pulled. She said she would like to see something
credible to be in the space. No one has responded to the school district or the
community group interested in the matter and the community deserves an answer.
Arian Sandal, said she hears about the city and wonders where all the money is going .
She discussed what she considers problems, including homelessness, public
transportation routes, empty buildings, lack of businesses, opportunities for disabled
people and other issues.
Karmel Roe, San Bernardino, said some of the street lights are fixed and the trees are
trimmed but for the past few weeks she has been harassed at her home by city police
officers. She said she should be allowed to express how she feels about the
government in the city and not have to worry about her children getting tickets or
encounters with code enforcement.
Scott Olson, San Bernardino, said the city has a lot of baggage left over from previous
administration decisions and that regionalism is hiding behind bureaucrasy. He asked if
the goal with the animal control shelter is to wipe out the department to pass off
responsibility to another government agency.
Ryan Morrell, of Jimmie Johns, spoke about his support of Project Fighting Chance
and congratulated them for winning national championships.
Consent Calendar
Items on the Con sent Calendar are considered routine and are voted on in a single
motion, a council or staff member has pulled the item for more discussion. Council
Member Sanchez pulled item 21; Council Member Ibarra pulled items 13 and 22;
Council Member Nickel pulled items 11 and 18; Council Member Mulvihill pulled item 15
to abstain from voting on it.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 3/25/2019
7. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of Resolutions and Ordinances on the agenda
dated February 6, 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
8. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for January 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
9. City Council Approval of Draft Minutes
Approved
Motion: Approve the minutes of the Mayor and City Council Regular
Meetings of December 5, 2018 and January 16, 2019 .
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
10. Water Board Terms of Office
Approved
Motion: Adopt the resolution.
Reso. 2019-16 Resolution of the Mayor and City Council of the City of San
Bernardino, California, confirming the terms of office of the
members of the Water Board to terms of office as required
by Charter.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 3/25/2019
11. Purchase and Sale Agreement for 478 and 480 N. "D" Street (APNs 0134-
141-28 and 0134-141-29)
Approved
Motion: Authorize the City Manager to execute a Purchase and Sale
Agreement and Joint Escrow Instructions between the Successor
Agency and Inland Maple Partners, LLC with respect to the real
property located at 478 and 481 N. "D" Street, San Bernardino,
California (APNs 0134-141-28 and 0134-141-29), and approving
certain related actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
12. Resolution of the Mayor and City Council of the City of San Bernardino
Declaring Its Intent to Order the Vacation of a Portion of Little Mountain
Court and the Reservation of Utility Easements Therein
Approved
Motion: Adopt the resolution.
Reso. 2019-17 Resolution of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a
Public Hearing to order the vacation of portions of Little
Mountain Court located on the northeast corner of Little
Mountain Court and 27th Street and the reservations of
utilities therein.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
13. Resolution of the Mayor and City Council of the City of San Bernardino
Declaring Its Intent to Order the Vacation of a Portion of "I" Street,
Broadway Street, and Main Street, South of 3Rd Street and the Reservation
of Utility Easements Therein
Approved
Motion: Adopt the resolution.
Reso. 2019-18 Resolution of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a
Public Hearing to order the vacation of portions of "I" Street,
Broadway Street, and Main Street, south of 3rd Street and
the reservations of utilities therein.
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 3/25/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
14. Final Reading and Adoption - Ordinance MC-1513 - Development Code
Amendment (Zoning Map Amendment) 18-03 - Fast 5 Xpress Car Wash
Approved
Motion: Adopt the ordinance.
MC-1513 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code
Amendment (Zoning Map Amendment) 18-03 to change the
Zoning District Classification from Residential Medium High
(RMH) to Commercial General (CG-1) of one (1) parcel
(APN:0280-131-28) containing a total of approximately 0.39
acres, pursuant to a Mitigated Negative Declaration.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
15. Final Reading, and Adoption - Ordinance No. MC-1511 Amending Section
2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code
Relating to Meetings
Speaker
Shirley Harlan
Approved
Motion: Adopt the ordinance.
MC-1511 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, amending Section 2.58.010 of
Chapter 2.58 of Title 2 of the San Bernardino Municipal
Code relating to meetings.
RESULT: ADOPTED [4 TO 1]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Theodore Sanchez, Sandra Ibarra, Henry Nickel, Bessine L. Richard
NAYS: Fred Shorett
ABSTAIN: James Mulvihill
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 3/25/2019
16. Amendment No. 2 to the Agreement for Services with Tetra Tech for Design
of the 2Nd Street Bridge Replacement at Warm Creek
Approved
Motion: Adopt the resolution.
Reso. 2019-19 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving Amendment No. 2 to the
Agreement for Services with Tetra Tech for design of the 2 nd
Street Bridge replacement at Warm Creek (SS13-001).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
17. Transition of Deferred Compensation 457(B) Record Keeper from
Nationwide Retirement Services to MassMutual and Amend Professional
Services Agreement with SFG Retirement Plan Consulting, LLC as the
457(B) Plan Consultant and Investment Advisor
Approved
Motion: Terminate the current 457(b) deferred compensation plan
with Nationwide Retirement Services effective within 90 days
of City Council approval and initiation of a new 457(b)
deferred compensation plan agreement with MassMutual
also effective within 90 days of City Council approval; and
Amend the existing one-year agreement with SFG
Retirement Plan Consulting, LLC as the plan consultant,
investment advisor and Fiduciary to the City's 457(b)
deferred compensation plan modifying the term of the
agreement to a three-year period; and
Approve the proposed Investment Policy Statement; and
Authorize the City Manager, or designee, to execute the
necessary agreements to effectuate the above noted
actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
7.b
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Mayor and City Council of the City of San Bernardino Page 9 Printed 3/25/2019
18. Authorize the First Amendment to the Vendor Services Agreement with
West Coast Lights & Sirens, Inc.
Approved
Motion: Adopt the resolution.
Reso. 2019-20 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to
execute the First Amendment to Vendor Services Agreement
with West Coast Lights & Sirens, increasing the total to
$528,280 for FY 2018/19 with one single-year renewal
option through June 30, 2020; and authorizing the Director of
Finance to increase the Purchase Order issued to West
Coast Lights & Sirens, Inc. in an amount not to exceed
$528,280 pursuant to San Bernardino Municip al Code
3.04.010(b)(3), purchases approved by the Mayor and City
Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
19. Issuance of a Purchase Order to DuraTech USA for the Purchase of Mobile
Data Computers (MDC) Equipment
Approved
Motion: Adopt the resolution.
Reso. 2019-21 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to
issue a purchase order to DuraTech USA in an amount not
to exceed $125,000 to purchase mobile data computer
(MDC) equipment.
20. City of San Bernardino Boards, Commissions, and Citizen Advisory
Committees - Updating the Regular Meeting Dates, Times, and Locations
Approved
Motion: Adopt the resolution.
Reso. 2019-22 Resolution of the Mayor and City Council of the City of San
Bernardino, California, amending the regular meeting dates,
times, and locations for City Boards, Commissions, and
Citizen Advisory Committees and repealing Resolution No.
2018-276.
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 10 Printed 3/25/2019
21. City Manager Purchasing Authority
Approved
Motion: Prepare an ordinance maintaining the City Manager’s
spending authority, excluding professional consultant
agreements.
RESULT: ADOPTED [4 TO 2]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Shorett, Nickel, Richard, Mulvihill
NAYS: Sanchez, Ibarra
22. Commercial Cannabis Business Permit Application Process
Speaker
Ginna Escobar
Majid Seraj
Victor Munoz
Approved
Motion: Receive and file report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Staff Reports
23. ATP Grant Revised Funding Level – Oral Report
The MCC agreed via consensus to reject the ATP grant’s revised funding level
but remain open to applying for the grant in the future.
24. Legislative Branch Staffing - Offices of the Mayor and City Council
Speaker
Luis Ojeda
There was no vote on this item. The meeting lost a quorum at 8:18 p.m. during
discussion of the item and Mayor Valdivia recessed the meeting for 23 minutes.
A quorum was never regained and Mayor Valdivia adjourned the meeting.
7.b
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Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 11 Printed 3/25/2019
Adjournment
The meeting adjourned at 8:42 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 Age ncy will be held on
Wednesday, February 20, 2019 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
Open Session will begin at 5:00 p.m.
By: __________________________
Georgeann “Gigi” Hanna, MMC
City Clerk
7.b
Packet Pg. 136 Attachment: 02-06-19_JTReg_gh_draft (6062 : City Council Approval of Draft Minutes)
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor and City Council of the City of San Bernardino Page 1 Printed 1/10/2019
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO
WEDNESDAY, FEBRUARY 6, 2019
3:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 3:32 p.m. by Mayor John Valdivia on Wednesday, February 6, 2019, in
the Council Chamber, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 3:30 PM
Sandra Ibarra Council Member, Ward 2 Present 3:30 PM
VACANT Council Member, Ward 3 VACANT ---------
Fred Shorett Council Member, Ward 4 Present 3:30 PM
Henry Nickel Council Member, Ward 5 Present 3:30 PM
Bessine L. Richard Council Member, Ward 6 Present 3:30 PM
James Mulvihill Council Member, Ward 7 Present 3:30 PM
John Valdivia Mayor Present 3:30 PM
Georgeann "Gigi" Hanna City Clerk Present 3:30 PM
Thomas Rice Assistant City Attorney Present 3:30 PM
Andrea Miller City Manager Present 3:30 PM
Moment of Silence
Mayor Valdivia opened the meeting with a moment of silence to honor Fr. Patricio
Guillen.
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
VACANT – Third Ward
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
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Special Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 5/25/2018
STAFF REPORTS
1. Discussion Regarding City Council Rules of Decorum and Limits on
Elected Official Comments and Deliberation
Speakers
Jim Smith
Hillel Cohn
Shirley Harlan
Treasure Ortiz
Tim Prince
Approved
Motion: Adopt the resolutions.
Reso-2019-22 Resolution of the Mayor and City Council of the City
of San Bernardino, California, amending the Regular
Meeting Dates, Times and Locations for City Boards,
Commissions and Citizen Advisory Committees and
Repealing Reso. 2018-276; and
Reso-2019-23 Resolution of the Mayor and City Council of the City
of San Bernardino, California, amending the Rules of
Decorum of City Council Meetings to Set Forth Time
Limits for Elected Official Comments and Deliberation.
RESULT: ADOPTED [3-3; Mayor broke tie in favor of item]
MOVER: Bessine Richard, Council Member, Ward 6
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Richard
NOES: Shorett, Nickel, Mulvihill
Adjournment
The meeting adjourned at 4:19 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and
City Council Acting as the Successor Agency to the Redevelopment Agency will
be held on Wednesday, February 6, 2019 in the Council Chamber located at
201 North “E” Street, San Bernardino, California 92401. Closed Session will
begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
By: __________________________
Georgeann “Gigi” Hanna, MMC
City Clerk
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Mayor and City Council of the City of San Bernardino Page 1 Printed 3/18/2019
DRAFT MINUTES
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO
MONDAY, FEBRUARY 11, 2019
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was
called to order by Mayor John Valdivia at 5:35 p.m. on Thursday, January 10, 2019, in
the Council Chamber, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:30 PM
Sandra Ibarra Council Member, Ward 2 Present 5:30 PM
VACANT Council Member, Ward 3 VACANT ---------
Fred Shorett Council Member, Ward 4 Present 5:30 PM
Henry Nickel Council Member, Ward 5 Present 5:30 PM
Bessine L. Richard Council Member, Ward 6 Present 5:30 PM
James Mulvihill Council Member, Ward 7 Present 5:30 PM
John Valdivia Mayor Present 5:30 PM
Georgeann "Gigi" Hanna City Clerk Present 5:30 PM
Thomas Rice Assistant City Attorney Present 5:30 PM
Andrea Miller City Manager Present 5:30 PM
PLEDGE OF ALLEGIANCE
Paul Lujan of Victory Outreach San Bernardino gave the invocation and Council
Member Nickel led the Pledge of Allegiance.
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Harry Hatch, San Bernardino, spoke about the high number of meetings so far this year
and the need for more organization and mutual respect.
Treasure Ortiz, San Bernardino, spoke about funding for city projects and shelter
funding.
Robert Porter, San Bernardino, said the previous council meeting had been exciting
and that the animal shelter issue is important.
Paul Sanborn, San Bernardino, applauded the mayor for accompanying the pothole
crews, said the city needs audits and that the mayor should be able to pick his own
staff.
Luis Ojeda called council actions a soap opera. He said that restricting speaking time
helps no one and asked the council and mayor to think about working together to do the
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
VACANT –third ward
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
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work of the people.
Carey Davis, San Bernardino, spoke about the role of the council and mayor and the
actions at the previous council meeting. He said it may be necessary for council
members to continue to walk out to retain control.
Deon Taylor, San Bernardino, thanked the people who came to support the swearing in
ceremony for James Ramos and invited people to a meet -and-greet event at DJ
restaurant on March 2 at 10 a.m. to meet with the Assemblyman.
Shirley Harlan, San Bernardino, said the people who stayed at the last meeting want
success and perhaps the group needs a mediator until it becomes a team.
Karmel Roe, San Bernardino, said San Bernardino doesn’t rea lly have a avision of
where we are going, that everything we are doing is merely picking up pieces. She
asked for a single vision so residents can see a light at the end of the tunnel.
Esmerelda Negrete, San Bernardino, said that the expectation of the people is that the
MCC will prioritize services for residents. Funds saved from cancelled contracts shuld
be used for created positions and other unfunded issues. She said she was against
outsourcing the animal shelter.
Deanna Adams, San Bernardino, supported the mayoral staffing proposal and said the
Charter is not people friendly and that she hopes the city gets back a strong mayor form
of government.
STAFF REPORTS
1. City of San Bernardino's Animal Sheltering, Field and Licensing Services
Speakers
Valya
Treasure Ortiz
Val Hanson
Andrea Neyses
Brenda Lynch
Deborah Fine
Luis Ojeda
Harry Hatch
Sharon Logan
Mona Harnish
Susan Geier
Hilda Wendtland
Jessica Lopez
Nancy Mitchell
Ann Roberts
Debbie Yocum
Alice Chow
Nicole Clasby
Karmel Roe
Elizabeth Kulbin
Esmerelda Negrete
Lydia Savala
Rebecca Longoria
Approved
Motion: Start an RFP process to explore opportunities for collaborating
operations with rescue groups, immediately relieve the police
department of oversight of the animal shelter as soon as possible,
and have the city manager return with proposals for a temporary fix.
RESULT: ADOPTED [4-2]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Ibarra, Shorett, Nickel, Richard
NOES: Sanchez, Mulvihill
7.d
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Special Meeting DRAFT Minutes February 11, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 3/18/2019
2. Community Oriented Policing and Problem Solving (COPPS) Strategies
Approved
Motion: Direct the city manager to report back on the
feasibility of police substations.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
3. City Facility Building - Condition Assessment Report
Approved
Motion: Direct the city manager to prepare alternatives,
including a fiscal analysis, for presentation during the
budget discussions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
4. Transportation, Communication & Public Works Policy Committee Update –
January 17-18, 2019
Mayor Valdivia provided an oral report. No vote was taken on this item.
5. Legislative Branch Staffing - Offices of the Mayor and City Council
Speakers
Phil Savage
James Smith
Carey Davis
Approved
Motion: Eliminate the Communication Director position, retain
the Customer Service position and two part time field
representative positions, keeping the vacant Council
office position.
RESULT: ADOPTED [5-1]
MOVER: Bessine Richard, Council Member, Ward 6
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill
NOES: Shorett
7.d
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Mayor and City Council of the City of San Bernardino Page 4 Printed 3/18/2019
6. Review and Reconsideration of the Professional Services Agreement with
Worthington Partners
Prior to the meeting, Worthington Partners submitted a letter of resignation,
effective in 30 days. No vote was taken on this item.
Adjournment
The meeting adjourned at 10:26 p.m.
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, February 20, 2019 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and
Open Session will begin at 5:00 p.m.
By: __________________________
Georgeann “Gigi” Hanna, MMC
City Clerk
7.d
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8.a
Packet Pg. 143 Attachment: CM.IVDA License Agreement.01.Report (6063 : Inland Valley Development Agency (IVDA) Facility Use and License Agreement)
Fiscal Impact
The fiscal impact to the City in FY 2018/19 for the use of the Norton Events Center
Auditorium and closed session room is projected to be $9,000 providing for three (3)
regular meetings and two (2) special meetings at a cost of $1,800 per meeting. There is
sufficient savings within the General Government operating budget to absorb the cost
associated with the use of the identified meeting space in FY2018/19. The proposed
FY 2019/20 operating budget will include funding for the use of the Norton Events
Center Auditorium and Closed Session room for regular and special Council meetings.
Conclusion
Adopt Resolution No. 2019-67, authorizing the City Manager to execute an agreement
between the City and the Inland Valley Development Agency (IVDA) to provide meeting
space for regular and special Council meetings.
Attachments
Attachment 1 Resolution No. 2019-67; Exhibit A Facility Use and License
Agreement
Ward
3/20/19 - City Manager was directed to negotiate a facility use and license agreement with the
Inland Valley Development Agency (IVDA) for use of the Norton Events Center Auditorium for
consideration by the City Council.
4/26/2019 10:05 AM
8.a
Packet Pg. 144 Attachment: CM.IVDA License Agreement.01.Report (6063 : Inland Valley Development Agency (IVDA) Facility Use and License Agreement)
Resolution No. 2019-67
RESOLUTION NO. 2019-67 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXEXUTE AN
AGREEMENT BETWEEN THE CITY AND THE INLAND
VALLEY DEVELOPMENT AGENCY TO PROVIDE
MEETING SPACE FOR REGULAR AND SPECIAL
COUNCIL MEETINGS
WHEREAS, the City Council has determined that there is a need to hold Regular and
Special City Council meetings in a location that can provide additional space and improved
access for the public; and
WHEREAS, on March 20, 2019, following review and discussion of alternative meeting
locations, the City Manager was directed by the City Council to negotiate a facility use
agreement with the Inland Valley Development Agency (IVDA) for use of the Norton Events
Center Auditorium also known as the Norton Regional Event Center (NREC) to hold City
Council meetings; and
WHEREAS, the Inland Valley Development Agency (IVDA) can accommodate Regular
and Special City Council meetings in the Norton Events Center Auditorium on the 1st and 3rd
Wednesday of each month.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 3. The Mayor and City Council authorize the City Manager to execute the
Facility Use and License Agreement between the City of San Bernardino and the Inland Valley
Development Agency (IVDA) to provide meeting space for Regular and Special meetings of the
City Council, in the form attached to this Resolution as Exhibit “A”.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
8.b
Packet Pg. 145 Attachment: CM.IVDA License Agreement.02.Resolution 2019-67 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
Resolution No. 2019-67
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
8.b
Packet Pg. 146 Attachment: CM.IVDA License Agreement.02.Resolution 2019-67 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
Resolution No. 2019-67
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-67, adopted at a regular meeting held at the ___ day of ____, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
8.b
Packet Pg. 147 Attachment: CM.IVDA License Agreement.02.Resolution 2019-67 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
FACILITY USE & LICENSE AGREEMENT
THIS LICENSE AGREEMENT is by and between the Inland Valley Development Agency, a Joint Powers Authority
(hereinafter referred to as "IVDA"), and the person or firm referenced in Paragraph 1 of this License Agreement as the
Licensee (hereinafter referred to as the "LICENSEE"):
1. GENERAL INFORMATION FOR LICENSE.
(PLEASE PRINT)
LICENSEE NAME:
City of San Bernardino
LICENSEE TELEPHONE NUMBERS:
(909) 384-5122
FAX::
(909) 384-5138
LICENSEE MAILING ADDRESS:
290 North D Street, Suite 204
San Bernardino, CA 92415-0490
LICENSEE BILLING ADDRESS:
Same as above
PERSON TO CONTACT IN AN EMERGENCY:
City Manager
WORK
(909) 384-5122
FAX:
(909) 384-5138
EMAIL:
Miller_An@SBCity.org
FACILITY USE FOR REGULARLY SCHEDULED MEETINGS
City of San Bernardino Council Meetings on every 1st and
3rd Wednesday of the month commencing May 1, 2019 and
continuing thereafter until expiration of the term of this
License or until terminated.
FACILITY USE FOR SPECISAL
MEETINGS
Use of the NREC facility for
non-scheduled or special
meetings of the City Council
may be requested with no less
than 2 days (48-hours) prior
written notice. Requests for
additional use will be
authorized by the Executive
Director based on availability
of both the facility and
Agency resources
ROOM DESIGNATION
Licensee is granted
use of Room A-3
and Room 120 as
identified in Exhibit
‘A”. Use of
additional rooms
may be authorized
upon request by the
Executive Director
and may result in
additional fees.
LIABILITY INSURANCE
$1,000,000 per person per
occurrence in accordance with
Section 8 below
NOTE: THIS LICENSE IS PROVIDED, SUBJECT TO SPECIAL
TERMINATION PROVISIONS PURSUANT TO SECTION 24.
FACILITY OR FACILITIES INCLUDED IN LICENSE
Use of the Norton Events Center Auditorium and Closed
Session Room located at 1601 East 3rd Street in San
Bernardino, CA 92408 (Also known as the Norton Regional
Event Center or NREC),
SPECIAL LICENSE TERMS
This license fee includes utilities. Per use costs for IT Staff and Security (estimated in Initial
License Fee Estimates below) will be invoiced monthly at actual costs incurred. Detailed
invoices will be provided by the IVDA to the City on a monthly basis.
Any additional IVDA Staff time in addition to the agreed upon hours will be billed on an
hourly basis at $50/hr.
SECURITY DEPOSIT:
$10,000.00
Any damage incurred to
the facility attributable to
the City’s use during the
term of this agreement in
excess of the deposit
shall be paid for by the
City.
PER USE LICENSE FEE ESTIMATE:
$ 450.00 (Auditorium &
Closed Session)
$ 550.00 (IT staff)
$ 300.00 (AV Equipment)
$ 250.00 (Security)
$ 250.00 (Janitorial)
$1,800.00 Per Meeting
LICENSE TERM START
DATE:
May 1, 2019
LICENSE TERM EXPIRATION
DATE:
April 15, 2020
RECEIPT OF INSURANCE CERT.
No physical or structural
alternations shall be made to the
facility or its furnishings and no
hard wired equipment shall be
installed without prior written
authorization of the IVDA
1
8.c
Packet Pg. 148 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
2. LICENSE. The IVDA hereby grants to LICENSEE a revocable license for the use of the facility or facilities
(“Facility” or “Facilities”) described in Paragraph 1 of this License Agreement, subject to the termination and default
provisions of Sections 24 and 25, herein.
A. The Facilities shall be used solely for the purposes noted in Section 1, above.
B. No bailment is created by this License Agreement. This License Agreement shall not be interpreted as a lease nor
shall this License Agreement be deemed to grant any property interest, possessory interest, or property right for any purpose
including, but not limited to, the provisions for notices and the right to pay fees or quit the occupancy and lease of space as
further provided in applicable laws of the State. The LICENSEE shall not under any circumstances be afforded the rights,
privileges and remedies as are typically available to tenants in the State, nor shall the IVDA be deemed to be a landlord or
lessor for any purposes under this License Agreement.
3. LOCATION. The IVDA retains the right to change the location to be used pursuant to this License Agreement and to
coordinate such change with LICENSEE without substantial disruption of LICENSEE’s work flow or interference with
LICENSEE’s customers’ requirements or schedules. These changes may occur for the following reasons that include:
construction, maintenance, repairs, safety, flooding, natural disasters, aircraft access, and other similar purposes. The IVDA,
through the Executive Director, shall provide fifteen (15) days prior written notice to LICENSEE of any request for change in
location, including the reason for such change. The IVDA and LICENSEE shall work together to develop the location
change without substantial interruption of LICENSEE’s services to its customers as stated herein, above.
4. TERM. The Term of this License Agreement shall commence on the date referenced in Paragraph 1 of this License
Agreement as the Term Start Date (May 1, 2019) and shall continue through the Expiration Date (defined as April 15, 2020)
as set forth in Paragraph 1, above), unless otherwise terminated pursuant to the terms of this License Agreement, or unless
IVDA and LICENSEE agree on and execute an additional extension of this License, upon such Expiration Date, and if no
extension has been executed, LICENSEE shall immediately cease all operations and remove all personal property and
equipment from the Facilities. Failure to do so will result in assessment of a daily fee in the amount of $140.00 per day.
5. LICENSE FEES. LICENSEE shall pay to the IVDA a monthly license fee, without deduction, setoff, prior notice or
demand. The initial monthly license fee shall be the amount referenced in Paragraph 1 of this License Agreement as the
initial license fee and is payable upon execution of this License Agreement, and thereafter, in advance on the first (1st)
calendar day of each month, commencing on the date the Term commences, and continuing during the Term. Fees not paid
when due are subject to late fees of 10%, and if not paid within thirty (30) calendar days, an additional interest charge equal to
5% per annum of the then outstanding license fees for each month such fees remain delinquent. IVDA is no way required to
provide LICENSEE an invoice, and failure to provide an invoice to LICENSEE shall in no way defer or defray LICENSEE’s
obligations to pay fees pursuant to this License Agreement. LICENSEE assumes all risk of loss if payments are made by
mail.
LICENSEE shall deposit with IVDA a security deposit in the amount of $10,000.00 in a form acceptable to the
Executive Director as security for LICENSEE’s faithful performance of its obligations under a prior license agreement, which
security deposit was applied to certain fees payable under that license. IVDA may use, apply or retain all or any portion of
the security deposit for the payment of any amount due from LICENSEE to IVDA or to reimburse or compensate IVDA for
any liability, expense, loss or damage which IVDA may suffer or incur.
The monthly license fee shall be adjusted effective July 1 of each year to reflect the percentage increase of the
Consumer Price Index – All Urban Consumers (Los Angeles-Riverside-Orange County) as published by the United States
Department of Labor, Bureau of Labor Statistics. The amount of the increase shall be computed by determining the
percentage increase of the Cost of Living Index during the one-year period ending in the month of March of the year in which
the adjustment becomes effective. After determination of the percentage increase, the monthly license fee shall be increased
by said percentage effective with the month of July. However, in no case shall said adjustment be more than eight percent nor
less than three percent of the monthly license fee in effect immediately prior to the adjustment.
6. INDEMNIFICATION. LICENSEE shall indemnify and hold the IVDA harmless from and defend the IVDA against
any and all claims or liabilities for any injury or damage to any person or property whatsoever: (1) occurring in, on or about
2
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Packet Pg. 149 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
the IVDA property, or any part of it; and (2) occurring in, on or about any part of the IVDA property when that injury
or damage was caused in part or in whole by the act, neglect, fault of or omission of any duty by the LICENSEE,
its agents, servants, employees or invitees.
IVDA shall indemnify and hold LICENSEE harmless from and defend LICENSEE against any and all claims
or liabilities for any injury or damage to any person or property whatsoever: (1) occurring in, on or about the IVDA
property, or any part of it; and (2) occurring in, on or about any part of the agency property when that injury or
damage was caused in part or in whole by the act, neglect, fault of or omission of any duty by IVDA, its agents,
servants, employees or invitees.
7. RELEASE AND DISCHARGE. IVDA shall not be responsible for, and assumes no liability arising from fire, theft,
damage or loss to LICENSEE’s property, including without limitation, the aircraft or any other items unless such fire, theft,
damage or loss is solely the fault of IVDA. LICENSEE hereby releases and discharges the IVDA from all claims and
demands by LICENSEE for loss of or damage to LICENSEE’s property except as provided in Section 6.
8. INSURANCE REQUIREMENTS. LICENSEE shall obtain general liability insurance against liability for financial
loss resulting from bodily injury, including death or personal injury, and damage to property caused by the ownership,
operation, storage, and use of the facilities. The limit of liability shall be no less than the amount stated in Section 1, above,
per person/occurrence. The IVDA shall be added as additional insured. The policy shall be endorsed to state that it shall not
be canceled or the limits reduced prior to thirty (30) days written notice being provided to the IVDA. A certificate evidencing
the above insurance shall be provided to the Executive Director at the execution of this License Agreement and at any time
thereafter at the request of the Executive Director.
IVDA shall obtain general liability insurance against liability for financial loss resulting from bodily injury, including
death or personal injury, and damage to property occurring at the facility. The limit of liability shall be no less than the
amount stated in Section 1, above, per person/occurrence. LICENSEE shall be added as additional insured. The policy shall
be endorsed to state that it shall not be canceled or the limits reduced prior to thirty (30) days written notice being provided to
LICENSEE. A certificate evidencing the above insurance shall be provided to the City Manager at the execution of this
License Agreement and at any time thereafter at the request of the City Manager.
9. REPAIR AND MAINTENANCE. LICENSEE shall immediately inform the Executive Director of any and all
repairs to the Facilities that LICENSEE believes necessary or appropriate. IVDA shall maintain the Facility structure,
including fire suppression, fire monitoring, and obstruction lighting, and shall pay all electrical, water, natural gas charges,
and janitorial charges, including the Facility, its common areas, reciprocal access areas, and common facilities. LICENSEE
shall maintain the Facilities in good and neat appearance and in a safe condition at all times. After each use under this
License Agreement, LICENSEE shall return the Facilities to the IVDA in substantially the same condition as the Facilities
existed at the commencement of this License Agreement, ordinary wear and tear excepted.
10. RULES AND REGULATIONS. LICENSEE shall, at LICENSEE’s sole cost and expense, comply with all of the
requirements of all IVDA, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to
LICENSEE’s use of the Facilities, and shall faithfully observe in the use of the Facilities all local ordinances and state and
federal statutes and regulations, now in force or which may hereafter be in force.
11. RIGHT TO INSPECT. The IVDA and its authorized officers, agents, employees, volunteers, contractors,
subcontractors and other representatives shall have the right to inspect the Facilities for business purposes, including, but not
limited to the following:
A. To inspect the Facilities at reasonable intervals during regular business hours (or at any time in case of
emergency) to determine whether LICENSEE has complied with or is complying with the terms and conditions of this
License Agreement;
B. To make repairs, additions or alterations as may be necessary or convenient for the conduct, safety,
improvement or preservation of the facility;
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Packet Pg. 150 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
C. For emergency purposes;
D. In the exercise of IVDA, local, state and federal security requirements or regulations; and
E. For periodic inspections by the San Bernardino Fire Department for compliance with fire safety codes. IVDA
shall schedule the inspection with Fire Department personnel and LICENSEE shall provide access to the Facilities during the
inspection period specified by the Fire Department.
The IVDA will make reasonable attempts to notify tenant prior to conduct any inspection. No inspection by or on behalf
of the IVDA of the Facilities shall cause or constitute a termination of the License Agreement, or be deemed to constitute an
interference with LICENSEE’s use thereof.
12. SECURING THE FACILITIES. IVDA shall maintain all doors, locks and entry points in good working condition.
IVDA shall provide LICENSEE with access to the Facility pursuant to the terms of this License. LICENSEE shall close and
lock the Facilities’ doors when the Facilities are unattended.
13. RESERVED-NO TEXT.
14. COMMERCIAL ACTIVITY. LICENSEE shall not conduct any commercial activity at or in the Facilities or at or on
the San Bernardino International Airport or surrounding property, unless such activities are pursuant to a separate written
agreement signed by both LICENSEE and the IVDA.
15. RESERVED-NO TEXT.
16. PROHIBITED MATERIALS; NUISANCE PROHIBITED. LICENSEE shall not store or use combustible chemicals
or materials at or in the Facilities, except as permitted by the Fire Department and subject to IVDA’s prior written approval.
LICENSEE shall not store, dispense or otherwise handle fuel, compressed gasses or other hazardous materials, except in
compliance with the provision of this License Agreement and all applicable laws and regulations. LICENSEE shall properly
dispose of all wastes and hazardous materials in a legal manner and in appropriate receptacles. LICENSEE shall not create a
nuisance or perform any other act or thing which interferes with the quiet enjoyment of the IVDA property by any other
licensee or tenant or member of the public. For purposes of this paragraph, hazardous materials include, but are not limited to:
(A) Substances which are flammable, explosive, corrosive, radioactive, toxic; (B) Those asbestos-containing materials defined
and described in Environmental Protection Agency Report No. 56/5-85-024 (June 1985) whether or not friable, or any related
or successor report, or other applicable government regulations defining or describing such materials; (C) Pesticides as
defined by Section 136(u) of FIFRA (7 U.S.C. Section 136) as may be present in soil or groundwater; (D) “Hazardous
wastes” as defined in Section 25117 of the California Health and Safety Code, or as a chemical that is known to the State of
California “to cause cancer or reproductive toxicity” under the Safe Drinking Water and Toxic Enforcement Action of 1986,
California Health and Safety Code sections 25249.5, et. seq.; and (E) Any material or substance defined hazardous materials,
substances or waste, or toxic materials, substances or waste as those terms or similar terms are defined by any other federal,
state or local law, rule, regulation, ordinance or order.
LICENSEE shall indemnify and hold IVDA harmless from and defend IVDA from all claims, losses, costs, damages,
expenses, liabilities, liens, actions, causes of action, charges, assessments, fines, and penalties of any nature or kind related to
or arising out of any hazardous materials used, stored or released by LICENSEE upon the Facility.
17. NO DAMAGE; COMPLIANCE WITH CODES. LICENSEE shall not by its own or its agents’, employees’ or
invitees’ actions cause any damage to the IVDA’s property. LICENSEE’s use of the Facilities shall conform to all Agency
rules and regulations and local building and fire codes.
18. ALTERATIONS TO FACILITIES. LICENSEE shall not make or cause to be made any alterations or improvements
to the Facilities, including modifications or alterations of the Facilities’ electrical installations or equipment.
19. RESERVED-NO TEXT.
20. TAXATION. The privileges granted in this License Agreement may be subject to taxation and/or assessment. In
such event, LICENSEE shall pay before delinquency, all taxes or assessments which at any time may be levied by the State,
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Packet Pg. 151 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
County, IVDA or any other tax assessment levying body upon the licensed premises and any improvements or fixtures located
thereon. LICENSEE shall also pay all taxes, assessments, fees, and charges on all merchandise, fixtures, and equipment
owned or used thereon.
21. RESERVED-NO TEXT.
22. NOTICES. Any notices required to be given under this License Agreement shall be in writing and shall be deemed
properly delivered, given or served when personally delivered to the IVDA or LICENSEE, or in lieu of such personal service,
sent by United States mail, registered or certified, return receipt requested, addressed to LICENSEE at the address referenced
in Paragraph 1 of this License Agreement as licensee mailing address and to the IVDA as follows: Executive Director, Inland
Valley Development Agency, 1601 East Third Street, Suite #100, San Bernardino, California 92408.
In the event of personal service, notice shall be deemed given when personally served. In the event of service by mail,
notice shall be deemed to have been given seventy-two (72) hours after deposit of same in the United States mail post box in
the State of California, postage prepaid, addressed as set forth above, or upon the date of the signed return receipt, whichever
is sooner. LICENSEE shall keep his current mailing address and telephone number on file with the Executive Director during
the term of this agreement and shall notify the Executive Director in writing within fifteen (15) days of any change of address
or telephone number.
23. ASSIGNMENT. The License is personal to LICENSEE and shall not be assigned or otherwise transferred in whole
or in part to any other person or entity.
24. TERMINATION. This revocable license may be terminated by either the IVDA or LICENSEE upon sixty (60) days
prior written notice to the other party. The LICENSEE waives any rights that it might have to relocation assistance due to
expiration of this License Agreement or termination or non-renewal of this License Agreement by the IVDA, under California
Government Code Sections 7260, et seq., or the Federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 USC §§4601, et seq.) or any similar Federal or State statute, regulation, circular or order.
25. BREACH OR DEFAULT OF LICENSE AGREEMENT. The occurrence of any of the following shall constitute a
breach or default of this License Agreement by LICENSEE:
A. Failure to pay any fee due under this License Agreement when due; and
D. Except as otherwise specifically provided in this License Agreement, failure to perform any provision of this
License Agreement, or in any event wherein LICENSEE utilizes any area outside of the Facilities described in Exhibit “A”.
In the event of a breach or default by LICENSEE shall result in immediate termination of this LICENSEE. Notices
given under this paragraph shall specify the breach or default, and shall demand that LICENSEE perform the provisions of
this License Agreement or pay the fee(s) that are in arrears within Twenty-Four (24) hours, or the License Agreement is
terminated. Termination shall result in LICENSEE’s removal of all personal property and equipment at its sole cost and
expense.
The IVDA, at any time after LICENSEE commits a breach or default of this License Agreement, can cure the breach or
default at LICENSEE’s cost. If the IVDA, at any time, by reason of LICENSEE’s breach or default, pays any sum or does any
act that requires the payment of any sum, the sum paid by the IVDA shall be due immediately from LICENSEE to the IVDA
at the time the sum is paid, and if paid at a later date shall be subject to late fees and penalty charges as shown in the IVDA’s
then current Schedule of Fees. The sum, together with the late fees or penalty charges, shall be an additional fee owed to the
IVDA pursuant to this License Agreement.
26. ATTORNEY'S FEES. In any dispute between the IVDA and LICENSEE, the prevailing party shall be entitled to
recover from the other party all reasonable costs, including without limitation, reasonable attorney’s fees. “Prevailing party”
shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for
sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in
the action, or which receives from the other party, in connection with any dispute, performance substantially equivalent to any
of these.
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Packet Pg. 152 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
27. HEADINGS, REFERENCE, LAW AND JOINT AND SEVERAL LIABILITY. The titles and headings of the
various paragraphs of this License Agreement are intended solely for convenience of reference and are not intended to
explain, modify or place any construction on any of the provisions of this License Agreement. Masculine and feminine, or
neutral gender and the singular and the plural number shall each be considered to include the other whenever the context so
requires. This License Agreement shall be governed by and construed in accordance with the laws of the state of California
with venue in San Bernardino County. If either party consists of more than one person, each such person shall be jointly and
severally liable.
28. NO WAIVER. No waiver by a party of any provision of this License Agreement or of the regulations governing the
use of the Facilities shall be considered a waiver of any other provision or any subsequent breach of the same or any other
provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this
License Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this License
Agreement or at law.
29. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of the parties hereto over the meaning of
this License Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law that contracts are
construed against the drafter shall not apply.
30. ENTIRE AGREEMENT. This License Agreement contains all the representations and the entire understanding and
agreement between the parties pertaining to the use of the Facilities or any other matters connected therewith. All
correspondence, memoranda, or oral or written agreements pertaining to the Facilities or the parties hereto, which originated
before the date of this License Agreement are null, void and no longer in force and with no effect, and are replaced in total
with this License Agreement unless otherwise expressly stated in this License Agreement. This License Agreement shall not
be altered, amended, or modified except by a writing signed by the IVDA and LICENSEE.
31. DATE OF AGREEMENT. The date of this License Agreement shall be that date that it shall have been signed by
the IVDA, below.
Inland Valley Development Agency
Dated: ______________________________ By: ________________________________________________
Michael Burrows
Title: Executive Director
LICENSEE:
City of San Bernardino
Dated: ____________________________ By: ____________________________________________
Teri Ledoux
Title: Acting City Manager
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Packet Pg. 153 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
EXHIBIT “A”
Facilities
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Packet Pg. 154 Attachment: CM.IVDA License Agreement.03.Attachment 1 (6063 : Inland Valley Development Agency (IVDA) Facility Use and License
-
Norton Regional Event Center
1601 E. 3rd Street – San Bernardino, CA - 92408
Main Enterance
Del Rosa Drive
3rd Street Room
120
Restrooms
Meeting Space
Public Access
Parking available to the north, east
and south of facility.
Exhibit A
X No Access x
X No Access x
X No Access x
X No Access x
Room
8.dPacket Pg. 155Attachment: CM.IVDA License Agreement.04.Exhibit A (6063 : Inland Valley Development Agency (IVDA) Facility Use and License Agreement)
9.a
Packet Pg. 156 Attachment: PW.I Street Vacation.Staff Report (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
by the same entity. Additionally, the applicant is considering future commercial
development of this area.
On July 5, 2018, the Mayor and City Council authorized staff to proceed with an
investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway
Street and Main Street, south of 3rd Street.
Reservations of easements were requested for existing and future facilities by the Water
Department, Southern California Gas Company and Southern California Edison. On
August 30, 2018 and April 1, 2019, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, and residents
of adjoining properties informing them of the proposed street vacations.
On January 8, 2019, the Planning Commission adopted Resolution No. 2019-001
forwarding a recommendation of approval to the Mayor and City Council for Real
Property Street Vacation 15.30-429, finding that the project is categorically exempt
under the California Environmental Quality Act.
On February 6, 2019, Resolution No. 2019-18 was adopted setting a public hearing for
March 6, 2019.
On March 6, 2019, the Mayor and City Council postponed the public hearing, directing
staff to meet with the applicant and adjacent property owners to address concerns of
the area proposed to be vacated.
On March 28, 2019, a meeting was held with the applicant FC Services Inc. and their
Engineer. It was determined that the area of the proposed street vacation would be
revised to eliminate the area affecting any adjoining property owners (Attachment 2,
Exhibit B - depicts the new proposed area to be vacated).
Discussion
If the Resolution of Intention is adopted, it will set the date, time and place for a Public
Hearing on June 5, 2019 at 7:00 pm at 201 North “E” Street, San Bernardino, California
in the Council Chambers, at which time interested parties may present evidence to the
Mayor and City Council. The Resolution of Intention will also direct staff to publish
notices of the Public Hearing via newspaper, as well as positing notices along the
proposed street vacation as required by the SHC sections 8322 and 8323.
Following the Public Hearing, staff will present for the Mayor and City Council’s
consideration, a resolution ordering the vacation of portions of “I” Street, Broadway
Street and Main Street, south of 3rd Street with the reservation of utility easements
therein, which will adopt a Categorical Exemption for the street vacation, reserve
easements for gas, water, sewer, storm drain, electric and phone utilities and make a
final order of vacation of portions of “I” Street, Broadway Street and Main Street, south
of 3rd Street as described in Plan No. 13218.
4/26/2019 11:04 AM
9.a
Packet Pg. 157 Attachment: PW.I Street Vacation.Staff Report (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
Utilities which do not hold an existing easement and do not have an easement reserved
for them in the resolution ordering the vacation will not be able to use the right of way
being vacated without first obtaining an easement from the property owner.
The street vacation proceedings are not completed until the resolution making the final
order vacating portions of “I” Street, Broadway Street and Main Street, south of 3rd
Street has been recorded with the San Bernardino County Recorder’s office pursuant to
SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may
provide that the vacation occurs only after conditions required by the legislative body
have been satisfied and may instruct the City Clerk not to record the resolution of
vacation until the conditions have been satisfied.
As a condition of recording the resolution of vacation for Plan No. 13218, Public Works
will require that the applicant apply for permits for the plan check and ultimate
construction and acceptance of the required improvements.
Future actions by the City will consist of:
• Publication and Posting of Notice of Public Hearing pursuant to SHC Sections
8322 & 8323
• Public Hearing and Resolution of Vacation pursuant to SHC Section 8324
• Recordation of the Resolution of Vacation pursuant to SHC Section 8325
2018-2019 Goals and Objectives
This project is consistent with Goal No. 4: Ensure Development of a Well-Planned,
Balanced, and Sustainable City. Investigations are required before the City can
proceed with vacating the public right of way.
Fiscal Impact
Costs incurred with this action will be offset by the non-refundable petitioner paid
processing fee of $2,000, which has been paid in full.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-56,
declaring its intention to conduct a Public Hearing to consider the vacation of a portion
of “I” Street, Broadway Street and Main Street, for Plan No. 13218 and the utility
easements therein.
If the Resolution of Intention is not adopted then the petition to vacate the street will be
terminated, and no further action will be taken.
Attachments
Attachment 1 Resolution 2019-56; Exhibit A and Exhibit B
Attachment 2 Petition
Attachment 3 Resolution No. 2019-001-PC
4/26/2019 11:04 AM
9.a
Packet Pg. 158 Attachment: PW.I Street Vacation.Staff Report (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
Ward: 1
Synopsis of Previous Council Actions:
• July 5, 2018 Council authorized staff to investigate Plan No. 13218 to vacate a
portion of “I” Street, Broadway Street and Main Street, South of 3rd Street.
• February 6, 2019 Resolution No. 2019-18 was adopted setting a public hearing for
March 6th.
• March 6, 2019 Council requested the hearing be postponed in order to meet with
the applicant and adjacent property owners in order to address concerns of the
proposed area to be vacated.
4/26/2019 11:04 AM
9.a
Packet Pg. 159 Attachment: PW.I Street Vacation.Staff Report (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
Resolution No. 2019-56
RESOLUTION NO. 2019-56 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF PORTIONS
OF “I” STREET, BROADWAY STREET, AND MAIN
STREET, SOUTH OF 3RD STREET AND THE
RESERVATION OF UTILITIES THEREIN
WHEREAS, On October 26, 2017 a petition to vacate a portion of “I” Street South of
3rd Street and two adjacent alleys named Broadway Street and Main Street was received on from
FC Services, Inc. which owns 17 of the 19 parcels of land abutting the proposed street vacations;
and
WHEREAS, On July 5, 2018, the Mayor and City Council authorized staff to proceed
with an investigation and analysis of Plan No. 13218 to vacate portions of “I” Street, Broadway
Street and Main Street, South of 3rd Street and
WHEREAS, On August 30, 2018 and April 1, 2019, notices were sent out to City
Departments, San Bernardino County Fire, utility providers, including the Water Department,
and residents within 500’ informing them of the proposed street vacations; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare
its intentions to order the vacation of portions of “I” Street, Broadway Street, and Main Street
South of 3rd Street and the reservation of utilities therein as described on each of the legal
descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps
attached hereto and incorporated herein as Exhibit “B”.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions
of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part
3, of the Streets and Highways Code of the State of California
SECTION 3. The hour of 7:00 p.m., on Wednesday, June 5, 2019, on the 3rd Floor
Council Chamber of 201 North “E” Street, San Bernardino, California, is fixed as the time and
place when and where all persons interested in or objecting to the propose vacation areas may
appear before the Mayor and City Council of San Bernardino, California and offer evidence in
relation hereto. For further particulars as to the proposed vacation, reference is made to that map
marked “Plan No. 13218”.
9.b
Packet Pg. 160 Attachment: PW.I Street Vacation.Resolution 2019_ (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I”
Resolution No. 2019-56
SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other
existing easements for public utility purposes belonging either to the City of San Bernardino or
public entity that existed prior to these vacation proceedings; and is hereby specifically reserved
for the City of San Bernardino Municipal Water Department, Southern California Edison and
Southern California Gas Company, an easement for the full width of each street portion proposed
to be vacated, including the right at any time, or from time to time, to construct, maintain,
operate, replace and renew one or more pipelines or appurtenances thereto for the transportation
of water and for the construction and maintenance of water wells and related incidental purposes,
including the right of ingress and egress thereto;
SECTION 5 The Deputy Director of Public Works/City Engineer of the City of San
Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by
said “Public Streets, Highways and Service Easements Vacation Law.”
SECTION 6 The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set
forth for the public hearing
SECTION 7. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6 Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
9.b
Packet Pg. 161 Attachment: PW.I Street Vacation.Resolution 2019_ (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I”
Resolution No. 2019-56
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
9.b
Packet Pg. 162 Attachment: PW.I Street Vacation.Resolution 2019_ (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I”
Resolution No. 2019-56
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Mayor: AYES NAYS ABSTAIN ABSENT
VALDIVIA _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
9.b
Packet Pg. 163 Attachment: PW.I Street Vacation.Resolution 2019_ (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I”
9.cPacket Pg. 164Attachment: PW.I Street Vacation.ExhibitA_B (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
9.cPacket Pg. 165Attachment: PW.I Street Vacation.ExhibitA_B (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
9.cPacket Pg. 166Attachment: PW.I Street Vacation.ExhibitA_B (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
9.cPacket Pg. 167Attachment: PW.I Street Vacation.ExhibitA_B (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
9.cPacket Pg. 168Attachment: PW.I Street Vacation.ExhibitA_B (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
9.d
Packet Pg. 169 Attachment: PW.I Street Vacation.Attach2 (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
ATTACHEMENT 4
PLANNING COMMISSION RESOLUTION
9.e
Packet Pg. 170 Attachment: PW.I Street Vacation.Attach3 (6064 : Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of “I” Street,
1
RESOLUTION NO. 2019-001-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, FORWARDING A
RECOMMENDATION OF APPROVAL TO THE MAYOR AND CITY
COUNCIL FOR REAL PROPERTY STREET VACATION 15.30-429 FOR
PLAN NO. 13218 TO ALLOW THE STREET VACATIONS FOR
PORTIONS OF W. BROADWAY STREET, W. MAIN STREET AND N. I
STREET; AND, FINDING THE PROJECT SUBJECT TO A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on October 3, 2018, pursuant to the requirements of §8312, Division 9, Part
3 of the Streets and Highway Code, California Government Code §65402, and Chapter 19.56
(Interpretation) of the City of San Bernardino Development Code, an application for Real
Property Street Vacation 15.30-429 for Plan No. 13218 was duly submitted by:
Property Owner: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
Project Applicant: Joseph E. Bonadiman & Associates
234 N. Arrowhead Avenue
San Bernardino, CA 92408
WHEREAS, the Planning Division of the Community Development Department has
reviewed Real Property Street Vacation 15.30-429 for Plan No. 13218 for consistency with the
City of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code; and
WHEREAS, the Circulation Element is to design and improve a circulation system to
meet current and future needs of all residents, businesses and visitors, allow more convenient and
practical circulation to important economic segment within the City and improve safety, and the
vacating of portions of W. Broadway Street, W. Main Street and N. I Street will not conflict with
the City’s General Plan Circulation Element; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development Department has evaluated
Real Property Street Vacation 15.30-429 for Plan No. 13218 and determined that it is exempt
from CEQA pursuant to Section 15061(b)(3) (Review for Exemption) of CEQA due to the fact
that the activity is covered by the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. The proposed street vacations of
portions of W. Broadway Street, W. Main Street and N. I Street has been evaluated, per Section
15061(b)(3) (Review for Exemption) of CEQA, and it can been seen with certainty that there is
no possibility that the proposed activity may have a significant effect on the environment.
Therefore, the proposed street vacations of portions of W. Broadway Street, W. Main Street and
N. I Street is not subject to CEQA; and
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WHEREAS, on December 28, 2018, pursuant to the requirements of §19.52.020 of the
City of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
holding of a public hearing at which Real Property Street Vacation 15.30-429 for Plan No. 13218
would be considered by the Planning Commission; and
WHEREAS, on January 8, 2019, pursuant to the requirements of §19.52.040 of the City
of San Bernardino Development Code, the Planning Commission held the duly noticed public
hearing at which interested persons had an opportunity to testify in support of, or opposition to
Real Property Street Vacation 15.30-429 for Plan No. 13218 and at which meeting the Planning
Commission considered Real Property Street Vacation 15.30-429 for Plan No. 13218; and
WHEREAS, pursuant to the requirements of Chapter 19.56 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on
Real Property Street Vacation 15.30-429 for Plan No. 13218; and
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby
resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and
considered the information contained in the administrative record for Real Property Street
Vacation 15.30-429 for Plan No. 13218. Based upon the facts and information contained in the
administrative record, including all written and oral evidence presented to the Planning
Commission, the Planning Commission finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines, and
(2) The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061(b)(3) (Review for Exemption) of the
CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15061(b)(3); and
(4) The determination of CEQA exemption reflects the independent judgment of the
Planning Commission.
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SECTION 2. FINDINGS FOR REAL PROPERTY STREET VACATION 15.30-
429:
Section 65402 of the California Government Code requires that Street Vacations meet a certain
finding prior to the approval by the Mayor and City Council. Accordingly, the following finding
is provided in support of the recommendation by the Planning Commission for the approval of
Real Property Street Vacation 15.30-429 for Plan No. 13218 by the Mayor and City Council.
Finding No. 1: The proposed street vacation is consistent with the General Plan.
Finding of Fact: The proposed vacations of portions of W. Broadway Street, W. Main Street
and N. I Street in order to accommodate the future development of a
commercial center, will not impair circulation to economic segments of
the City due to there being minimal vehicular traffic within the subject
area and these streets are depicted on maps as a Collector Streets in the
City’s General Plan Circulation Element. Thus, vacating portions of W.
Broadway Street, W. Main Street and N. I Street will not conflict with the
City’s General Plan Circulation Element. Therefore, Real Property Street
Vacation 15.30-429 for Plan No. 13218 is consistent with the City’s
General Plan.
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SECTION 3. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2019-001 forwarding a
recommendation that the Mayor and City Council:
a. Finding the Categorical Exemption, pursuant to Section 15061(b)(3) (Review
for Exemption) for Real Property Street Vacation 15.30-429 for Plan No. 13218
in accordance with the California Environmental Quality Act, and directing the
Community Development Director to prepare and file with the Clerk of the
County of San Bernardino a Notice of Exemption as provided under Public
Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b. Approving Real Property Street Vacation 15.30-429 for Plan No. 13218 to
allow the street vacations of portions of W. Broadway Street, W. Main Street
and N. I Street (Exhibit “A”).
PASSED, APPROVED AND ADOPTED this 8th of January 2019.
_____________________________
Anthony Jones, Chairman
San Bernardino Planning Commission
ATTEST:
_______________________________________
Oliver Mujica, Planning Commission Secretary
City of San Bernardino, California
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CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution No. 2019-001, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regula r
meeting thereof held on the 8th day of January 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Stephanie Sanchez, Recording Secretary
City of San Bernardino, California
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EXHIBIT “A”
STREET VACATION 15.30-429
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Packet Pg. 177 Attachment: PW.First Amendment to Victoria Imp Agreem with SMBMI.REPORT- (6065 : First Amendment to Infrastructure Improvement
2. North Orange Street, north of Piedmont Drive and Holly Circle Drive
(approximately 3,520 linear feet)
3. East Citrus Street from Palm Avenue to the cul-de-sac at San Manuel
Reservation Boundary (approximately 815 linear feet)
4. East Mirada Avenue from North Victoria Avenue to Bangor Avenue North
(approximately 1,875 linear feet)
5. Havasu Court north of E. Mirada Avenue (approx. 355 linear feet)
6. Pinon Court north of E. Mirada Avenue (approx. 355 linear feet)
7. Mojave Court north of E. Mirada Avenue (approx. 355 linear feet)
8. Indian Canyon Court north of E. Mirada Avenue (approx. 355 linear feet)
9. Roadrunner Court north of E. Mirada Avenue (approx. 355 linear feet)
10. Oleta Lane north of E. Mirada Avenue (approx. 355 linear feet)
11. Bangor Avenue from E. Mirada Avenue to E. Citrus Street (approx. 475 linear
feet)
SMBMI submitted a draft First Amendment to Infrastructure Improvement Agreement to
the City for review and approval on March 18, 2019. The Agreement provides that
SMBMI will design and construct the improvements to the projects noted in this staff
report. The City will review and approve the plans and inspect the construction. Upon
completion, the City will accept the improvements for ongoing maintenance.
2018-19 Goals and Objectives
This project is consistent with Goal No. 4: Ensure Development of a Well-Planned
Balanced and Sustainable City and Goal No. 7: Pursue City Goals and Objectives by
working with other agencies such as: Federal, State, and regional governments to
ensure San Bernardino receives its fair share of resources by maintaining close working
relationships with other governmental agencies.
Fiscal Impact
SMBMI will pay all design and construction cost, plan check and inspection fees.
Therefore, there will be no fiscal impact to the City for this project other than regular
ongoing maintenance.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-57
approving the First Amendment to Infrastructure Improvement Agreement with the San
Manuel Band of Mission Indians (SMBMI) for Victoria Avenue Improvements and
authorizing the City Manager to execute the Amendment.
Attachments
Attachment 1 Resolution; Exhibit “A” – First Amendment to Infrastructure
Improvement Agreement including Location Map
Attachment 2 Resolution No. 2018-111 - Infrastructure Improvement Agreement
4/25/2019 3:56 PM
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Ward: 4
Synopsis of Previous Council Actions:
04-18-2018 Resolution No. 2018-111 approved the Infrastructure Improvement Agreement with
the San Manuel Band of Mission Indians (SMBMI) for Victoria Avenue Improvements
4/25/2019 3:56 PM
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Resolution No. 2019-57
RESOLUTION NO. 2019-57 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FIRST AMENDMENT TO
INFRASTRUCTURE IMPROVEMENT AGREEMENT
WITH THE SAN MANUEL BAND OF MISSION INDIANS
(SMBMI) FOR VICTORIA AVENUE IMPROVEMENTS
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT
WHEREAS, On April 18, 2018, City and San Manuel Band of Mission Indians
(SMBM1) entered into an Infrastructure Improvement Agreement to improve the infrastructure
in the surrounding community by rehabilitating streets segments throughout the City to benefit
the citizens in that area; and
WHEREAS, The SMBMI has indicated their desire to extend the scope of infrastructure
improvement and add more street segments to the existing agreement.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to
execute the first amendment to Infrastructure Agreement to add more street segments to the
original scope.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 180 Attachment: PW.First Amendment to Victoria Imp Agreem with SMBMI.01-Attachment 1-Resolution (6065 : First Amendment to Infrastructure
Resolution No. 2019-57
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this 01 day of May , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 181 Attachment: PW.First Amendment to Victoria Imp Agreem with SMBMI.01-Attachment 1-Resolution (6065 : First Amendment to Infrastructure
Resolution No. 2019-57
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ______ day of ________, 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 182 Attachment: PW.First Amendment to Victoria Imp Agreem with SMBMI.01-Attachment 1-Resolution (6065 : First Amendment to Infrastructure
Exhibit ‘A’
FIRST AMENDMENT
TO THE INFRASTRUCTURE IMPROVEMENT AGREEMENT
THIS FIRST AMENDMENT to the Infrastructure Improvement Agreement (the “First
Amendment”) effective as of May___, 2019 is entered into by and between San Manuel Band of
Mission Indians, a federally recognized Indian tribe (“Developer”) and the city of San
Bernardino, a California municipal corporation (“City”).
RECITALS
A. Developer and City entered into an Infrastructure Improvement Agreement dated
April 18, 2018 (the “Agreement”); and
B. Developer and City agreed to undertake additional infrastructure improvement
projects under the Agreement; and
C. Developer and City desire to amend the Agreement to reflect the additional
infrastructure improvement projects;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Agreement is amended as follows:
1. Exhibit A is amended by adding the following additional streets under the Description of
Improvements:
11. North Pepper Street, north of Lynwood Drive to the proposed cul-de-sac
(approximately 900 linear feet).
12. North Orange Street, north of Piedmont Drive and Holly Circle Drive (approximately
3,520 linear feet).
13. East Citrus Street from Palm Avenue to the cul-de-sac at San Manuel Reservation
Boundary (approximately 815 linear feet).
14. East Mirada Avenue from North Victoria Avenue to Bangor Avenue North
(approximately 1,875 linear feet).
15. Havasu Court north of E. Mirada Avenue (approx. 355 linear feet).
16. Pinon Court north of E. Mirada Avenue (approx. 355 linear feet).
17. Mojave Court north of E. Mirada Avenue (approx. 355 linear feet).
18. Indian Canyon Court north of E. Mirada Avenue (approx. 355 linear feet).
19. Roadrunner Court north of E. Mirada Avenue (approx. 355 linear feet).
20. Oleta Lane north of E. Mirada Avenue (approx. 355 linear feet).
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Exhibit ‘A’
21. Bangor Avenue from E. Mirada Avenue to E. Citrus Street (approx. 475 linear feet).
2. Exhibit A is further amended by adding the following additional project under the
Description of Improvements:
The project will be comprised of furnishing and installing (16) 165 Watt Safety Light-
Emitting Diode (LED) Luminaires and (15) 100 Watt Street Light-Emitting Diode
(LED) Luminaires along one segment of Victoria Avenue listed below:
1. A total of (16) 165 Watt Safety Light-Emitting Diode (LED) Luminaries in total at
the following intersections; Highland Avenue & Victoria Avenue; Mirada Road &
Victoria Avenue; Citrus Street & Victoria Avenue; and Lynwood Drive & Victoria
Avenue.
2. A total of (15) 100 Watt Street Light-Emitting Diode (LED) Luminaires in total at
mid-block locations along Victoria Ave between Highland Avenue and Lynwood
Drive.
3. Exhibit B is amended by adding the Project Site Descriptions labeled Exhibit B-1,
Exhibit B-2, and Exhibit B-3 attached to this Amendment.
Except to the extent herein amended, the Agreement shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment, effective as
of the date first written above.
DEVELOPER:
SAN MANUEL BAND OF MISSION
INDIANS, a federally recognized Indian tribe
By:__________________________________
Name: Laurens Vosloo
Its: Chief Financial Officer
CITY:
CITY OF SAN BERNARDINO, a California
municipal corporation
By:__________________________________
Name:
Its:
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RESOLUTION NO. 2018-111
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INFRASTRUCTURE IMPROVEMENT AGREEMENT WITH THE SAN
MANUEL BAND OF MISSION INDIANS (SMBMI) FOR THE REHABILITATION OF
VARIOUS STREETS THROUGHOUT THE CITY
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 and directed to execute an
Agreement between the City of San Bernardino and San Manuel Band of Mission Indians for
Victoria Avenue Improvements attached hereto and incorporated herein as Exhibit "A".
SECTION 2. That this public works project is exempt from the requirements of
competitive bidding because it can be seen with certainty that no competitive advantage can be
gained by soliciting bids as this project is being completed at no cost to the City.
SECTION 3. That the authorization to execute the above -referenced Agreement is
rescinded, if it is not executed and returned to the Office of the City Clerk within ninety (90) days
of the passage of this Resolution.
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RESOLUTION NO. 2018-111
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INFRASTRUCTURE IMPROVEMENT AGREEMENT WITH THE SAN
MANUEL BAND OF MISSION INDIANS (SMBMI) FOR THE REHABILITATION OF
VARIOUS STREETS THROUGHOUT THE CITY
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 18th
day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS I-
VALDIVIA k CM
SHORETT k
NICKEL )r
RICHARD k
MULVIHILL X(5
George anna, CMC, 44ity Clerk
The foregoing Resolution is hereby approved this 18th day of April 2018.
R. Carey DavZaidinoayor
City of San B
Approved as to form:
Gary D. Saenz, City Attorney
Lm
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Packet Pg. 187 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
INFRASTRUCTURE IMPROVEMENT AGREEMENT
This INFRASTRUCTURE IMPROVEMENT AGREEMENT (this "Agreement"), entered into
as of April 18, 2018 (the "Effective Date"), is by and between the CITY OF SAN
BERNARDINO, a California municipal corporation ('CITY), and THE SAN MANUEL BAND
OF MISSION INDIANS, a federally recognized Indian tribe ("DEVELOPER"). CITY and
DEVELOPER are sometimes hereinafter referred to individually as a "Party" and collectively as
the "Parties".
RECITALS
WHEREAS, DEVELOPER is a federally recognized Indian tribe whose federally recognized
reservation land (the "Reservation") is located adjacent to the CITY;
WHEREAS, DEVELOPER, as a member of the surrounding community, would like to invest in
the surrounding community by undertaking various infrastructure improvement projects that will
benefit the citizens of CITY;
WHEREAS, DEVELOPER has proposed to undertake the infrastructure improvement project
described on Exhibit A (the "Improvements"), which: (a) will be located in, on, under, and/or
over the parcels of real property owned or controlled by CITY that are described on Exhibit B
the "Site"); and (b) will improve the Site and the existing improvements located thereon;
WHEREAS, DEVELOPER intends, at its own cost, to design, construct, and commission the
Improvements, after which DEVELOPER will transfer ownership of the Improvements to the
CITY, in each case subject to the terms and conditions hereof; and
WHEREAS, CITY is willing to accept ownership of the Improvements upon completion and is
willing to grant to DEVELOPER the rights, licenses, permits, and approvals that DEVELOPER
will require in order to design, construct, and commission the Improvements, and to transfer the
Improvements to CITY, in each case on the terms and conditions set forth herein.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration,
the adequacy ofwhich is hereby acknowledged, DEVELOPER and CITY hereby agree as follows:
TERMS
1.0 Incorporation of Recitals. The Parries hereby affirm the facts set forth in the Recitals
above and agree to the incorporation of the Recitals as though fully set forth herein.
2.0 Design, Construction, and Commissioning of Improvements. DEVELOPER shall
design, construct, and commission, or have designed, constructed, and commissioned, in
accordance with the terms of this Agreement and at its own cost, expense, and liability, the
Improvements.
US-DOCS%94839237 11
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a) DEVELOPER shall be responsible for: (i) replacing, relocating, or removing any
component of any existing public or private improvement in conflict with the
construction or installation of the Improvements (an "Existing Componenf ); and
ii) replacing such Existing Component in accordance with the terms hereof, or
restoring such Existing Component to at least the same condition it was in prior to
any such relocation;vided that DEVELOPER shall not relocate any Existing
Component without the prior written approval of CITY, such approval not to be
unreasonably withheld, conditioned, or delayed, unless relocation of the Existing
Component is contemplated by the Plans and Specifications.
b) CITY shall promptly provide DEVELOPER with any and all rights, approvals,
licenses, or permits necessary for DEVELOPER to replace, relocate, or remove any
Existing Component.
c) If any Existing Component is owned by a private party and the Parties reasonably
agree that such Existing Component must be removed to accommodate the
Improvements and cannot be relocated at reasonable cost, then: (i) CITY may, in
its sole discretion, attempt to acquire (through its use of the power of eminent
domain or otherwise) such Existing Component for its fair market value; and (ii)
DEVELOPER shall reimburse CITY for the reasonable costs involved in the
acquisition of such private party to acquire such Existing Component, including
amounts paid to the private party and any legal fees and costs.
d) DEVELOPER further promises and agrees to provide all equipment, tools,
materials, labor, tests, design work, and engineering services necessary to complete
the Improvements.
2.1 Plans and Specifications.
a) DEVELOPER shall perform, or shall cause to be performed, all design and
engineering services that are reasonably necessary for the development of the
Improvements in a manner that is substantially consistent with the description of
the Improvements set forth on Exhibit A. Without limiting the foregoing,
DEVELOPER shall provide all engineering technical requirements, design
services, and field engineering support during construction necessary to complete
the Improvements in accordance with this Agreement, including any conceptual
design, engineering, and other design necessary to describe and detail the
Improvements, the provision of detailed design criteria to suppliers of equipment
and systems for incorporation into the Improvements, and the preparation of
drawings, plans, material, specifications, and bills of material in accordance with
this Agreement.
b) The plans and specifications for the Improvements (the "Plans and
Spec&a&ne) shall be approved by CITY prior to commencement of the Project,
such approval not to be unreasonably withheld, delayed, or conditioned; provided
2
US-DOCS194839237.11
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that such review and approval does not relieve DEVELOPER from ensuring that
all Improvements conform with all of the requirements set forth in this Agreement.
2.2 Permits and Notices. DEVELOPER shall, at its sole cost and expense, obtain all
necessary rights, approvals, permits, and licenses (collectively, "Applicable Perm), and give
all necessary notices, in each case required for the lawful construction of the Improvements and
performance of DEVELOPER's obligations under this Agreement. Prior to commencing any
portion of the construction work on the Improvements, DEVELOPER shall have obtained all
Applicable Permits, and shall have given all necessary notices, required for the lawful construction
of such portion of the Improvements. DEVELOPER shall conduct the work on the Improvements
in full compliance with the lawful regulations, rules, and other requirements contained in the
Applicable Permits issued to DEVELOPER. CITY shall, at the request of DEVELOPER,
reasonably assist DEVELOPER in its efforts to obtain any and all Applicable Permits, which
assistance shall include: (a) upon the request of DEVELOPER, promptly providing DEVELOPER
with any and all applications and information relating to any Applicable Permit to be issued by
CITY; (b) promptly providing assistance with the process of completing and submitting such
applications, and expediting review and approval of such applications to the extent practicable and
in compliance with Applicable Law; and (c) providing reasonable support for any applications
submitted by DEVELOPER to any third party for Applicable Permits that will not be issued by
CITY.
23 Real Property Rights. CITY shall, at no cost to DEVELOPER, promptly provide to
DEVELOPER, in form and substance reasonably satisfactory to DEVELOPER, instruments
and/or documents granting to DEVELOPER any and all real property rights and interests that are
necessary, based on the Plans and Specifications, for DEVELOPER to access, occupy, use, and/or
alter the Site, and to construct the Improvements in, on, under, and/or over the Site, as reasonably
determined by DEVELOPER in consultation with CITY (the "Real Property Rights'). Any such
Real Property Rights shall extinguish and be of no more force or effect upon the transfer of
ownership of the Improvements to CITY in accordance with Section 7.0 (other than any such Real
Property Rights that DEVELOPER may require to perform its warranty obligations under Section
8.0), and DEVELOPER shall, at the written request of CITY, take any and all actions reasonably
necessary for DEVELOPER to release or terminate any such Real Property Rights at such time.
2A Quality of Work; Compliance With Laws and Codes. The Plans and Specifications shall
be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations,
codes, and standards (collectively, "Applicable Laws'l. The Improvements shall be completed in
accordance with all approved maps, plans, specifications, standard drawings, and special
amendments thereto that are: (a) on file with CITY; and (b) made reasonably available to
DEVELOPER upon request, as well as all Applicable Laws in force at the time of the Agreement;
provided, however, that if any Change in Law (as defined below) occurs after the Effective Date
and such Change in Law increases the cost to DEVELOPER of completing the Improvements in
accordance with this Agreement, then CITY and DEVELOPER shall use reasonable efforts and
work in good faith to revise the Plans and Specifications in such a manner that such Change in
Law does not cause a net increase in the cost to DEVELOPER of completing the Improvements.
Change in Law" means the enactment, adoption, promulgation, modification, change in binding
interpretation, or repeal ager the Execution Date of any applicable law of the United States of
US-DOCSWU39237.11
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America or any state thereof (other than any United States national, federal, state or other income
tax law) that impacts the Project or adversely affects DEVELOPER's performance under this
Agreement.
2.5 Standard of Performance. DEVELOPER and the contractor with whom DEVELOPER
contracts to construct the Improvements (the "Contractor") shall perform all work required to
construct the Improvements in a skillful and workmanlike manner that is consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. DEVELOPER shall have, or shall cause the Contractor to have, the skill
necessary to perform the work in accordance with the immediately preceding sentence. The
Contractor shall, and the employees of DEVELOPER that are performing design or construction
work in connection with the Improvements shall, have sufficient skill and experience to perform
the work assigaed to them, and shall have all licenses, permits, qualifications, and approvals of
whatever nature that are legally required for them to perform the work (which licenses, permits,
qualifications and approvals shall be maintained throughout the term of this Agreement).
2.6 Alterations to Improvements. All work shall be done and the Improvements completed
in accordance with the Plans and Specifications, and any subsequent alterations thereto made in
accordance with the terms of this Agreement. If, during the course of the construction and
installation of the Improvements, the CITY reasonably determines that the public interest requires
alterations in the Improvements, then: (a) DEVELOPER shall consider such request in good faith;
and (b) if DEVELOPER agrees to such requested change (such agreement not to be unreasonably
withheld, conditioned, or delayed), then: (x) DEVELOPER shall make such alteration to the Plans
and Specifications; and (y) CITY shall reimburse DEVELOPER on demand for the reasonable
incremental costs incurred by DEVELOPER to implement such alteration, including the cost to
redesign the Plans and Specification, the cost to remove, replace, or alter completed work relating
to the Improvements, and any additional increase in the cost to procure, construct, and commission
the Improvements that results from such requested alteration. Any and all alterations in the Plans
and Specifications or the Improvements may be accomplished without first giving prior notice
thereof to DEVELOPER's surety for this Agreement.
2.7 Prevailing Wage RequirementJPublic Works Laws. DEVELOPER shall, and shall
cause the Contractor to, pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1,
Part 7, Division 2 of the Labor Code) to all persons who perform construction work for
DEVELOPER or the Contractor in connection with the Improvements, and to otherwise comply
with the provisions of the Labor Code, the Government Code and the Public Contract Code relating
to public works projects that are set forth on Exhibit E hereto. DEVELOPER shall provide proof
to CITY, at such intervals as CITY may reasonably require, that the foregoing requirements are
being satisfied.
3.0 Maintenance of Improvements. CITY shall not be responsible or liable for the maintenance
or care of the Improvements until ownership of the Improvements has been transferred to CITY in
accordance with Section 7.0. CITY shall exercise no control over the Improvements until
ownership of the Improvements has been transferred to CITY in accordance with Section 7.0. Any
use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive
risk of DEVELOPER at all times prior to CITY's acceptance of the Improvements. DEVELOPER
shall maintain all of the Improvements in a state of good repair until they are completed by
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DEVELOPER and transferred to CITY in accordance with Section 7.0. Until ownership of the
Improvements has been transferred to CITY in accordance with Section 7.0, it shall be
DEVELOPER's responsibility to initiate all maintenance work relating to the Improvements, but
if DEVELOPER shall fail to do so, DEVELOPER shall promptly perform such maintenance work
when notified to do so by CITY. If DEVELOPER fails to properly prosecute its maintenance
obligation under this section, then CITY may do all work necessary for such maintenance and the
cost thereof shall be the responsibility of DEVELOPER and its surety under this Agreement.
Except as set forth in Simon 12.0, CITY shall not be responsible or liable for any damage to the
Improvements, or any bodily injury in any way related to or caused by the Improvements or their
condition, prior to the date on which ownership of the Improvements has been transferred to CITY
in accordance with Section 7.0.
4.0 Fees and Charges. DEVELOPER shall, at its sole cost and expense, pay all fees, charges,
and taxes arising out of the construction of the Improvements, including, but not limited to, all
plan check, design review, engineering, inspection, sewer treatment connection fees, and other
service fees that CITY generally charges in connection with similar types of projects in the same
geographic area in which the Improvements will be located.
5.0 CITY Inspection of Improvements. DEVELOPER shall, at its sole cost and expense,
and at all times during construction of the Improvements, provide safe access, during all working
hours and upon reasonable prior notice, for inspection by CITY of the Improvements and areas
where construction of the Improvements is occurring or will occur. Employees, representatives,
and contractors of CITY shall comply with any and all safety protocols established by
DEVELOPER when visiting the Site, the Improvements, or areas where construction of the
Improvements is occurring or will occur. CITY will inspect the Improvements to insure the
Improvements are built in accordance with the Plans and Specifications.
6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed
by Sections 8412 and 8414 of the Civil Code with respect to the Improvements, DEVELOPER
shall provide to CITY reasonable evidence that all persons, firms and corporations supplying work,
labor, materials, supplies and equipment in connection with the construction of the Improvements
have been paid, and that no claims of liens have been recorded by or on behalf of any such person,
firm or corporation. Rather than await the expiration of the said time for the recording of claims
of liens, DEVELOPER may elect to provide to CITY a title insurance policy or other security
acceptable to CITY guaranteeing that no such claims of liens will be recorded or become alien
upon the Site.
7.0 Acceptance of Improvements; As -Built or Record Drawings.
a) When DEVELOPER believes that DEVELOPER has completed the Improvements
in accordance with this Agreement, DEVELOPER shall notify CITY in writing
such notice, a "Notice of Completion'). Promptly after receiving a Notice of
Completion (but in no event later than seven (7) business days after receiving such
notice), CITY shall inspect the Improvements and promptly thereafter (but in no
event later than seven (7) business days thereafter) either: (i) accept the
Improvements by countersigning such Notice of Completion and returning such
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countersigned notice to DEVELOPER; or (ii) if any elements of the Improvements
fail to comply with the requirements of this Agreement, notify DEVELOPER in
writing of such elements, which notice shall specify in reasonable detail such
elements and the corrective action that CITY believes that DEVELOPER must take
in connection therewith to bring such elements into compliance. If CITY delivers
a written notice to DEVELOPER under clause(ii) above, then: (x) the Parties shall
promptly meet and confer with respect to such alleged deficiencies; and (y)
DEVELOPER thereafter shall promptly correct any elements of the Improvements
that fail to comply with the terms of this Agreement. The process set forth in this
clause a shall be repeated on an iterative basis until all of the Improvements have
been accepted by CITY.
b) CITY may, in its sole and absolute discretion, accept fully completed portions of
the Improvements prior to such time that all of the Improvements are complete,
which shall not release or modify DEVELOPER's obligation to complete the
remainder of the Improvements.
c) Upon the total or partial acceptance of the Improvements by CITY, DEVELOPER
shall file with the Recorder's Office of the County of San Bernardino a notice of
completion for the accepted Improvements in accordance with California Civil
Code sections 8182, 8184, 9204, and 9208, at which time the accepted
Improvements shall become the sole and exclusive property of CITY without any
payment therefor. Notwithstanding the foregoing, CITY may not accept any
Improvements unless and until DEVELOPER provides one (1) set of "asbuilt" or
record drawings or plans to the CITY for all such Improvements. The drawings
shall be certified and shall reflect the condition ofthe Improvements as constructed,
with all changes incorporated therein.
8.0 Warranty Requirements; CITY as Third -Party Beneficiary.
a) DEVELOPER shall cause its contract with the Contractor for the construction of
the Improvements (the "Construction Con&wfI to include, at a minimum, the
following warranty provisions:
i) The Contractor will warrant that the Improvements will be free from
Defects (as defined below) (the "Warranty") for a period of one (1) year
following completion of the Improvements and acceptance by CITY thereof
in accordance with Section 7.0 of this Agreement (the " Wwmnty Period").
Notwithstanding anything to the contrary in the foregoing sentence, the
Warranty will not apply to any damage to any portion of the Improvements
to the extent such damage is caused by: (i) normal wear and tear; (ii)
improper repairs or alterations of such portion of the Improvements; (iii)
CITY's failure to operate or maintain such portion of the Improvements,
including in compliance with any operation and maintenance manuals for
the Improvements provided by the CONTRACTOR or DEVELOPER; or
iv) any negligent act or the willful misconduct of CITY or its
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representatives. "Defect' means any element of the Improvements,
including the construction or installation of such element, that does not
conform to the requirements of this Agreement.
ii) If CITY or DEVELOPER notifies Contractor of any Defect at any time
within the Warranty Period, then Contractor will re -perform, replace, or
repair such Defect in accordance with all Applicable Laws and the
requirements of the Construction Contract. The repair, replacement, or
reconstruction of any Defect during the Warranty Period will be at the sole
cost, expense, and liability of the CONTRACTOR and its surety. If any
portion of the Improvements is repaired, replaced, or reconstructed during
the Warranty Period to correct a Defect, then the CONTRACTOR and its
surety will extend the Warranty Period with respect to such.portion of the
Improvements for an additional one (1) year period following CITY's
acceptance of the repaired, replaced, or reconstructed portion of the
Improvements; provided that, notwithstanding the foregoing, the Warranty
Period for any repaired, replaced, or reconstructed portion of the
Improvements will not exceed a total of eighteen (18) months, regardless of
any subsequent Warranty work on such portion of the Improvements.
b) DEVELOPER shall cause the Construction Contract to name CITY as a third -parry
beneficiary of the Warranty provisions under the Construction Contract with the
same rights and privileges as DEVELOPER with respect thereto, including, but not
limited to, the right to enforce such Warranty provisions against the Contractor.
9.0 Administrative Costs. If DEVELOPER fails to construct and install all or any part of the
Improvements, or if DEVELOPER fails to comply with any other obligation contained herein,
DEVELOPER and its surety shall be jointly and severally liable to CITY for all reasonable,
documented, and out-of-pocket administrative expenses, fees, and costs, including reasonable
attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing
any legal action or for any other remedies permitted by law.
10.0 Default; Notice; Remedies.
10.1 Notice of Default; Cure; Termination. If either Party (the "Defaulting Party) fails to
fulfill or timely complete any of its material obligations under this Agreement and such failure is
continuing, then the other Party (the "NonDefaulting Party') may, at any time thereafter, declare
the Defaulting Party to be in default or violation of this Agreement and make written demand upon
the Defaulting Party (or if the defaulting Party is DEVELOPER, upon DEVELOPER, its surety,
or both) to immediately remedy such failure (any such notice, a "Notice of Default'). The
Defaulting Party shall thereafter promptly commence the cure of such failure within five (5) days
after receiving such Notice of Default and shall use diligent and continuous efforts to cure such
failure as soon as reasonably practical, but in no event later than thirty (30) days after receiving
such Notice of Default; provided, however, that if such failure is not capable of being cured within
such period of thirty (30) days, then such cure period shall be extended for an additional reasonable
period of time (not to exceed ninety (90) days in total) so long as the Defaulting Party is working
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diligently to cure such failure. If DEVELOPER has failed to fulfill or timely complete any of its
material obligations under this Agreement and such failure constitutes an immediate threat to the
public health, safety, or welfare, CITY may provide the Notice ofDefault to DEVELOPER orally,
and DEVELOPER shall substantially commence the cure of such failure within twenty-four (24)
hours thereof. If the Defaulting Parry does not cure such failure within the time periods set forth
in this Section 10.1, then the Non -Defaulting Party shall have the right: (a) to terminate this
Agreement by delivering a written notice of termination to the Defaulting Party; and (b) to pursue
all remedies available to it at law or in equity; .. row that such failure has not been cured by the
Defaulting Party by the date on which the Defaulting Party receives such notice of termination.
10.2 Failure to Remedy. If: (a) DEVELOPER has failed to fulfill or timely complete any of
its material obligations under this Agreement and has failed to cure such failure within the
applicable time periods set forth in Section 10.1.; and (b) CITY has terminated this Agreement in
accordance with Section 10. 1, then, in addition to any other remedies that CITY may have at law
or in equity, CITY may, in its sole discretion, complete, or arrange for the completion of, the
Improvements at the sole and absolute cost, expense, and liability of DEVELOPER and its surety.
CITY's right to take such actions shall in no way be limited by the fact that DEVELOPER or its
surety may have constructed any of the Improvements at the time of CITY's demand for
performance. In the event CITY elects to complete or arrange for completion of the improvements,
CITY may require all work by DEVELOPER or its surety to cease in order to allow adequate
coordination by CITY.
103 Other Remedies. No action by either Party pursuant to Sections 10.1 or 10.2 of this
Agreement shall prohibit such Party from exercising any other right, or pursuing any other legal
or equitable remedy, available under this Agreement or Applicable Law. Either Party may exercise
its rights and remedies independently or cumulatively, and each Party may pursue inconsistent
remedies. Either Party may institute an action for damages, injunctive relief, or specific
performance.
11.0 Security; Surety Bonds. Prior to the commencement of any work on the Improvements,
DEVELOPER shall cause its Contractor to provide CITY with surety bonds in the amounts and
under the terms set forth below (the "Security"). The amount of the Security shall be based on the
estimated actual costs to construct the Improvements, as determined by DEVELOPER in
consultation with CITY (the "Estimated Costs'j. DEVELOPER's compliance with Sections 11.0
through 11.4 of this Agreement shall in no way limit or modify DEVELOPER's indemnification
obligation provided in Section 12.0 of this Agreement.
11.1 Performance Bond. To guarantee the performance by DEVELOPER of its obligations
under this Agreement, DEVELOPER shall cause its Contractor to provide CITY with a
performance bond in an amount which sum shall be not less than one hundred percent (100%) of
the Estimated Costs. CITY may, in its sole and absolute discretion, partially release a portion or
portions of the Security provided under this Section 11.1 as the Improvements are accepted by
CITY;vided that DEVELOPER is not in default on any provision of this Agreement and the
total remaining Security is not less than fifty percent (50%) of the Estimated Costs. All Security
provided under this Section 11.1 shall be released at the end of the Warranty Period; provided that
DEVELOPER is not in default of any provision of this Agreement.
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11.2 Labor & Material Bond. To secure payment to the subcontractors, laborers, materialmen,
and other persons fimiishing labor, materials, or equipment in connection with the Improvements,
DEVELOPER shall cause the Contractor to provide CITY with a labor and materials bond in an
amount which sum shall not be less than one hundred percent (1001/6) of the Estimated Costs. The
Security provided under this Section 11.2 shall be released by written authorization of CITY no
later than six (6) months from the date on which CITY accepts the Improvements in accordance
with Section 7.0. if such Security has not already been terminated or has not otherwise expired in
accordance with its terms. The amount of such Security shall be reduced by the total of all stop
notice or mechanic's lien claims of which CITY is aware, plus an amount equal to twenty percent
20%) of such claims for reimbursement of CITY's anticipated administrative and legal expenses
arising out of such claims.
11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have
a current AM. Best rating of at least "A " and FSC -VII, shall be licensed to do business in
California, and shall have a physical office within one hundred (100) miles of the city limits.
Developer shall cause the Contractor and the surety to stipulate and agree that no change, extension
of time, alteration, or addition to the terms of this Agreement, the Improvements, or the Plans and
Specifications shall in any way affect its obligation on the Security.
11.4 Evidence of Security. Evidence of the Security shall be provided on the forms set forth in
Exhibit C, unless other forms are deemed acceptable by the CITY (such acceptance not to be
unreasonably withheld, conditioned, or delayed).
12.0 Indemnification.
a) Subject to Section 14.2, DEVELOPER agrees to defend, indemnify, and hold
harmless CITY, its officers, elected and appointed officials, employees, agents, and
volunteers (each, a "City Indemnified Party") from and against any and all claims,
damages, losses, expenses, fines, penalties, judgments, demands, and actual, direct,
documented and reasonable out-of-pocket defense costs and expenses (including,
without limitation, amounts paid in compromise or settlement and reasonable
outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) (collectively,
Claims") for property damage or bodily injury that arise out of, or are in any way
related to, the construction, operation, or maintenance of, or any negligent error in
the design of, the Improvements prior to the date on which ownership of the
Improvements are transferred to CITY in accordance with Section 7.0, except to
the extent any such Claim was caused by the negligence, recklessness, or willful
misconduct of any City Indemnified Party. DEVELOPER hereby waives any and
all rights to any types of express or implied indemnity against any of the City
Indemnified Parties arising out of the above referenced conduct. The policy limits
of any insurance of DEVELOPER, its affiliates or other parties are not a limitation
upon the obligation of DEVELOPER under this Section 12.0, including without
limitation, the amount of indemnification to be provided by DEVELOPER The
provisions of this section shall survive the termination of this Agreement.
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b) CITY agrees to defend (with counsel selected by DEVELOPER), indemnify, and
hold harmless DEVELOPER, its officers, tribal members, employees, agents,
contractors, and volunteers (each, a "Developer Indemnifwd Party) from and
against any and all Claims for property damage or bodily injury that arise out of, or
are in any way related to, the operation or maintenance of the Improvements on and
after the date on which ownership of the Improvements are transferred to CITY in
accordance with Section 7.0, except to the extent any such Claim was caused by
the negligence, recklessness, or willful misconduct of any Developer Indemnified
Parry. CITY hereby waives any and all rights to any types of express or implied
indemnity against any of the Developer Indemnified Parties arising out of the above
referenced conduct. The policy limits of any insurance maintained by CITY, its
affiliates or other parties are not a limitation upon the obligations of CITY under
this Section 12.0, including without limitation, the amount of indemnification to he
provided by CITY. The provisions of this section shall survive the termination of
this Agreement.
13.0 Insurance. DEVELOPER shall procure and maintain, and shall require the Contractor to
procure and maintain, during the performance of this Agreement, insurance of the types and in the
amounts described in Exhibit D.
14.0 LEVIITATION ON LIABILITY; RELEASE OF CLAIMS.
14.1 Consequential Damages. Neither Party shall be liable under this Agreement or under any
cause of action related to the subject matter of this Agreement, whether in contract, warranty, tort
including negligence), strict liability, products liability, professional liability, indemnity,
contribution, or any other cause of action, for loss of profit, loss of revenue, loss of reputation, loss
of opportunity, the cost of obtaining or maintaining financing including any interest and bank
charges, or other special, indirect, incidental or consequential losses or damages (collectively,
Consequential Damages"), and each Party hereby releases the other Party from any and all
liability for such Consequential Damages.
14.2 RELEASE OF DEVELOPER. UPON TRANSFER OF THE OWNERSHIP OF THE
IMPROVEMENTS TO CITY UNDER SECTION 7.0, CITY HEREBY FOREVER RELEASES
AND DISCHARGES DEVELOPER FROM ANY AND ALL LIABILITY, AND WAIVES ANY
AND ALL CLAIMS THAT CITY MAY HAVE AGAINST DEVELOPER AT SUCH TIME OR
IN THE FUTURE, IN CONNECTION WITH THE DESIGN, CONSTRUCTION, OWNERSHIP,
OPERATION, USE, OR MAINTENANCE OF THE IMPROVEMENTS (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
PRODUCTS LIABILITY, PROFESSIONAL LIABILITY, INDEMNITY, CONTRIBUTION,
OR ANY OTHER CAUSE OF ACTION).
15.0 Miscellaneous.
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15.1 Entire Agreement. This Agreement contains the entire agreement between CITY and
DEVELOPER and supersedes any prior oral or written statements or agreements between CITY
and DEVELOPER
15.2 Assignment. Neither Parry shall assign all or any portion of its rights or obligations under
this Agreement without the prior written consent of the other Party, which consent may be withheld
in the other Party's sole discretion; provided that DEVELOPER may, without the consent of CITY,
assign this Agreement to any instrumentality of DEVELOPER or affiliated entity. Any such
assignment in violation of this Section 15.2 shall be void ab initio.
15.3 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement
shall not operate to create a partnership or joint venture between CITY and DEVELOPER-
Nothing EVELOPERNothinghereinshallbedeemedtomakeDEVELOPER, the Contractor or any subcontractor of
the Contractor an agent or contractor of CITY. The Contractor and its subcontractors are
exclusively and solely under the control and dominion of DEVELOPER
15.4 Authority to Enter Agreement. Each Party warrants that the individuals who have signed
this Agreement have the legal power, right, and authority to cause its respective Party to enter into
this Agreement and to bind its respective Party.
15.5 Prohibited Interests. DEVELOPER warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for DEVELOPER, to solicit
or secure this Agreement. DEVELOPER also warrants that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for DEVELOPER, any fee,
commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of
this Agreement. For breach of this warranty, CITY shall have the right to rescind this Agreement
without liability.
15.6 Notices. All notices, demands, invoices, and written communications shall be in writing
and delivered to the following addresses or such other addresses as the Parties may designate by
written notice:
To CITY: City of San Bernardino
Attn: Public Works Director
290 North "D" Street
San Bernardino, CA 92401
To DEVELOPER: San Manuel Band of Mission Indians
Attn: Director of Real Estate and Development
26569 Community Center Drive
Highland, California 92346
Depending upon the method of transmittal, notice shall be deemed received as follows: by
messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours
after deposit in the U.S. Mail.
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15.7 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall
take any additional acts or sign any additional documents as may be necessary, appropriate, or
convenient to attain the purposes of this Agreement.
15.8 Construction; References; Captions. It being agreed the Parties or their agents have
participated in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days, or period for performance shall be deemed calendar days and not work
days. All references to DEVELOPER include all personnel, employees, agents, and contractors of
DEVELOPER, except as otherwise specified in this Agreement. All references to CITY include
its elected officials, officers, employees, agents, and volunteers except as otherwise specified in
this Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
15.9 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
15.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual right by
custom, estoppel, or otherwise.
15.11 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall
inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or
obligation.
15.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
15.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
15.14 Dispute Resolution: Arbitration; Mutual Waiver of Immunity
a) Negotiation. Any contractual dispute, claim or controversy (" GTaim") that arises
under or with respect to this Agreement shall in the first instance be the subject of
informal negotiations between designated officers of each Party who have the
appropriate authority to settle any such Claim. A Claim shall be considered to have
arisen when one Party sends the other a notice that identifies with particularity the
nature of and the acts(s) or omission(s) forming the basis of the Claim. The period
for informal negotiations shall not exceed fifteen (15) business days from the time
the Claim arises, unless it is modified by written agreement of the Parties.
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b) Mediation. In the event that the Parties cannot resolve a Claim by informal
negotiations in accordance with clause a above, the Parties agree to submit the
Claim to non-binding mediation. Within fifteen (15) business days following the
expiration of the time period for informal negotiations, the Parties involved in the
dispute shall propose and agree upon a neutral and otherwise qualified mediator.
In the event that the Parties fail to agree upon a mediator either party may request
JAMS to appoint a mediator. The period for mediation shall commence upon the
appointment of the mediator and shall not exceed sixty (60) days, unless such time
period is modified by written agreement of the Parties. The decision to continue
mediation shall be in the sole discretion of each Party. Each Party shall bear their
own costs of the mediation, and the mediator's fees shall be shared equally by the
Parties
c) Arbitration. If the Parties are unable to resolve any Claim pursuant to Sections
15.14(ai and 15.14ffi the Parties agree that any such Claim shall be determined by
arbitration in the County of San Bernardino before one arbitrator agreed to by the
Parties. The arbitration shall be administered by JAMS pursuant to its Arbitration
Rules & Procedures (Comprehensive or Streamlined), and may include the
Expedited Procedures. Judgment of any award issued by the arbitrator C Award')
maybe entered in any court having jurisdiction. This clause shall not preclude the
Parties from seeking provisional remedies in aid of arbitration from any court
having jurisdiction.
d) Allocation of Fees and Costs. The arbitrator may, in the Award, allocate all or part
of the costs of the arbitration, including the fees of the arbitrator, the administrative
costs described in Section 9.0 of this Agreement, and the reasonable attorneys' fees
of the prevailing party.
e) Mutual Waiver of Immuni . CITY agrees to expressly waive any right to assert
governmental immunities against the DEVELOPER, and DEVELOPER agrees t(7
expressly waive any right to assert tribal sovereign immunity against the CITY, in
connection with the arbitrator's jurisdiction in any action brought pursuant to this
Section to enforce the provisions of this Agreement. DEVELOPER agrees to
provide CITY with a written resolution authorizing a limited waiver of its sovereign
immunity from suit, attached hereto as Forb t F.
15.15 Facsimile; Counterparts. Either Party may deliver executed signature pages to this
Agreement by facsimile or electronic transmission to the other Party, which facsimile or electronic
copy shall be deemed to be an original executed signature page. This Agreement may be executed
in one or more counterparts, each of which will be deemed an original, but all of which together
will constitute a single instrument.
Signature Page(s) Follows]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF SAN BERNARDINO,
a California municipal corporation
By.
Name: Andrea M Miller
Title: City Manager
Approved as to Legal Form:
GARY D. SAENZ, City Attorney
ATTEST
Georgeann Hanna, City Clerk:
THE SAN MANUEL BAND OF
MISSION INDIANS,
a federally recognized Indian tribe
By:
Name:
Title:
Signature Page to Infrastructure Improvement Agreement]
y=
THE SAN MANUEL BAND OF
MISSION INDIANS,
a federally recognized Indian tribe
By:
Name:
Title:
Signature Page to Infrastructure Improvement Agreement]
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EDIT A
DESCRIPTION OF I PROVEMENTS
See attached]
EXHIBIT A-1
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EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Project will be comprised of evaluation and rehabilitation of asphaltic concrete
pavement in ten (10) segments of public streets listed below:
1. Approximately 3,850 linear feet of North Victoria Avenue, from north of
Highland Avenue to the intersection with Lynwood Drive.
2. Approximately 1,900 linear feet of Citrus Street, from east of North Victoria
Avenue to the intersection with Bangor Avenue.
3. Approximately 500 linear feet of Havasu Court, north of Citrus Street.
4. Approximately 500 linear feet of Pinon Court, north of Citrus Street.
5. Approximately 590 linear feet of Mojave Court, north of Citrus Street.
6. Approximately 650 linear feet of Indian Canyon Court, from north of Citrus
Street to south of Piedmont Drive.
7. Approximately 365 linear feet of Roadrunner Court, north of Citrus Street.
8. Approximately 165 linear feet of Oleta Lane, north of Citrus Street
9. Approximately 380 linear feet of Bangor Avenue, from north of Citrus Street to
south of Piedmont Drive.
10. Approximately 500 linear feet of Central Avenue, from north of Piedmont Drive
to San Manuel Reservation Boundary.
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Packet Pg. 203 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
EYMIT B
DESCRIPTION OF SITE
See attached]
EDIT B-1
US-DOCM"839237.11
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Packet Pg. 204 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
GRAPHIC SCALE
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PREPARED BY.
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Packet Pg. 205 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
1WA.fl l<l
FORMS FOR SECURITY
See attached)
EXHIBIT C-1
US-DOC3W4839237,11
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Packet Pg. 206 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
PERFORMANCE BOND
WHEREAS, the City of San Bernardino ("CITY") has executed an agreement with the San Manuel
Band of Mission Indians (hereinafter "DEVELOPER'), requiring DEVELOPER to perform
certain work consisting of, but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the construction of street and transportation system improvements
hereinafter the "Work");
WHEREAS, the Work to be performed by DEVELOPER is more particularly set forth in that
certain Infrastructure Improvement Agreement dated "March 2018 (hereinafter the
DEVELOPER Agreement'); and
WHEREAS, DEVELOPER has engaged [Contractor] (hereinafter "CONTRACTOR") to perform
the Work on behalf of DEVELOPER under that certain [Construction Contract], dated [date] (the
Agreement'j; and
WHEREAS, CONTRACTOR is required by the Agreement: (a) to provide (and DEVELOPER is
obligated under the DEVELOPER Agreement to cause CONTRACTOR to provide) a good and
sufficient bond for performance of the Work; and (b) to warranty the Work constructed thereunder;
and
WHEREAS, the Agreement is hereby referred to and incorporated herein by this reference; and
NOW, THEREFORE, we the undersigned, CONTRACTOR, as Principal and [Surety], a
corporation organized and existing under the laws of the State of [state] and duly authorized to
transact business under the laws of the State of California, as Surety: (a) are held and firmly bound
unto the CITY in the sum of [Amount] ($ ), said sum being not less than one hundred percent
100%) of the total cost of the Work as set forth in the Agreement, and (b) bind ourselves,
our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such, that if CONTRACTOR, or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in
the Agreement and any alteration thereof made as therein provided, to be kept and performed at
the time and in the manner therein specified and in all respects according to their intent and
meaning, and to indemnify and save harmless CITY, its officers, employees, and agents, as
E LHIBTT C-2
I,Is-noC5\94839237.1 1
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Packet Pg. 207 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or additions to the terms of the said Agreement or to the Work to be performed
thereunder or the specification accompanying the same shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Worm.
IN WITNESS WHEREOF, we have hereto set our hands and seals this [number] day of [month],
2017.
Principal
By:
Its:
Surety
By:
Attorney -in -Fact
EI1MIT C-3
US-DOCS19M9237.11
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Packet Pg. 208 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
LABOR & MATERIAL BOND
WHEREAS, the City of San Bernardino ("CITY'] has executed an agreement with the San Manuel
Band of Mission Indians (hereinafter "DEVELOPER"), requiring DEVELOPER to perform
certain work consisting oi, but not limited to, furnishing all labor, materials, tools, equipment,
services, and incidentals for the construction of street and transportation system improvements
hereinafter the "Work);
WHEREAS, the Work to be performed by DEVELOPER is more particularly set forth in that
certain Infrastructure Improvement Agreement dated March 2018 (hereinafter the
DEVELOPER Agreement"); and
WHEREAS, DEVELOPER has engaged [Contractor] (hereinafter "CONTRACTOR") to perform
the Work on behalf of DEVELOPER under that certain [Construction Contract], dated [date] (the
Agreement"); and
WHEREAS, CONTRACTOR is required to furnish a bond in connection with the Agreement
providing that if CONTRACTOR shall fail to pay for any materials, provisions, or other supplies,
or terms used in, upon, for or about the performance of the Work contracted to be done, or for any
work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the
California Civil Code. with respect to such work or labor, that the Surety on this bond will pay the
same together with a reasonable attorney's fee in case suit is brought on the bond.
NOW, THEREFORE, we the undersigned, CONTRACTOR, as Principal and [Surety], a
corporation organized and existing under the laws of the State of [State] and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the CITY and to any and all material men, persons, companies or corporations fiunishmg
materials, provisions, and other supplies used in, upon, for or about the performance of the said
Work, and all persons, companies or corporations renting or hiring teams, or implements or
machinery, for or contributing to said Work to be done, and all persons performing work or labor
upon the same and all persons supplying both work and materials as aforesaid, the sum of [amount]
said sum being not less than 100% of the total amount payable to CONTRACTOR
EBIT C-4
US-AOCSV4839237.11
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Packet Pg. 209 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors and assigns jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if CONTRACTOR or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or
other supplies or machinery used in, upon, for or about the performance of the Work contracted to
be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in
California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code
with respect to work or labor performed by any such claimant, or for any amounts required to he
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the contractor and his subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor, and all other applicable laws
of the State of California and rules and regulations of its agencies, then said Surety will pay the
same in or to an amount not exceeding the sum specified herein.
In case legal action is required to enforce the provisions of this bond, the prevailing party shall be
entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements
and other consequential damages. In addition to the provisions hereinabove, it is agreed that this
bond will inure to the benefit of any and all persons, companies and corporations entitled to make
claims under Sections 8024, 8400, 8402, 8404, 8430, 9100 of the California Civil Code, so as to
give a right of action to them or their assigns in any suit brought upon this bond.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or
e specification accompanying the same shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Agreement or to the Work.
IN WITNESS WHEREOF, we have hereto set our hands and seals this [number] day of [month],
2017.
Principal
By:
Its:
EICMIT C-5
US-DUCS194839237.11
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Packet Pg. 210 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
Surety
m
Attorney -in -Fact
EX]Mff C-6
us-nocs\94839237.11
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Packet Pg. 211 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
EX IBrr D
INSURANCE
1.0 Types; Amounts. DEVELOPER shall procure and maintain, and shall require contractors
to procure and maintain, during performance of this Agreement, insurance of the types and in the
amounts described below ("Required Insurance"). If any of the Required Insurance contains a
general aggregate limit, such insurance shall apply separately to this Agreement or be no less than
two times the specified occurrence limit.
a) General Liability. Occurrence version general liability insurance, or equivalent form, with
a limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage.
b) Automobile Liability. Automobile liability insurance with a combined single limit of not
less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage
for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased,
hired, or borrowed by the insured or for which the insured is responsible.
c) Workers' Compensation. Workers' compensation insurance with limits as required by the
Labor Code of the State of California and employers' liability insurance with limits of not less
than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains
employees.
d) Professional Liability. For any consultant or other professional who will engineer or design
the Improvements, liability insurance for errors and omissions with limits not less than Two
Million Dollars ($2,000,000) per claim, shall be procured and maintained for a period of five (5)
years following completion of the Improvements. Such insurance shall be endorsed to include
contractual liability.
2.0 Deductibles. Any deductibles or self-insured retentions must be declared to and approved
by CITY.
3.0 Additional Insured; Separation of Insureds. The Required Insurance shall name CITY, its
elected officials, officers, employees, and agents as additional insureds with respect to work
performed by or on behalf of DEVELOPER or its contractors, including any materials, parts, or
equipment finished in connection therewith. The Required Insurance shall contain standard
separation of insureds provisions, and shall contain no special limitations on the scope of its
protection to CITY, its. elected officials, officers, employees, or agents.
4.0 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with
respect to any insurance or self-insurance programs covering CITY, its elected officials, officers,
employees, or agents. The policy required for workers' compensation insurance shall provide that
the insurance company waives all right of recovery by way of subrogation against CITY in
connection with any damage or harm covered by such policy.
EX "ff D-1
us-nocM93M7.11
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Packet Pg. 212 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
5.0 Certificates; Verification. DEVELOPER and its contractors shall furnish CITY with
original certificates of insurance and endorsements effecting coverage for the Required Insurance.
The certificates and endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements must be received
and approved by CITY before work pursuant to this Agreement can begin. CITY reserves the right
to require complete, certified copies of all required insurance policies, at any time.
6.0 Term; Cancellation Notice. DEVELOPER and its contractors shall maintain the Required
Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement
which will expire prior to that date. All policies shall be endorsed to provide that the Required
Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty
30) days' prior written notice to CITY.
7.0 Insurer Rating. Unless approved in writing by CITY, all Required Insurance shall be placed
with insurers licensed to do business in the State of California and with a current A.M. Best rating
of at least "A" and FSC -VIII.
EI=IT D-2
US-DOCS\94939239.11
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Packet Pg. 213 Attachment: PW.First Amendment to Victoria Imp Agreement with SMBMi.02-Attachment 2- Agreement Resolution 2018-11 (6065 : First
EXHIBIT E
APPLICABLE PUBLIC WORKS LAW PROVISIONS
None.
US-DOCS144839237.11
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11.a
Packet Pg. 215 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.00-REPORT (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
and "E" Street. The City’s share of cost for the project is $9,000, for a total funding
amount of $60,000 establishing a reimbursement ratio of 85%.
Delineation of Class II Bike Lanes along "G" Street from Inland Center Drive to Rialto
Avenue and along Rialto Avenue between "G" Street and "E" Street was completed on
March 31, 2016, and a portion of the cost of the project is eligible for reimbursement
from SBCTA.
Discussion
SBCTA requires that claims for TDA Article 3 funds first be authorized by the Mayor and
City Council. Attached to the Resolution is a copy of the reimbursement request form
marked Exhibit “A”. The Resolution authorizes and directs the City Manager to sign the
reimbursement request form. The total cost of the project was $41,469.33 of which 85%
is reimbursable or $35,248.93.
2018-19 Goals and Objectives
This project is consistent with Goal No 4: Ensure Development of a Well-Planned
Balanced and Sustainable City. This project will contribute to ensure that the City is
clean and attractive and provide infrastructure designed for long term economic growth.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-58,
approving submittal of a claim to the San Bernardino County Transportation Authority
(SBCTA) for reimbursement of TDA Article 3 funds for delineation of Class II Bike Lanes
along "G" Street from Inland Center Drive to Rialto Avenue and along Rialto Avenue
between "G" Street and "E" Street; and authorize the City Manager to execute the claim
form.
Attachments
Attachment 1 Resolution 2019-58; Exhibit “A” - Reimbursement Request Form
Attachment 2 Summary and Invoices
Ward: 1, 3
On October 3, 2011, the Mayor and City Council adopted Resolution No. 2011-277,
ratifying the submittal of a TDA Article 3 application to SBCTA for delineation of Class II
Bike Lanes along "G" Street from Inland Center Drive to Rialto Avenue and along Rialto
Avenue between "G" Street and "E" Street.
4/25/2019 3:59 PM
11.a
Packet Pg. 216 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.00-REPORT (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
Resolution No. 2019-58
RESOLUTION NO. 2019-58 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SUBMITTAL OF A CLAIM TO THE SAN
BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FOR REIMBURSEMENT OF TDA
ARTICLE 3 FUNDS FOR DELINEATION OF CLASS II
BIKE LANES ALONG "G" STREET FROM INLAND
CENTER DRIVE TO RIALTO AVENUE AND ALONG
RIALTO AVENUE BETWEEN "G" STREET AND "E"
STREET; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CLAIM FORM
WHEREAS, the Transportation Development Act (TDA) provides funding for the
development and support of public transportation needs that exist in California and are allocated
to each county based on population, taxable sales and transit performance; and
WHEREAS, the San Bernardino County Transportation Authority (SBCTA) administers
the TDA funds for a wide variety of transportation programs in San Bernardino County,
including planning and program activities, pedestrian and bicycle facilities, community transit
services, public transportation, and bus and rail projects; and
WHEREAS, on October 3, 2011, Resolution No. 2011-277 was adopted ratifying the
submittal of a TDA Article 3 application to SBCTA for delineation of Class II Bike Lanes along
"G" Street from Inland Center Drive to Rialto Avenue and along Rialto Avenue between "G"
Street and "E" Street; and
WHEREAS, on December 19, 2011, SBCTA awarded a TDA Article 3 Grant to the City
of San Bernardino in the amount of $51,000 to delineate Class II Bike Lanes along "G" Street
from Inland Center Drive to Rialto Avenue and along Rialto Avenue between "G" Street and "E"
Street; and
WHEREAS, delineation of Class II Bike Lanes along "G" Street from Inland Center
Drive to Rialto Avenue and along Rialto Avenue between "G" Street and "E" Street was
completed on May 1, 2019, and a portion of the cost of the project is eligible for reimbursement
from SBCTA; and
WHEREAS, SBCTA requires that claims for TDA Article 3 funds be first authorized by
the Mayor and City Council.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
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Packet Pg. 217 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.01-ATTACH 1 RESO (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
Resolution No. 2019-58
SECTION 2. The submittal of a claim to SBCTA for TDA Article 3 funds for the
bicycle lane extension on G Street and Rialto Avenue in the amount of $35,248.93 per the
attached Exhibit “A” is hereby authorized.
SECTION 3. The City Manager is authorized and directed to sign the claim form,
attached hereto as Exhibit “A”, on behalf of the City.
SECTION 4. The construction work involved in the delineation of Class II Bike Lanes
along "G" Street from Inland Center Drive to Rialto Avenue and along Rialto Avenue between
"G" Street and "E" Street is hereby approved and accepted as of May 1, 2019.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
11.b
Packet Pg. 218 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.01-ATTACH 1 RESO (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
Resolution No. 2019-58
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
11.b
Packet Pg. 219 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.01-ATTACH 1 RESO (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.c
Packet Pg. 220 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.02-Exhibit A (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 221 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 222 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 223 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 224 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 225 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 226 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 227 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 228 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 229 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 230 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 231 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
11.d
Packet Pg. 232 Attachment: PW.BikeLanes.TDA Art 3 Funds Claim.03-Attachment 2 (6066 : Claim to SBCTA for Reimbursement of TDA Article 3 Funds for
12.a
Packet Pg. 233 Attachment: PW.On-Call Traffic Engineering Services-REPORT (6067 : Award of as Needed On-Call Traffic Engineering Consultant Services
No. Firm Location
1 Advantec Consulting Engineers, Inc. Diamond Bar
2 Infrastructure Engineers San Bernardino
3 KOA Corporation Ontario
4 LIN Consulting, Inc. Diamond Bar
5 Transtech Engineers, Inc. San Bernardino
6 Willdan Engineering San Bernardino
Using the approved consultant selection process, the panel determined that the firms of
Advantec Consulting Engineers, Infrastructure Engineers and KOA Corporation
demonstrated the best capability to provide On-Call Traffic Engineering Support to the
City.
Staff recommends that the total amount of the budget for the agreements be set at
$300,000 aggregated. Staff plans to use $225,000 of that amount to design CIP projects.
The balance of $75,000 will be used for non-CIP related traffic engineering that will be
funded by the Council approved general operating budget.
In order to control costs, the firms will be required to submit a fee proposal when
requested to design a CIP project. The fee will be charged against the account number
for the specific CIP projects or the Department’s General Funds for traffic engineering.
The consultants will only be used when the Traffic Engineer determines that in-house
staff is not available or lacks expertise to perform the work. There is no guarantee of a
minimum amount of work to any of the consultants.
The proposed agreements will expire on June 30, 2019, unless earlier terminated.
Subject to the agreement of all parties in writing, the agreements may be administratively
extended by the Director of Public Works or designee for a maximum of one additional
year.
2018-2019 Goals and Objectives
This project is consistent with Goal 4 “Ensure Development of a Well-Planned. Balanced
and Sustainable City” since it will contribute to well-maintained streets for sustained
economic growth.
Fiscal Impact
$75,000 in funding has been included in the Public Works Department’s Proposed FY
2019/20 contractual budget (account #’s: 001-400-0026-5502 and 001-400-0026-5505).
The remaining $225,000 will be charged to various Local Circulation CIP projects
included in the Proposed FY 2019/20 CIP on an as-needed basis. The City’s Proposed
FY 2019/20 Budget and FY 2019/20 Proposed CIP will be presented to the Council in a
future meeting in May.
Conclusion
It is recommended the Mayor and City Council adopt Resolution No. 2019-59, approving
the award of a Consultant Services Agreements with Advantec Consulting Engineers,
4/26/2019 7:38 AM
12.a
Packet Pg. 234 Attachment: PW.On-Call Traffic Engineering Services-REPORT (6067 : Award of as Needed On-Call Traffic Engineering Consultant Services
Infrastructure Engineers and KOA Corporation for as needed on-call traffic engineering
services.
Attachments
Attachment 1 Resolution 2019-59
Attachment 2 Agreement; Exhibit A (Advantec)
Attachment 3 Agreement; Exhibit B (Infrastructure)
Attachment 4 Agreement; Exhibit C (KOA)
Ward: All
9/20/2017 Resolution No. 2017-178 of the City of San Bernardino approving Consultant
Services Agreements with the firms of Minagar & Associates, Inc., Transtech Engineers,
Inc. and Transportation Engineering and Planning, Inc. to provide on-call traffic
engineering services.
4/26/2019 7:38 AM
12.a
Packet Pg. 235 Attachment: PW.On-Call Traffic Engineering Services-REPORT (6067 : Award of as Needed On-Call Traffic Engineering Consultant Services
Resolution No. 2019-59
RESOLUTION NO. 2019-59 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF CONSULTANT SERVICES
AGREEMENTS WITH ADVANTEC CONSULTING
ENGINEERS, INC., INFRASTRUCTURE ENGINEERS AND
KOA CORPORATION FOR AS NEEDED ON-CALL
TRAFFIC ENGINEERING SERVICES
WHEREAS, Advantec Consulting Engineers, Infrastructure Engineers, and KOA
Corporation are competent, experienced traffic engineering firms and have provided the most
advantageous and best proposal for As Needed On-Call Traffic Engineering Services in
accordance with the Consultant Services Agreements, attached hereto and incorporated herein as
Exhibit “A” (ADVANTEC CONSULTING ENGINEERS, INC.), Exhibit “B”
(INFRASTRUCTURE ENGINEERS), and Exhibit “C” (KOA CORPORATIN) in amounts
totaling up to $300,000 in aggregate. Pursuant to this determination, the Purchasing Manager is
hereby authorized and directed to issue Purchase Orders for said services to said firms which
reference this Resolution.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to award
a consulting contract services agreements, to Advantec Consulting Engineers, Infrastructure
Engineers, and KOA Corporation in the amounts totaling up to $300,000.
SECTION 3. All three (3) Agreements shall expire on June 30, 2020, unless earlier
terminated as provided therein. Subject to written approval of the parties involved, each
Agreement may be administratively extended by the Director of Public Works or designee for a
maximum of one (1) additional year.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2019-59
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this day of , 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Resolution No. 2019-59
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-____, adopted at a regular meeting held at the _____ day of ______, 2019
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ADVANTEC CONSULTING ENGINEERS
This Agreement is made and entered into as of ___________ ___, 2019 by and between
the City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower, 290
North D Street, San Bernardino, CA 92401 (“City”), and Advantec Consulting Engineers, a
California Corporation with its principal place of business at 21700 Copley Drive, Suite 350,
Diamond Bar, CA 91765 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES (hereinafter referred to as
“the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a.Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b.In no event shall the total amount paid for services rendered by Consultant
EXHIBIT "A"12.c
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under this Agreement exceed the sum of $100,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant’s services which
have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2020, unless the Agreement is previously terminated as provided for herein
(“Term”) with one (1) year extension at the City’s option. Option one year, if exercised, shall be
effective July 1, 2020 through June 30, 2021.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
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describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c.If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
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until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
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c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i)Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
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(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Keith Rand, PE as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Trish Rhay
Director of Public Works Department
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Advantec Consulting Engineers
21700 Copley Drive, Suite 350
Diamond Bar, CA 91765
Attn: Leo Lee, PE
Chief Executive Officer
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
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authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ADVANTEC CONSULTING ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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STATEMENT OF
QUALIFICATIONS
City of San Bernardino
On-Call Engineering
Services for Traffic
Engineering
Date: February 21, 2019
Submitted by:
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TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................... I
SECTION 1: FIRM QUALIFICATIONS AND EXPERIENCE ......................................................................... 1
1.1 ADVANTEC CONSULTING ENGINEERS ...................................................................................................... 1
1.2 COMPREHENSIVE TEAM EXPERIENCE ...................................................................................................... 1
1.3 PROJECT TEAM QUALIFICATIONS ............................................................................................................. 3
1.4 PROJECT RELATED QUALIFICATION AND EXPERIENCES ........................................................................... 4
1.5 PROJECT SPECIFIC EXPERIENCE ................................................................................................................ 5
SECTION 2: STAFFING AND PROJECT ORGANIZATION ......................................................................... 7
2.1 STAFFING .................................................................................................................................................. 7
SECTION 3: PROJECT UNDERSTADING AND METHODOLOGY ............................................................ 12
3.1 PROJECT UNDERSTANDING .................................................................................................................... 12
3.2 QUALITY ASSURANCE/QUALITY CONTROL PROGRAM ........................................................................... 15
3.3 ITEMS, ACTIONS AND INFORMATION TO BE PROVIDED BY THE CITY .................................................... 15
SECTION 4: PROJECT RELATED EXPERIENCE AND REFERENCES .......................................................... 17
4.1 PROJECT RELATED EXPERIENCE .............................................................................................................. 17
SECTION 5: DRAFT AGREEMENT FOR ON-CALL TRAFFIC ENGINEERING SERVICES .............................. 26
SECTION 6: ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA ........................................................... 26
SECTION 7: SCHEDULE OF FEES ........................................................................................................ 26
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SECTION 1: FIRM QUALIFICATIONS AND EXPERIENCE
1.1 ADVANTEC Consulting Engineers
ADVANTEC Consulting Engineers, a California Corporation, is a DBE/SBE
consulting firm specializing in Traffic Engineering, Traffic Studies,
Transportation Planning and Engineering, Traffic Signal Timing, Coordination
and Operations, Intelligent Transportation Systems (ITS), Active Transportation
and Civil Engineering. ADVANTEC’s mission is to provide quality engineering to
the community that would result in perceptible improvements towards the
quality of life, safety, and efficiency of transportation. Founded in 1998,
ADVANTEC is a professional consulting firm specializing in planning,
engineering and technology services. Our name stands for our focus to capture
ADVANCEMENTS in TECHNOLOGY for the benefits of our clients, thus providing
innovative solutions that meet the needs of our clients and the public they
serve. ADVANTEC has assisted over 110 local municipalities, regional
transportation agencies, and state governments in meeting their transportation
and city engineering needs. We provide these solutions as part of our firm’s specialized areas of practice:
Traffic Engineering, Transportation Engineering, Traffic Studies, Traffic Signal Timing, Coordination and Operations,
Intelligent Transportation Systems, Transportation Planning, Active Transportation, Public Works/Municipal Engineering
This year marks the 21st Anniversary of ADVANTEC, and we have earned a reputation for responsiveness to the clients’ needs.
In the past 21 years, we have a 100% on-time within-budget record on over 600 projects, serving over 120 satisfied clients,
most of which are cities and public agencies such as the City of San Bernardino. We maintain our reputation by upholding our
firm’s high standards of quality, client service, and professional integrity. Our unparalleled expertise has led to ADVANTEC
being the On-Call Traffic Engineering Consultant for more than 20 public agencies including: Caltrans District 8, John Wayne
Airport, Caltrans District 7, Los Angeles County Metropolitan Transportation Authority (MTA), Orange County Transportation
Authority (OCTA), cities of Diamond Bar, Rancho Cucamonga, Pomona, Chino Hills, Irvine, Anaheim, Newport Beach, Mission
Viejo, Yorba Linda, Covina, Glendale, Inglewood, Irwindale, Los Angeles, Downey, Santa Clarita, in addition to Los Angeles
County, the Port of Long Beach, and most
recently the Metropolitan Transportation
Commission (MTC) for the Bay Area. We have
three local offices in Southern California, with
approximately 33 professional engineers and
technical staff, to serve our clients and partners
such as the City of San Bernardino.
1.2 Comprehensive Team Experience
ADVANTEC has an outstanding reputation in the field of traffic engineering. ADVANTEC has provided similar Traffic
Engineering On-Call Services to many agencies in California including cities, counties, and Caltrans. In addition to serving as an
extension of staff to the City of San Bernardino for the preparation of staff reports to the City’s Planning Commission and/o r
City Council, attending meetings to support or on behalf of the City (i.e., meeting with Public Works staff and other City
departments, meetings with project applicants and developers, attend SBCTA and Caltrans meetings, etc.), ADVANTEC also
provides the necessary traffic engineering services to assist the City of San Bernardino on this on -call traffic engineering
contract.
Traffic Engineering Design Services
ADVANTEC has an outstanding reputation in the field of traffic engineering , including the design of traffic signals. Members of
the firm have extensive project experience working directly for municipal, county, state, and federal agencies, as well as
providing consulting services to private clients. ADVANTEC's specific traffic engineering services include:
✓ Signing and Striping
✓ Stage Construction/Traffic Handling
✓ Lighting Systems
✓ Utility Relocation Coordination
✓ Construction Inspection
✓ Traffic Signal Systems
✓ Traffic Signal Communication Systems
✓ Signal Timing and Coordination
✓ Traffic Simulation Modeling
✓ Construction Support
✓ Agency Permitting
✓ Shop Drawings Review
✓ Preparation of Record Drawings
✓ Contract Administration
✓ Shop Drawings Review
Inland Empire
3200 E. Guasti Road,
Suite 100
Ontario CA 91761
Ph: 909.605.9300
Los Angeles County
21700 Copley Drive
Suite 350
Diamond Bar, CA 91765
Ph: 909.860.6222
Orange County
1200 Roosevelt
Irvine, CA 92620
Ph: 949-861-4999
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Traffic Studies
ADVANTEC emphasizes traffic planning and design techniques to satisfy the requirements of a study site's traffic while
minimizing the impact on non-site traffic. This is accomplished by utilizing any or all of the following external study site traffic
analyses:
✓ Before and After Travel Demand
✓ Traffic Impact Analysis & Fees
✓ Intersection LOS Analysis
✓ Traffic Simulation Modeling
✓ Traffic Signal System Evaluation
✓ Circulation Analysis
✓ Parking Analysis
✓ Engineering and Speed Survey
✓ Traffic Signal Communication Master Plan
✓ Traffic Signal Warrants
✓ Lane Storage Analysis
✓ Sight Distance Analysis
Traffic Signal Timing, Coordination and Operations
ADVANTEC strives to improve traffic progression and minimize travel delay to the public. When it comes to signal timing,
coordination and operations we review all critical traffic signal, timing parameters, and detector attributes and settings to
insure optimal and safe traffic signal operation at all project intersections for both coordinated and free operation. Some of
the key traffic signal synchronization elements include:
✓ Signal Timing
✓ Signal Operations
✓ Signal Implementation
✓ Signal Synchronization
✓ Signal Optimization and Fine
Tuning
✓ Before and After Studies
✓ Measurements of Effectiveness
✓ Arterial Level of Service
✓ Greenhouse Gas Emissions
Reporting
✓ Minimum Greens
✓ Pedestrian crossing distance
✓ Pedestrian crossing speed
✓ Yellow times
✓ All-red times
✓ Detection parameters
Intelligent Transportation System Design Services
ADVANTEC has an outstanding reputation in the field of intelligent transportation planning, design and implementation.
Members of the firm have extensive project experience working directly for municipal, county, state, and federal agencies, as
well as providing consulting services to private clients. ADVANTEC's specific traffic engineering services include:
✓ Intelligent Transportation Systems
✓ Traffic Management Centers
✓ System Integration
✓ Traffic Surveillance Systems
✓ Ramp Metering Systems
✓ Dynamic Message Signs
✓ Video Surveillance/Detection Systems
✓ Contract Administration
✓ Construction Management
✓ Construction Inspection
Transportation Planning
ADVANTEC provides complete services for the planning and preliminary engineering design of local roads, streets, arterial
highways, and transportation corridors to public agencies and private developers. ADVANTEC's specific transportation
planning capabilities include:
✓ Preliminary Intersection and
Interchange Design
✓ Route Alignment Studies
✓ Traffic Management Plans (TMPs)
✓ Congestion Management Plans (CMP)
✓ Circulation Elements
✓ Traffic Impact Studies
✓ Detour Route Assessment
✓ Bicycle/Equestrian/Pedestrian
Trail Systems
✓ Preliminary Cost Estimates
✓ Safe-Route to School Master Plans
ADVANTEC has been providing planning, engineering, and construction support to various agencies in southern California for
their implementation of Complete Streets and Active Transportation Programs. We bring our local experts to support
agencies and communities to facilitate the deployment of their complete streets/active transportation projects. ADVANTEC's
specific complete streets and active transportation capabilities include:
✓ Development/Evaluation of
Policies
✓ Development Standards
✓ Analysis and Reporting
✓ Evaluation of Funding Programs
Circulation Elements
✓ Conceptual Plans
✓ Development of Final Plans
✓ Construction Management and
Inspection
✓ Community Outreach
✓ Road Safety Audits
ADVANTEC has been providing professional engineering services to many transit agencies throughout southern California.
ADVANTEC’s specific transit services capabilities include:
✓ Program Management
✓ Community Outreach
✓ Planning and Design of Bus Rapid Transit
(BRT) Systems
✓ Bus Stop Design and Placement
Guidelines
✓ Bus Stop Evaluation and
Improvement Plan
✓ Ridership Analysis
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Studies/Reporting
Having designed Safe Routes to School Improvements for a variety of communities, the ADVANTEC team is experienced in
evaluating solutions for projects of this nature. ADVANTEC recognizes the need to understand and address the issues and
concerns of residents, while delivering a solution within the budget and schedule parameters required by the City. ADVANTEC
has provided the following services on various Safe Routes to School projects throughout California:
✓ Community Outreach
✓ Community Workshop Meetings
✓ Site Review and Inventory
✓ Crash Data and Safety Analysis
✓ Vehicle, Bicyclist, Pedestrian and Parking
Data Collection
✓ Traffic, Parking, and Circulation Analysis
✓ Trips Analysis
✓ Physical and Operational
✓ Development of Plans
✓ Draft and Final Report
✓ Traffic Recommendations
Transportation, Municipal and Civil Engineering
ADVANTEC’s transportation, municipal and civil engineering team has an outstanding reputation for providing our clients with
complete, thorough, and constructible designs. Our senior engineers are on the leading edge of roadway design, and bring
recent experience with complete streets, active transportation, sustainable solut ions, and road diets. Our experience includes
work on:
✓ Freeway/Interchange
Design
✓ Project Study Reports, Project Reports,
Fact Sheets and FNM-76
✓ Storm drain and Drainage Design
✓ Grade Separation and Railroad Grade
Crossing
✓ Roadway Safety Audit
✓ Value Engineering
✓ Bicycle and Pedestrian
Facilities
✓ Transit facilities
✓ Intersection Improvements
✓ Complete Streets
✓ Active Transportation
✓ Arterial Highway Design
✓ Pavement Rehabilitation
✓ Site Development
✓ ADA Ramp and Sidewalk
Obstruction Retrofit
Other Professional Services
ADVANTEC has extensive experience providing other professional services to our public and private clients as part of small
and large-scale project delivery, including:
✓ Project Coordination ✓ Program Management
✓ CADD and REVIT Cad Services
✓ Grant Application Services
✓ Renderings
✓ Regional ITS Architecture Master Plans
✓ 2-D and 3-D Simulations
✓ Plan Check Services
✓ Traffic / Transportation
Studies Review
✓ Plan Checking Review
✓ Utility Notification and
Coordination
✓ Project Management
✓ Staff Augmentation
✓ City liaison
1.3 Project Team Qualifications
ADVANTEC brings a group of highly specialized personnel with a defined work history on previous similar projects. Our expert
team is committed to the City of San Bernardino success and will provide the appropriate technical expertise as required by
the City. The proposed key team members are intended to serve in their respective roles throughout the duration of the
agreement. ADVANTEC has proposed a local team comprised of pr ofessionals from our Irvine and Diamond Bar offices. Our
team members are experienced in delivering successful task orders on similar contracts, familiar with City of San Bernardino
roadways, traffic signals and signal communication system, and knowledgeable about the community.
SUBCONSULTANTS
ADVANTEC has teamed up with MNS Engineers, Inc. with ample experience and resources to support us on traffic and parking
data collection, speed surveys, travel time studies, and other traffic related task orders that may come up during the contra ct.
Established in 1962, MNS Engineers, Inc. (MNS) is a C-Corporation that provides quality
infrastructure consulting services to the transportation, water resources, and government
service markets throughout California. Specializing in the core services of civil engineering,
construction management, and land surveying, MNS' reputation has been built on clear and direct communication and quality
services. They understand the technical, environmental, and regulatory aspects that are required for this on -call contract.
They are experienced and knowledgeable with permitting and multi-agency coordination. Their experienced licensed civil
engineers and technical support staff are available for the City’s project needs. Their engineers have vast experience in
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transportation, water resource, and public site improvemen t projects. They utilize the latest computer-aided design and
drafting (CADD) equipment and technologies to prepare plans, specifications, and estimates (PS&Es). Their engineering and
technical teams stay current with material and construction method developments, and public agency specification and code
requirements.
1.4 Project Related Qualification and Experiences
Mobilizing appropriate staff quickly is essential to smooth commencement and progression of the various tasks that will be
assigned under the On-Call Traffic Engineering Services for the City of San Bernardino. This requires a balanced management
and technical approach that emphasizes streamlined communication and quality control. As a partner to the City, the
ADVANTEC Team will commit to the delivery of each assigned Task Order within time and budget. We recognize City staff has
high expectations for capability and performance. In assembling our team, ADVANTEC has delivered on those expectations by
forming a team with the following attributes:
▪ Proven Expertise in Consulting Engineering Services – ADVANTEC has performed over 200 engineering projects that
required evaluation of multi -modal facilities including pedestrians, bicyclists, vehicles, and transit. Some of these projects
required community and stakeholders’ meetings.
▪ Familiarity with On-Call Consulting Engineering services with public agencies – ADVANTEC has been the On-Call Civil and
Traffic Engineering Consultant for more than 20 public agencies including the Riverside County Transportation Department
(RCTD), Caltrans District 8, Cities of Los Angeles, Anaheim, Covina, Irvine, Glendale, Pomona, Rancho Cucamonga,
Inglewood, Irwindale, Yorba Linda, Newport Beach, Laguna Beach, Palm Desert, Rancho Mirage, Mission Viejo, Diamond
Bar, Downey, and Santa Clarita, in addition to the County of Los Angeles, Port of Long Beach, John Wayne Airport, Caltrans
District 7, Los Angeles county Metropolitan Transportation Authority (MTA), Orange County Transportation Authority
(OCTA), and most recently, the City of Huntington Beach.
▪ Successful strategies to deliver on-call traffic engineering services – ADVANTEC implements successful strategies to deliver
projects and task orders on an as-need basis. It begins with a responsive project manager that proactively communicates
with the City throughout the life of the contract and will respond to inquiries within 24 hours and will be available as
needed. Our quality assurance and quality control program will provide quality products and build the confidence needed
from the City to use ADVANTEC on a wide range of projects. Our quality products will minimize City staff review time and
maximize efficiency, reducing overall project schedules. Finally, we have the local expertise and staffing required to meet
the needs of this on-call contract and provide other support services.
▪ Visionary planning and implementation of “Multi-Modal, Complete Streets, Green
Street, Sustainable” improvements – ADVANTEC has the “Multi-Modal, Complete
Streets, Green Street, Sustainable” mentality when it comes to improving the
environment, safety and mobility to all users including motorists, bicyclists, transit
operators and users, and pedestrians of all ages and abilities. Our approach to
implementing the “Multi-Modal, Complete Streets, Green Street, Sustainable” concept
begins at the inception of a proposed project and follows throughout the life of a project
making sure all users are routinely considered during the planning, designing, building
and operations of all traffic and transportation planning and engineering improvements.
▪ Successful completion of capital improvement projects – ADVANTEC has been
successful on understanding and delivering various capital improvement projects from
simple to complex improvements; ranging from public involvement to meeting extraordinary stakeho lders needs while
staying on schedule and within budget. It begins with our project management approach and project improvement
considerations, such as: complete streets enhancements, traffic studies and analysis, roadway geometrics, roadway cross
slopes, hydrology, sustainable site improvements, landscape architecture, ADA considerations, storm drain, catch basins,
water, sewer, construction staging, traffic control and detours, traffic signal, communications and intelligent transportatio n
systems, traffic signal timing and coordination, street and pedestrian lighting system, roadway signage and striping.
▪ Strong Project Director, Project Manager and Task Leaders with years of hands -on engineering experience – Our Project
Director, Project Manager, Task Leaders, and Senior Project Engineers have combined over 250 years of combined
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experience providing traffic engineering services for many clients on small and large-scale transportation projects in
southern California.
1.5 Project Specific Experience
We have prepared the following matrix outlining similar current projects and recently completed projects and their associated
elements of work. More relevant project experiences are available in Section 4.
PROVEN EXPERIENCE FOR EVERY
MAJOR MUNICIPAL TRAFFIC
ENGINEERING NEEDS Grant Applications Transportation / Traffic Studies Conceptual / Preliminary Design Street Improvements ITS Planning/ Design Signing /Striping Improvements Traffic Signal Improvements Stage Construction / Traffic Handling Traffic Signal Timing & Synchronization On-Call Engineering Services Staff Augmentation Construction Support Los Angeles County On-Call Traffic
Engineering Services • • • • • • • •
City of Anaheim On-Call Traffic
Engineering Services • • • • • • • • • • •
City of Diamond Bar On-Call Traffic
Engineering Services • • • • • • • • •
OCTA Traffic Engineering Services • • • • • • • • •
City of Pomona On-Call Traffic
Engineering Services • • • • • • • • •
City of Irvine On-Call Traffic
Engineering Services • • • • • • • • •
City of Rancho Mirage On-Call Traffic
Engineering Services • • • • • • • •
City of Claremont On-Call Traffic
Engineering Services • • • • • • • • • •
Caltrans District 8 On-Call Traffic
Engineering Services • • • • • • • • • •
City of Ontario On-Call Traffic
Engineering Services • • • • • •
City of Rancho Cucamonga On-Call
Traffic Engineering Services • • • • • •
City of Newport Beach On-Call Traffic
Engineering Services • • • • • • • • •
Coachella Valley Association of
Governments Region-wide Traffic
Signal Synchronization
• • • • • • •
City of Seal Beach Traffic
Management Center and ITS
Infrastructure Upgrade
• • • • • •
City of La Quinta Citywide HSIP Signal
Interconnect (Fiber Optic)
Improvements
• •
•
City of Coachella 5 New Signals
Project (TS, SS, Communications,
Roadway, and Signal Timing)
• • • • • •
City of Diamond Bar Safe-Route-to-
School Program • •
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PROVEN EXPERIENCE FOR EVERY
MAJOR MUNICIPAL TRAFFIC
ENGINEERING NEEDS Grant Applications Transportation / Traffic Studies Conceptual / Preliminary Design Street Improvements ITS Planning/ Design Signing /Striping Improvements Traffic Signal Improvements Stage Construction / Traffic Handling Traffic Signal Timing & Synchronization On-Call Engineering Services Staff Augmentation Construction Support City of Anaheim Bicycle Facilities
Design Services • • • •
City of Covina Class II Bicycle Facilities
Design Services • • •
City of Covina Metrolink Station
Parking/Pedestrian/Bicycle Access
Study
• • •
•
County of Los Angeles Sierra Highway
Road Safety Study • •
City of Palm Desert Traffic Signal
Mods, SIC & Fire Station Warning
System Project
• • • •
City of Seal Beach LA Fitness TIA
Review •
City of Anaheim Staff Augmentation
Services • • • • • •
Cities of Ontario and Yucaipa MSRC
Grant Applications • • •
Cities of Culver City, Downey,
Industry, and Inglewood Metro Call
for Projects Grant Applications 2009 –
2015
• • •
City of Riverside Beyond Traffic: Smart
City Challenge Grant Application • • •
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SECTION 2: STAFFING AND PROJECT ORGANIZATION
2.1 Staffing
Our expert team is committed to the City o f San Bernardino success and will provide the appropriate technical expertise as
required by the City of San Bernardino. ADVANTEC’s proposed project team is committed to providing responsive service to
the City of San Bernardino. The proposed key team members are intended to serve in their respective roles throughout the
duration of the agreement. ADVANTEC has proposed a local team comprised of professionals with over 250 years of
combined experience. Our team members are experienced in delivering successful task orders on similar contracts, familiar
with City of San Bernardino roadways, traffic signals and signal communication system, and knowledgeable about the
community.
KEY PERSONNEL
ADVANTEC recognizes that the successful delivery of a high quality as-needed services for traffic engineering and public
works projects starts with assigning a Project Manager that possesses superior technical, management and leadership skills.
Mr. Keith Rand, PE, TE will serve as Project Manager, leading our team and functioning as primary point of contact to the
City. His recent and relevant 25 years of project experience consists of providing similar On -Call Traffic Engineering Services
on various traffic engineering task orders to Caltrans District 8, the City of Anaheim, and the City of Pomona. Additionally,
he served as the Maintenance of Traffic (MOT) design lead on the SR-91 CIP Design Build Project where close coordination
occurred with City of San Bernardino staff during the design and construction activities. Mr. Rand’s additional areas of
expertise include the preparation of plans, specifications and estimates for traffic signal, ITS, signing/striping, overhead
signs, lighting, and traffic control designs. He also possesses specialized expertise in traffic operations and safety evaluation,
and recently completed the I -15 Express Lanes Design Build Project.
Our Chief Operations Officer/Principal, Mr. Carlos Ortiz, PE, TE, PTOE will serve as Project Director . Mr. Ortiz has also
served as Project Manager on many high profile projects and On-call Traffic Engineering services for several agencies, and
brings his record of success and experience to the City of San Bernardino. Mr. Ortiz is a renowned ITS expert both nationally
and locally in southern California. During his 30 years of experience, Mr. Ortiz has served as the lead Project
Manager/Traffic Engineer for major ITS projects in California and other states.
Mr. Tracy Moriya, Mr. Ed Miller, PE, TE, and Mr. Jose Guedes, TE will se rve as Task Leaders for the multiple On-Call Traffic
Engineering Services indicated in the RFP. Each of our Task Leaders brings from 19 to 35 years of traffic and transportation
planning/engineering, ITS planning/engineering, public works engineering and p roject management experience on similar
On-Call Contracts. ADVANTEC’s project staff meets all the technical engineering and planning needs of the City of San
Bernardino for this Traffic Engineering On-Call.
Figure 2.1 illustrates the proposed organizational structure of our project team. All staff members proposed are without
long-range commitments that would interfere with the timely completion of potential tasks. Our Key Personnel will be
available for the duration of this contract and they will not be removed or replaced without a prior written concurrence
from the City of San Bernardino.
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Figure 2.1 – Organization Chart
Full resumes of Key Personnel and Task Leaders are provided in the Appendix.
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KEY PERSONNEL BIOS
PROJECT DIRECTOR: Carlos Ortiz, PE, TE, PTOE
Mr. Carlos Ortiz, PE, TE, PTOE has extensive experience
managing Traffic Engineering and Intelligent
Transportation System (ITS) projects for numerous
agencies throughout California. He has worked on many
complex projects and has the ability to resolve problems
quickly and efficiently by drawing on his 30 years of
experience, exclusively in the field of ITS and traffic
engineering. Mr. Ortiz's professional experience includes
planning, design, and construction support of intelligent
transportation systems, including traffic signals, traffic signal communication systems
(twisted pair, fiber optic, wireless), ramp metering systems, traffic monitoring
systems, dynamic message sign systems, video detection systems, closed circuit
television (CCTV) systems, arterial travel management systems, and traffic
management centers. Mr. Ortiz is experienced in intelligent transportation systems
master plans, ITS technical studies, communication networks and topologies, and
signal timing and synchronization. Mr. Ortiz has also managed intelligent
transportation systems aspects of Bus Rapid Transit (BRT) Projects. Through his
current projects, Mr. Ortiz is assisting agencies to understand the Connected Vehicles
and Autonomous Vehicles markets, so they can make better decisions on current and future ITS deployments. Mr. Ortiz
is a member of the Board and Institute of Transportation Engineers (ITE) International. Mr. Ortiz also serves on the
Board at ITS California.
RELEVANT EXPERIENCE
▪ On-Call Traffic Engineering Services (San Bernardino, CA)
▪ On-Call Traffic Engineering Services (Anaheim, CA)
▪ Caltrans District 8 On-Call Traffic (San Bernardino, CA)
▪ Engineering/Traffic Management Services (Menifee,
CA)
▪ CVAG Regional Traffic Signal Synchronization and ITS
Program (Coachella Valley, Riverside County, CA)
▪ Avery Parkway Road Diet (Mission Viejo, CA)
PROJECT MANAGER and Task Leader: Keith Rand, PE, TE
Mr. Keith Rand, PE, TE is the Director of Operations with
ADVANTEC’s Diamond Bar office. Mr. Rand brings more
than 25 years of specific technical experience and
expertise in the areas of design build implementation,
traffic and transportation engineering and planning,
Intelligent Transportation Systems (ITS) planning and
design, traffic signal design, and engineering design. His
broad based experience in traffic and transportation
engineering provides a solid foundation for both large
scale and site specific transportation projects. He is creative and detail-oriented with a
record of success in project management, on-time and on-budget project delivery, and
has a proven ability to foster strong positive client relations. His recent and relevant
project experience consists of providing the County of Riverside with On-Call Traffic
Engineering Services on various traffic engineering task orders. Additional areas of expertise include the preparation of
plans, specifications and estimates for traffic signal, ITS, signing/striping, overhead signs, lighting, and traffic control
designs. Mr. Rand also has specialized expertise in traffic operations and safety evaluation.
RELEVANT EXPERIENCE
▪ County of Riverside On-Call Traffic Engineering
▪ Caltrans District 8 On-Call (San Bernardino / Riverside
Counties)
▪ Caltrans District 11 On-Call Traffic Design (San Diego)
▪ Caltrans District 7 On-Call (Los Angeles)
▪ OCTA TLSP Projects (Orange County)
▪ I-15 Express Lanes Design Build (Riverside County)
▪ Hamner Bridge Replacement Project (Norco)
Years of Experience: 25
Registration:
Civil Engineer, CA, C69090
Traffic Engineer, CA, TR2103
Education:
B.S. Civil Engineering
Professional Affiliations:
Past President, Orange
County Traffic Engineering
Council (OCTEC)
AVAILABILITY: 75%
Years of Experience: 30
Registration:
Civil Engineer, CA, C057535
Traffic Engineer, CA, 2025
Professional Traffic
Operations Engineer, US,
426
Education:
B.S. Civil Engineering
Professional Affiliations:
Board Member, ITS
California
Partnership Chair,
Board Member, Institute
of Transportation
Engineers, International
AVAILABILITY: 30%
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QA/QC MANAGER & TASK LEADER – Traffic
Engineering Design; Plan Checking & Staff
Reports: Tracy Moriya
Tracy Moriya brings over 31 years of experience in
management and design of traffic engineering and
transportation projects. His professional experience includes design of transportation
systems, traffic signals, traffic signal communication systems (twisted pair, fiber optic,
wireless), guardrail design, CCTV video communication design, roadway and highway
lighting, traffic signal system design, signing and striping, stage construction/handling,
traffic control. He is an expert in developing design plans, as well as municipal engineering for traffic signal systems,
fiber optic interconnect, traffic control, signing and striping projects, street lighting design street lighting design
projects. Through his career, he has been involved in over 700 traffic signal design and coordinatio n projects, ranging
from minor modification of controller upgrades to installations /modifications of corridors with over 60 intersections.
RELEVANT EXPERIENCE
▪ On-Call Traffic Engineering (Irvine, CA)
▪ On-Call Traffic Engineering (Diamond Bar, CA)
▪ RCTD On-Call Traffic Engineering Services (Riverside)
Anaheim On-Call Traffic Engineering (Anaheim, CA)
▪ Safe Route to School Program (Diamond Bar, CA)
▪ Pacific Avenue / Long Beach Boulevard Traffic Signal
Synchronization Project (TSSP) and Signing/Striping
(County of Los Angeles, CA)
TASK LEADER – Traffic Studies & Analyses; Traffic
Recommendations, Resolutions & Mitigations:
Edward Miller, Jr., PE, TE
Mr. Miller is a Principal for ADVANTEC and in this role
oversees the civil and traffic engineering team leaders in
the firm. He has over 36 years of civil and
traffic/transportation engineering and project
management experience on Caltrans, freeway, arterial
highway, and local agency projects and public
transportation funding measures throughout Southern California. Mr. Miller is a
Committee Member of California Board of Professional Engineers, responsible for the
preparation and scoring of California Supplemental Civil & Traffic Engineer Exams.
RELEVANT EXPERIENCE
▪ Outlets at Tejon Ranch TIA Study (Lebec, CA)
▪ Pacific Avenue Pavement Rehab (Long Beach, CA)
Arterial Highway Constructability Review (Anaheim, CA)
▪ Sierra Hwy Road Safety Audit (LA County, CA)
▪ On-Call Civil Engineering Services (Long Beach, CA)
Caltrans District 8 On-Call Civil Engineering Services
(Riverside/San Bernardino Counties, CA)
TASK LEADER – Traffic Operations Programs: Jose
Guedes, TE
Mr. Guedes has over 29 years of experience in intelligent
transportation systems, traffic operations and traffic
engineering, including 20 years conducting and managing
traffic signal synchronization and ITS projects. Jose
prepared an Evaluation Study to assist the City of Lancaster
in selecting an ATCS, and to analyze the cost-effectiveness
of deploying an ATCS at selected corridors. Jose also
developed functional specifications, Concept of Operations and System Requirements,
and assisted in preparation of request for proposal for Culver City’s Adaptive Traffic
Control System in 2016. Mr. Guedes has also managed the traffic signal operations at
the City of Irvine for 12 years prior to joining ADVANTEC. He has managed 10 regional
signal synchronization projects for OCTA. Also, he has successfully fine -tuned and
implemented 691 intersections for SANBAG Tier 3&4 Project. His operational experience proves to be useful in assisting
cities to implement suitable signal systems and ITS infrastructure.
Years of Experience: 31
Education:
B.S., Mathematics
AVAILABILITY: 80%
Years of Experience: 36
Registration:
Civil Engineering, CA, 47615
Traffic Engineer, CA, 1861
Education:
B.S., Civil Engineering
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
AVAILABILITY: 75%
Years of Experience: 29
Registration:
Traffic Engineer, CA, 1861
Education:
B.S., Civil Engineering
M.S., Transportation
Engineering
Professional Affiliations:
Institute of
Transportation Engineers
(ITE)
AVAILABILITY: 75%
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RELEVANT EXPERIENCE
▪ Seal Beach Blvd TMC & ITS Improvements (Seal
Beach, CA)
▪ Traffic Engineering Services (Chino Hills, CA)
▪ SANBAG Tier 3&4 Traffic Signal Synchronization
▪ Citywide Traffic Signal Coordination and Retiming
(Lancaster, CA)
▪ Fairview Rd Traffic Signal Synchronization (Costa Mesa, CA)
▪ Adaptive Traffic Control System Evaluation Study (Lancaster ,
CA)
SUBCONSULTANT (KEY SUPPORT): Sheilah Neff
Ms. Neff has over 35 years of experience in the civil
engineering industry specializing in transportation
engineering design. Prior to MNS, Sheilah worked for
Caltrans District 8 where she served in various roles
ranging from engineering design, construction
management and contract administration, and program
and project management. She began her career with
Caltrans District 7 as Assistant Resident Engineer/Roadway Inspector for a highway
improvement project. Her extensive experience involves hundreds of design pro jects ranging from stormwater channel
improvements to large-scale highway/roadway improvements.
RELEVANT EXPERIENCE
▪ Caltrans District 8 (Corona, Fontana, and San
Bernardino, CA)
o Oversite Engineer, I-10 Design-Build Project
o Independent Quality Assurance Engineer, SR91
Design-Build Project
o Construction Manager/Contract Admin
o District Design Office Engineer
o Traffic Design Engineer
o Contract Manager & Project Manager/Assist
Project Manager
Years of Experience: 35
Education:
BS, Civil Engineering,
California State University,
Long Beach, CA 1994
AVAILABILITY: 75%
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SECTION 3: PROJECT UNDERSTADING AND METHODOLOGY
3.1 Project Understanding
The City of San Bernardino intends to contract with qualified firm(s) to provide comprehensive Professional Traffic
Engineering On-Call Services for a contract term. It is anticipated that under the On-Call Professional Traffic Engineering
Services contract, ADVANTEC will provide support to the Traffic Engineering Section within the City of San Bernardino Public
Works Department and provide services including, but not limited to the following items listed below.
✓ Prepare, plan, supervise and coordinate traffic engineering studies, designs, and surveys; plan and coordinate
traffic operational programs within the City.
✓ Prepare intersection design plans, including design of traffic signals.
✓ Prepare staff reports to the City’s Planning Commission and/or City Council.
✓ Meet with Public Works staff and other City departments as needed.
✓ Meet with project applicants and developers as determined by the City Engineer.
✓ Attend Development/Environmental Review Committee, Planning Commission, and/or Council m eetings as
needed.
✓ Attend SBCTA and Caltrans meetings on behalf of the City, as requested.
✓ Review and comment on plans and studies prepared by other consultants.
✓ Determine the need for and type of traffic controls; recommend traffic ordinances and resoluti ons; recommend
traffic impact mitigation.
✓ Other similar duties.
The ADVANTEC Team includes senior licensed Civil and Traffic Engineers that have experience providing civil engineering
and traffic engineering services as defined under the services indicated above.
3.1.1 Project Methodology
ADVANTEC’s approach to engineering
projects is based on years of project
experience completing planning and
design projects for public agencies
across California. Through this
experience we have developed a
logical, efficient approach that blends
basic principles of civil engineering with
our fresh, creative thought process.
Figure 5.1 illustrates our process once a
task order is requested. One key
element to our success is
communication with the City’s Project
Manager from task order beginning to
end to make sure that the City stays
current on design issues. We
understand the importance of
responding quickly so that accurate
decisions can be made. Recognizing
that each project will develop its own challenges
and unique tasks based on location, and that the breadth of study area and design issues will vary from project to project,
we generally follow a similar approach when initiating a project task:
Understand the City’s Goals: In order to be successful on any project, it is vital that the Project Manager and Task Leaders
understand the final product. We will meet with City staff to learn what the important issues are on each task order. We
will understand the budget, schedule, and scope of work before planning the project so that we
can begin to formulate a detailed scope of work and identify critical path issues.
Prepare a Detailed Work Plan: We will define all project tasks, their relationship with one another,
and their associated time frame for completion. We will develop a list of needs so that we can
Figure 3.1 – Process for Managing Task Order Requests
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identify specialized expertise that may be required to maintain schedule and complete tasks. Budgets will be established
for each task to ensure that the project team stays on track. We will provide City staff with a detailed Project Schedule. In
addition, we will provide the City with our Project Management Plan, Quality Control/Quality Assurance Plan, and Resource
Plan.
Project Execution: Following notice to proceed, we will coordinate resources, oversee the completion of technical tasks,
and keep the project team and stakeholders informed of the project’s status and any new findings. Our Project Manager
will continuously monitor the project’s progress, budget and schedule to identi fy areas requiring attention. Phone
conferences will be held with the City’s project manager and key stakeholders regularly to identify issues early and keep
everyone informed of the project’s status. ADVANTEC uses various project management tools that wil l give all team
members and City staff access to archived deliverables, milestone schedules, to -do lists, and a history of project
communications — further fostering a collaborative working environment. Sharefile/Drop Box internet tools can be set up
to facilitate sharing of files between City and ADVANTEC.
Final Project Delivery and Closeout: As each project comes to a close, Mr. Rand will confirm that all final deliverables have
been provided. These include all digital files and hard copies in the City’s preferred format. Final invoices will be processed
quickly to facilitate contract administration.
Experience Working with Concurrent Task Assignments: ADVANTEC takes great pride in our long-standing history of
providing both as-needed and extension of staff services for public sector clients. Our staff is accustomed to meeting
demanding project schedules by pooling our resources from skilled staff throughout the region, when necessary, to ensure
our clients are provided the highest quality of service and on-time performance.
3.1.2 Innovative Approaches and Solutions to Similar Projects
Below are some of our innovative approaches and solutions that can be provided under this Contract. ADVANTEC will
present similar work plans to the City of San Bernardino for each task that will be assigned under this Contract.
TRAFFIC ENGINEERING work plan – ADVANTEC will provide traffic engineering services and will assist in the review,
analysis, and preparation of traffic engineering reports and design plans. As part of this task, ADVANTEC will provide the
following services under this task: preparation of traffic control plans, specifications and bid documents using the latest
guides and manuals (e.g., CA MUTCD, City of San Bernardino Standards, Caltrans, W.A.T.C.H., etc.), conduct traffic
surveys and data collection to perform traffic studies and analysis including system performance and traffic
management; provide design of traffic signal timing, optimization and traffic control plans, as well as ITS, signs and othe r
traffic control device plans; review and comment on the impact of developments, including traffic impact studies;
evaluate roadway / intersection geometrics, delineation and operations; evaluate parking and multi -modal operations;
Identify and make recommendations on traffic safety; geometric and channelization designs; review design plans
developed in conjunction with private developments; and act as City liaison in coordination with outside agencies . Our
general work plan for these tasks consist of:
ADVANTEC will collect all necessary documents from the City and other agencies, including traffic data, accident data,
reports, and improvement plans in order to review, analyze, and provide recommendations and to ensure the safe
and efficient operation of the transportation system in the City of San Bernardino ADVANTEC will generate a variety of
traffic engineering studies, to analyze and document projects at various stages of development. ADVANTEC will utilize
Caltrans, City of San Bernardino design standards, California Manual on Uniform Traffic Control Devices (CA MUTCD),
Institute of Transportation Engineers (ITE), Urban Land Institute, California Vehicle Code and industry policies and
standards for the evaluation and analysis of intersection and roadwa y
systems.
ADVANTEC will perform an in-depth field analysis to verify record
information including existing roadway lane geometrics, intersection
control, signal phasing, and signing/striping. ADVANTEC will maintain a
photo log of the project. Key technical issues will be identified after the
field review has been conducted.
ADVANTEC will provide traffic engineering studies, which summarizes:
the existing and proposed conditions, references requirements and
assumptions, intersection, roadway, and circulation analysis, and
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recommendations. Supporting technical data and graphical illustrations will be included in the reports. ADVANTEC
has the experience to provide the City with different types of traffic engineering analysis and reports; including
accident analysis, delay analysis, lane storage capacity, roadway and intersection level-of-service, vehicle and
pedestrian circulation analysis, traffic impact analysis, before and after travel demand, engineering and speed survey,
sight distance analysis, and queuing analysis.
ADVANTEC will prepare geometric and channelization plans as requested by the city. ADVANTEC will show existing
and proposed conditions on the plans. Constraint areas will be provided to the city along with design
recommendations. ADVANTEC will prepare final PS&E for each assigned project. ADVANTEC will provide PS&E
submittals at 30% (conceptual), 95%, and 100% completion.
ADVANTEC will provide third party review of traffic engineering studies, design plans, technical specifications, and
engineer’s estimates prepared by others to assure consistency with the City’s General Plan elements, compliance with
local and regional mandates and compatibility with other proposed developments and improvements. If required,
ADVANTEC will prepare grant applications. ADVANTEC will work directly with the City staff to provide all the
information required to be included with each specific application. ADVANTEC will work with the City to obtain vehicle
and pedestrian traffic data, accident data and additional information that will be required in order to prepare each
specific grant application.
PUBLIC MEETINGS work plan
Our project manager, task leaders, and designated staff will be available to meet with Public Works staff and other City
departments, meet with public applicants and developers, attend Development/Environmental review committees,
planning commissions and or Council meetings, attend San Bernardino County Transportation Authority (SBCTA) and
Caltrans meetings, on behalf of the City requested by the City Traffic Engineer.
3.1.3 Project Innovations
The ADVANTEC Team understands that every project is unique and may have different constraints and/or issues. Our senior
ITS engineers proud themselves by bringing innovative solutions to our clients that meet the projects’ goals and objectives;
and at the same time, it will provide project enhancement, community acceptance, and meets the projects’ budgets and
schedules. We have brought these types of innovative solutions to the following projects shown in Table 3.1.
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Table 3.1 – Innovative Project Solutions
Coachella Valley Association of Governments (CVAG) Regional
Traffic Signal Synchronization Project
▪ Regional Traffic Signal and Communication Master Plan
▪ Provide planning/design for connected vehicles, autonomous
vehicles, big data, integrated corridor management (ICM), and
Smart Cities initiatives throughout the region
▪ Planning/design for 1st Regional TMC and connectivity to 9
local cities, Caltrans D8, & County TMCs
▪ Creation of 1st local Transportation Systems Management and
Operations (TSM&O) Committee for regional operations
Culver City CCTV System Gap Closure Project
▪ Added 14 new CCTV camera systems locations due to value
engineering
▪ Provided a technology assessment and vendor presentations to
select a preferred CCTV and video management system prior to bid
▪ Prepared justification letter for the additional cameras & preferred
system to funding source (Metro) – Approved first submittal
▪ Selected new HD IP CCTV cameras with analytics
▪ Updated communication network topology and provide redundancy
OCTA Magnolia Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications
infrastructure within 6 cities along the corridor
▪ Build consensus on cycle length with cities. Maintain cross
street major arterials signal parameters while synchronizing
the corridor
Connection of radio antenna onto 170 controllers bypassing the
Ethernet switch in Huntington Beach
City of San Clemente Traffic Signal Synchronization Project
▪ Designed Ethernet over copper and fiber optic network along 4
corridors, including innovative use of Ethernet Radio
communications through a hilltop transceiver to communicate back
to the City Hall
▪ Assisted city staff to evaluate, select, and implement the Intelight
Maxview Traffic Signal System and ATC controllers with Maxtime
firmware. This is the state-of-the-art web based traffic signal system
Fairview Road Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications
infrastructure within cities of Costa Mesa and Santa Ana, and
Implemented signal timings in MIST systems in both cities
▪ Provided fiber optic cable to Caltrans hub to allow video
streaming of CCTV images of city cameras to Caltrans TMC
▪ Implemented Bluetooth travel time equipment for Santa Ana
Developed special event signal timing plans for Orange County
Fair
OCTA Yorba Linda Traffic Signal Synchronization Project
▪ Design-build of traffic signal and communications infrastructure for
cities of Fullerton, Placentia, Yorba Linda and Anaheim
▪ Implemented ACS Lite Adaptive Traffic Signal System
▪ Configured detection input and re-wired cabinets for ACS Lite
operations
Signal timing addressed special geometric configuration such as dogleg
intersections
3.2 Quality Assurance/Quality Control Program
The ADVANTEC Team’s Quality Assurance / Quality Control Program is a continuous process used not just at project
milestones, but also on a daily basis as work flows from desk to desk, discipline to discipline and consultant to client. Ou r
project manager and task leaders, along with our Senior Advisor/Quality Assurance & Quality Control manager , will oversee
the staff on a daily basis. We will identify key contacts for ease of inquiries regarding project status. Mr. Keith Rand will
manage and implement our QA/QC plan; no deliverable will be submitted without going through our QA/QC review. He has
served in this role for multiple-discipline projects and is an expert in specification requirements such as those needed for
federally funded projects. A sampling of these policies and procedures is identified below.
3.3 Items, Actions and Information to be Provided by the City
Items, actions and information are expected to be provided by the City of San Bernardino as part of this project.
• To be determined based on various task orders assigned during the course of the contract
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Policy Approach
Defined roles and responsibilities of key
staff
Specify individual responsibilities for each of the positions in the QA/QC organization
structure; QA/QC training for all project staff hold overall team QA/QC kick off meeting to
review QA/QC plan and expectations.
Dissemination and retention of pertinent
reference information
Establish process for flow of project documentation to key staff and document control
procedures (e.g., scope of work, invoice/progress reporting, meeting minutes/action
items, deliverables, etc.)
Expectations of internal/external Project
Team and design interface meetings Develop consistent meeting minutes, action item tracking, and issue resolution log format.
Expectations for regular “over the shoulder”
reviews by Discipline/Task Manager
Define protocols for continuous review process during plan/document preparation to
ensure multiple discipline involvement.
Inter-disciplinary coordination and shared
work elements
Establish weekly or biweekly design meetings (e.g., survey, roadway, stage construction).
Inter-disciplinary exchange of plans prior to milestone submittals for joint review ensuring
plan and work consistency
Milestone checking of calculations, reports
and plans
Assign qualified, experienced independent review staff.
Perform checking, revisions and back checking in a coordinated manner considering
standards, project scope, technical accuracy, format, presentation and previous review
comments
Constructability and biddability review
Perform overall constructability review with experienced construction management
personnel considering biddability and buildability.
Cross check utility systems against underground features (e.g., storm drain, footings, etc.)
Cross check all pay items with plans, specifications and quantity estimates.
Quality Control Review Checklists Require all design disciplines to implement pertinent checklists in the preparation of
project PS&E
Based on our Quality Assurance / Quality Control Program and before any project deliverable is provided for review to a
Client, it must initially pass our internal quality review process as shown in the flowchart below, which consists of a series of
separate reviews to ensure a product is free of mistakes before being submitted. Following review, the agency’s comments
are addressed and the process is repeated. ADVANTEC’s Quality Assurance process is led and orchestrated by the Project
Manager with all project personnel participating directly in the process as independent reviewers. This process ensures that
all project deliverables are of the highest quality and that comments from the agency have been properly addressed.
Following are the key elements of our Quality Assurance Program:
▪ Prepare detailed work plans and schedules
▪ Establish milestones for submittals and
progress reviews
▪ Provide independent peer review throughout
the design process
▪ Support the Project Manager with permanent,
tailored design team
▪ Understand / maintain the agency’s CAD
Management System to ensure Team
understands the project CAD requirements
▪ Establish open communication on a regular
basis between the client and Project Manager
to ensure expectations are clear
▪ Hold project coordination meetings on a
regular basis, with the frequency depending
on the complexity of the project
▪ Hold weekly scheduling and budget
administration meetings that allow for proper
resource allocation and staff assignments
▪ Review weekly financial reports to enable
proper budget planning
▪ Incorporate design team review comments
during the design process to provide a real-
time quality control check
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SECTION 4: PROJECT RELATED EXPERIENCE AND REFERENCES
4.1 Project Related Experience
Mobilizing appropriate staff quickly is essential to this on -call traffic engineering services project for the City of San
Bernardino. As a partner to the City, the ADVANTEC Team will provide responsive services and delivery of each Task Order
on time and within budget. We recognize that City staff has high expectations for technical capability and responsive
performance. ADVANTEC has delivered on those expectations by forming a team with the following attributes:
▪ Proven Expertise in Traffic Engineering Services – ADVANTEC has performed over 600 traffic engineering projects that
involved planning and design of multi-modal facilities including pedestrians, bicyclists, vehicles, and transit. Some of
these projects required community and stakeholders meetin gs.
▪ Familiarity with On-Call Traffic Engineering services with public agencies – ADVANTEC has been the On-Call Traffic
Engineering Consultant for more than 20 public agencies including the Cities of Los Angeles, Anaheim, Covina, Irvine,
Glendale, Pomona, Rancho Cucamonga, Inglewood, Irwindale, Yorba Linda, Diamond Bar, Downey, and Santa Clarita, in
addition to the County of Los Angeles, Port of Long Beach, John Wayne Airport, Caltrans District 7, Caltrans District 8,
Los Angeles county Metropolitan Transportation Authority (MTA), Orange County Transportation Authority (OCTA), and
most recently, the Metropolitan Transportation Commission (MTC) of Bay Area.
We have conducted design of ITS and traffic signal infrastructure, traffic studies, neighborhood tra ffic calming studies
and addressed all kinds of traffic engineering concerns from citizens and elected officials. We are also familiar with the
grant application needs of cities and have obtained grants for many cities.
▪ Visionary planning and implementation of “Multi-Modal, Complete Streets, Green
Street, Sustainable” improvements – ADVANTEC has the “Multi-Modal, Complete
Streets, Green Street, Sustainable” mentality when it comes to improving the
environment, safety and mobility to all users including motorists, bicyclists, transit
operators and users, and pedestrians of all ages and abilities. Our approach to
implementing the “Multi-Modal, Complete Streets, Green Street, Sustainable”
concept begins at the inception of a proposed project and follows thr oughout the life
of a project making sure all users are routinely considered during the planning,
designing, building and operations of all traffic and transportation planning and
engineering improvements.
▪ Successful completion of capital improvement projects – ADVANTEC has been
successful on understanding and delivering various capital improvement projects from simple to complex
improvements; ranging from public involvement to meeting extraordinary stakehol ders needs while staying on
schedule and within budget. It begins with our project management approach and project improvement
considerations, such as: complete streets enhancements, traffic studies and analysis, roadway geometrics, roadway
cross slopes, hydrology, sustainable site improvements, landscape architecture, ADA considerations, storm drain, catch
basins, water, sewer, construction staging, traffic control and detours, traffic signal, communications and intelligent
transportation systems, traffic signal timing and coordination, street and pedestrian lighting system, roadway signage
and striping.
▪ Strong Project Director, Project Manager and Task Leaders with years of hands -on engineering experience – Our
Project Director, Project Manager, Task Leaders, and Senior Project Engineers have combined over 250 years of
combined experience providing traffic engineering services for many clients on small and large-scale transportation
projects in southern California.
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Packet Pg. 272 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 18
ADVANTEC has provided similar As-Needed or On-Call Professional Consultant Services to agencies in Southern California as
described in the following table.
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
Caltrans District 8 – On-Call Traffic Engineering: PSR
and EIR Review - ADVANTEC was retained by the
Caltrans District-8 for on-call Traffic Engineering
from 2010-2013 and 2017-present, with CH2M,
System Metrics Group and CLR-Analytics as
subconsultants. Prior to that, the same team with
System Metrics Group as prime consultant was
awarded an on-call contract from 2007-2010, with
CH2M, ADVANTEC and CLR-Analytics as
subconsultants. Therefore, this team has performed
3 Caltrans District 8 on-call Traffic Engineering
contracts. We have performed a number of task
orders: 1) Traffic studies review services, 2) SR-91
Construction Detour Signal Timing, and 3) Various
LOS, VMT and Traffic analysis tasks.
Reference:
Caltrans District 8
Ms. Theresa Sasis
Office Chief
(909) 383-5997
theresa.sasis@dot.ca.gov
Date Range:
2008 to present
Project Team:
Leo Lee, Tracy Moriya, Keith Rand
Fee: Varies per Task Order
▪ Level of service and traffic
operations
▪ Development and
implementation of
synchronized traffic signal
timing along 20 separate
detour routes
▪ Performed numerous tasks
involving intersection level of
service, VMT estimation, and
analysis of traffic conditions
on state highways
RCTD On-Call Traffic,
Riverside County, CA -
ADVANTEC has
provided on-call traffic
engineering related
services to the
Riverside County Transportation Department (RCTD)
since 2014. ADVANTEC has prepared engineering
plans, specifications, and estimates (PS&E) for traffic
signal installations, updated traffic signal timing and
signal synchronization plans utilizing the most recent
CA MUTCD parameters, as well as on-site staff
augmentation services. Additionally, ADVANTEC is
currently preparing plans for a sidewalk
improvement project along Serfas Club Drive near
Corona, CA.
Reference:
RCTD
Mr. Lawrence Tai
Contract Manager
(951) 955-6816
LTai@rvico.org
Date Range:
2014 to present
Project Team:
Leo Leo, Keith Rand, Tracy
Moriya, Tony Salas, Barbara
Weiner, Jose Guedes, Ryan
Miller, Wing Chan, Madeline
Harriott
Fee: $250,000/yr
▪ Traffic Engineering Services
▪ Update Traffic Signal Timing &
Prepare Synchronization
Timing Plans
▪ Staff Augmentation
▪ Ethanac Traffic Signals at
Sophie and Mountain
▪ Serfas Club Sidewalk
Improvements
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Packet Pg. 273 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 19
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
Traffic Signal Rehabilitation
Project, Newport Beach, CA – As
part of our City of Newport Beach
On-Call Traffic Engineering services,
ADVANTEC is responsible for the preparation of
plans, specifications, and estimates (PS&E) and
construction engineering assistance for the traffic
signal rehabilitation work at the following existing
signalized intersections: 1) Newport Center Drive
E/Santa Rosa Drive, 2) Jamboree Road/University
Drive, and 3) Jamboree Road/Bison Avenue.
Upgrades consist of replacing outdated poles, signal
heads, pedestrian heads, pedestrian and bicycle
push buttons, emergency vehicle pre-emption (EVP),
Econolite Cobalt controllers, controller cabinets, and
service cabinets.
Reference:
City of Newport Beach
Mr. Eric Loke
Senior Engineer
(949) 644-3336
eloke@newportbeachca.gov
Date Range: 2016 to 2017
Project Team: John Dorado,
Carlos Ortiz, John Cox, Ryan
Miller, Enrique Biche, Madeleine
Ortiz, Frank Gomez
Fee: $26,000
▪ Upgrade Signal Equipment
▪ New Signal Controllers
▪ New CCTV cameras
▪ Fiber Optic Communication
Modifications
▪ LED Safety Lighting and
Lighting Analysis
▪ ADA Compliance/Ped Ramps
▪ Vehicle/Bicycle Detection
▪ Utility and SCE Coordination
▪ Construction Assistance/ Bid
Addenda/ Shop Drawing
Reviews/ RFI’s/ As-Builts
City of Anaheim On-call
Traffic Engineering, Anaheim,
CA - ADVANTEC has been
providing on-call traffic
engineering assistance to City
of Anaheim for the past 18
years. ADVANTEC prepared engineering plans,
specifications, and estimates (PS&E) for traffic
signal upgrade, CCTV cameras, fiber optic
communications interconnect and traffic control
plans construction of SCOOT detectors, advanced
detectors, Model 2070N controllers and cabinets
upgrade for various major corridors within the City.
Detailed design for CCTV cameras include the
design of poles and foundations, video control
equipment, tail circuits, and interconnect to the
communications hub. CCTV camera images and PTZ
control data were routed to the communications
hubs.
Reference:
City of Anaheim
Mr. Curt Breusing
Assistant Traffic Engineer (714)
765-5044
cbreusing@anaheim.net
Date Range:
2008 to Present
Project Team:
Leo Lee, Keith Rand, Tracy
Moriya, Carlos Ortiz, Frank
Gomez, Enrique Biche
Various Task Orders Fee:
$750,000
▪ On-call traffic engineering
consultant since 1998
▪ Performed over 15 design
projects
▪ Traffic Signal Upgrades
▪ Intelligent Transportation
Systems (ITS)
▪ Communications network
design including fiber optic
and copper
▪ CCTV design
▪ Traffic control plans
▪ Utilize multiple Traffic Signal
Control Systems in Traffic
Management Center including
ACTRA, I2, Centracs
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Packet Pg. 274 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 20
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
Engineering Staff
Augmentation, Anaheim, C A
Under the City of Anaheim’s
On-Call, ADVANTEC has
provided the city with staff
augmentation services that
allows the traffic division to function effectively
during high volume of plan submittals. ADVANTEC
provides plan checking services to review traffic
control plans.
Reference:
City of Anaheim
Mr. Rafael Cobian, PE
Principal Engineer
(714) 765-4991
rcobian@anaheim.net
Date Range:
2015 to Present
Project Team:
Leo Lee, Keith Rand, Tracy
Moriya, Enrique Biche, Jonathan
Delgado, Frank Gomez, Madeline
Harriott, Kimilee Murillo
Fee: $100,000/yr
▪ On-Call Plan Checking Services
▪ Staff at City Hall 2- Days a
week
▪ Signing and Striping Review
▪ Traffic Control Review
▪ Traffic Signal Review
▪ Traffic Study Review
On-Call Traffic Engineering
Services, OCTA, CA - Over 7 years,
ADVANTEC has served as a lead
firm to manage, design and
implement improved and
enhanced signal timing, signal
synchronization and traffic
operations for multiple arterial
corridors in Orange County, totaling over 350
intersections. The project objective was to improve
arterial traffic flow, improve travel-time and reduce
delay-along these major corridors in the county.
Benefits to be gained by improving traffic flow
include reduced fuel consumption and improved air
quality. In the process, ADVANTEC has worked with
many cities in Orange County and Caltrans to
improve their traffic hardware and Intelligent
Transportation System infrastructure.
Reference:
OCTA
Mr. Ron Keith
Traffic Operations Manager
(714) 560-5990
rkeith@octa.net
Date Range:
2007 to 2014
Project Team:
Leo Lee, Jose Guedes, Ryan
Miller, John Cox
Various Task Orders Fee: $1.6
million
▪ Traffic Signal Timing Plans
▪ Traffic Signal Synchronization
over 350 signalized
intersections
▪ Coordination with Caltrans
▪ Coordination with Cities
including Buena Park
▪ Evaluation of pedestrian,
bicyclists, and vehicle traffic
patterns
▪ ITS and CCTV System Design
▪ New Traffic Signal Controllers
▪ Timing Plan Implementation
and Fine-Tuning
On-Call Traffic
Engineering Services,
Irvine, CA- ADVANTEC
has been providing on-
call ITS and traffic
engineering assistance
to City of Irvine for over 12 years. ADVANTEC has
prepared traffic signal system upgrade design and
signal coordination along 19 major arterials within
the City. ITS upgrade included the design of CCTV
camera systems, fiber optic communications that
tied into the City’s Gigabit Ethernet network, loop
detectors, WWV antenna system at Caltrans
intersections, and controller cabinets upgrade.
Reference:
City of Irvine
Mr. Toan Nguyen, PE
Sr. Transportation Engineer
(949) 724-7553
tnguyen@ci.irvine.ca.us
Date Range:
2004 to 2016
Project Team:
Leo Lee, Jose Guedes, Tracy
Moriya, Carlos Ortiz
Various Task Orders Fee:
$800,000
▪ 35 CCTVs
▪ GigE Fiber Optic
Communications
▪ 2070 Controllers
▪ Fiber optic communications
design
▪ Inspection Services
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Packet Pg. 275 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 21
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
City of Rancho Mirage On -Call
Traffic Engineering, Rancho
Mirage, CA - ADVANTEC serves
the City with various on-call traffic
engineering services. ADVANTEC’s
work over this period includes the
preparation of Multi-Way Stop
Control Analysis reports at two intersections; site
plan review and recommended improvements for a
new development (Gas Station/Market Store) at
the northeast corner of Monterey Avenue at Frank
Sinatra Drive; prepared Citywide Left Turn Phasing
Guidelines; and prepared striping and signage
modification plan along Morningside Drive at
Country Club Drive. ADVANTEC has been
responsive and timely with each of our task order
requests.
Reference:
City of Rancho Mirage
Mr. Bill Enos
City Engineer
(760) 770-3224
bille@ranchomirageca.gov
Date Range:
2017 to Present
Project Team:
Carlos Ortiz, John Dorado, Jose
Guedes, John Cox, Ryan Miller,
Frank Gomez, Nicholas Park
Various Task Orders Fee:
$20,000
▪ Multi-Way Stop Control
Warrant Analysis
▪ Development Plan Review
▪ Preparation of Signing and
Striping modifications
▪ Assistance with request for
proposal (RFP) development
▪ Advisors for next generation
technologies
▪ Guidance on the latest
Caltrans and CAMUTCD
standards
▪ Other Traffic Engineering
reports and design services
Fairview Road Traffic Signal Synchronization
Project, Costa Mesa & Santa Ana, CA - ADVANTEC
completed a Signal Synchronization project for the
City of Costa Mesa and Santa Ana, under Measure
M2 (Orange County). The project involved
development and implementation of synchronized
traffic signal timing at 31 intersections along
Fairview Avenue with a goal of reducing travel times
and stops, improving average travel speeds, and
associated reduction in fuel consumption, emissions
and commuter accidents.
The project also involved designing and installing
Fiber Optic network for City of Costa Mesa, and
expansion of wireless radio communication between
intersections for the City of Santa Ana. Other
improvements also completed were: controller and
cabinet replacements, and installation of CCTV
cameras. The overall project goals of inter-
jurisdictional traffic signal synchronization for all
peak periods were achieved as demonstrated by
improvements in travel time of 15% and reductions
in number of stops over 20%.
Reference:
City of Costa Mesa
Mr. Raja Sethuraman
Transportation Services Manager
(714) 754-5032
r.sethuraman@ci.costa-
mesa.ca.us
Date Range:
2012 to 2015
Project Team:
Leo Lee, Jose Guedes, Ryan
Miller, John Dorado, Kimilee
Murillo
Fee: $660,000
▪ 8.5 miles of Fairview Avenue
from SR-22 (Garden Grove
Fwy) to Newport Blvd (City of
Costa Mesa)
▪ 31 intersections involving 2
local agencies and Caltrans
▪ Design and installation of
Fiber Optic network
▪ Installation of Wireless
Communication
▪ Installation of CCTVs
▪ Signal Cabinet and controller
replacement
▪ Utilize existing copper
Interconnect cable with VDSL
Ethernet-over- copper for
communications
▪ Cross-jurisdictional
coordination
▪ Construction support
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Packet Pg. 276 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 22
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
On-Call Traffic Engineering
Services – Los Angeles
County, CA - ADVANTEC’s
work over this period
consisted of several traffic
signal design projects
including 8 major corridors ranging from 9 to 62
intersections will associated improvements. All the
plans were designed in conformance with the
County of Los Angeles latest design guidelines, using
Microstation / AutoCAD formats. Plans were
submitted in 3 different stages: 80%, 100% and final
design submittal. The 100% and final design plans
were also submitted to the involved local agencies
for review and approval.
Reference:
Los Angeles County
Ms. Jane White
Supervising Engineer
(626) 300-2020
jwhite@dpw,co.la.ca.us
Date Range:
2004 to Present
Project Team:
Leo Lee, Carlos Ortiz, Tracy
Moriya, Wing Chan, Madeline
Harriot, Tony Salas
Various Task Orders Fee: $1.6
million
▪ Traffic Signal Design
▪ Signing and Striping Design
▪ New Signal Controllers and
Cabinets
▪ Median Nose Reduction
▪ Vehicle/Bicycle
Detection/Advance
▪ Multi-Jurisdictional
Coordination
Adaptive Traffic Signal System Design and
Specifications, Culver City, CA - ADVANTEC was
responsible for developing the specifications and
Request for Proposal for City of Culver City adaptive
traffic signal system. Following the FHWA Systems
Engineering process, Mr. Lee provided technical
oversight for the development of the Concept of
Operations, System Requirements, Validation Plan
and Systems Acceptance Testing Plan, leading to
the development of a Request for Proposal issued
to contractors in March 2016. Mr. Lee also led the
development of the Performance Specifications
which requires the contractor to achieve a set of
Measures of Effectiveness (MOEs) including
reduction in delay, stops and travel time.
Reference:
City of Culver City
Mr. Hong Wang
Senior Engineer
(310) 253-5604
hong.wang@culvercity.org
Date Range:
10/2015 to Present
Project Team:
Leo Lee, Jose Guedes, Ryan
Miller
▪ RFP preparation
▪ Research of various adaptive
control technologies
▪ Value engineering
▪ Comparison analysis
▪ Cost estimates
▪ Develop technical
specifications
MNS ENGINEERING REFERENCES:
Donlon Road Realignment, Ventura County, CA – A
T-Shaped configuration joining SR118 and Somis
Road (SR34) realignment improvement to eliminate
the offset between the two roads reducing time
delays, and relieving congestion. MNS provided
preliminary and final design engineering services
and constructability review. MNS assisted in
completing Design Exception Fact Sheets and
coordinating the Caltrans Encroachment permit and
environmental permit (401, 404 and 1601) process
Subconsultant Reference:
County of Ventura
Chris Hooke Deputy Director of
Transportation Works
(805) 654-2048
Chris.hooke@ventura.org Date
Range:
2012-2015
Project Team:
MNS Team
▪ Caltrans Coordination and
Permit Processing
▪ Preliminary and Final Design
▪ Cost estimates
▪ Develop technical
specifications
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Packet Pg. 277 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 23
Project Name / Description Reference/ Date / Project Team
Relevance to the City of San
Bernardino .-On-Call Traffic
Engineering Services Contract
Diamond Bar Streetscape, Diamond Bar, CA -The
City of Diamond Bar embarked on a new
streetscape improvement project to enhance the
entry gateway. Goal was to create greener, safer
complete streets that embrace the rustic, family-
friendly character of the community while
encouraging business visibility. MNS developed
alternatives such as modifying the 12-foot-wide
parkways to add streetscape and green elements as
well as widening the bike lane in combination with
the sidewalk to create a multiuse path.
Subconsultant Reference:
City of Diamond Bar
Kimberly Young, Sr Engineer
(909) 839-7044
kyoung@diamondbarca.gov
Date Range:
2017- Current
Project Team:
MNS Team
▪ Community outreach to
engage public participation
▪ Planning
▪ Studies
▪ Engineering design
Ekwill Street and Fowler Road Extension and
Roundabouts, Goleta, CA – Project design two new
roadways, Ekwill Street and Fowler Road, and tow
new roundabouts at the Hollister Avenue and
SR217 interchange to improve traffic flow within
the City of Goleta. MNS provided complete
roadway and roundabout design: plans, specs, and
construction cost estimates; drainage analysis and
stormwater quality design; traffic signal, traffic
control, Stormwater Pollution Prevention Plan
(SWPPP); environmental and permitting agencies
coordination; and utility coordination for the entire
project.
Subconsultant Reference:
City of Goleta
Rosemarie Gaglione, former
Director of Public Works (now
with City of Oxnard)
(805) 315-1944
Rosemarie.gaglione@oxnard.org
Date Range:
2012- Current
Project Team:
MNS Team
▪ Right-of-way acquisition
▪ Civil roadway design
▪ Traffic signal design
▪ SWPPP compliance
▪ Topographic survey mapping
▪ Multi-jurisdictional
coordination
▪ Environmental
Other relevant projects are described below:-
Project Name / Description
Left-Turn Phasing Analysis for Five (5) Signalized Locations (2016), Yucaipa, CA – ADVANTEC prepared Left-Turn
Warrant Analysis for five (5) signalized intersections. The left-turn phasing analysis investigated the appropriate
method of signalization for the left-turn movement—fully protected or protected-permissive. We analyzed two
options for protected-permissive left turn phasing: 1) the circular-green display, and 2) the Flashing Yellow Arrow
(FYA). One benefit the FYA provides that the circular-green display does not is the ability to implement lead-lag left-
turn phasing and/or variable phasing by time of day without creating the "left-turn yellow trap" that can occur with
the traditional circular green display. ADVANTEC reviewed three different guidel ines that are used to determine if
protected left turn phasing is necessary at a signalized intersection and what type should be used. The three guidelines are from the
Institute of Transportation Engineers (ITE), the Highway Capacity Manual (HCM), and the California Manual on Uniform Traffic Control
Devices (CA MUTCD). Our results showed that two of the three intersections met the left-turn phasing requirements.
City-Wide Engineering and Traffic Speed Survey (2017), Glendora, CA – ADVANTEC is currently conducting an Engineering and Traffic
Survey (E&TS) and collecting citywide traffic counts for the City of Glendora. The project includes speed data collection, d ata analysis,
roadway segment characteristics review, collision history review and accident rates calculations, compilation of speed zone surveys,
collection of traffic counts, posted speed recommendations and preparation of two final reports, one for the speed survey
recommendations including all recommendations and supporting data and the other report for the traffic counts. The City expects
that both final reports and supporting data be completed on or before March 16, 2017. All work shall be in conformance with t he
California Vehicle Code Sections 627 and 40802 and the latest version of the C alifornia Manual of Uniform Traffic Control devices
("California MUTCD').
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Packet Pg. 278 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 24
Project Name / Description
Armitos Place Traffic Calming Neighborhood Traffic Study (2016), Diamond Bar, CA – As part of our professional services contract,
ADVANTEC obtained a task order to conduct a Neighborhood Traffic Study along Armitos Place. Armitos Place is a residential st reet
with primary two-way stop control on the side streets. This project was initia ted by residents that complained about speeding.
ADVANTEC analyzed a 2/3 mile segment, and determined that there was excessive speeding. Our recommendations included speed
humps and proper signage and striping at strategic locations.
Regional Traffic Signal Synchronization Projects, Orange County Transportation Authority (OCTA), Orange County, CA – Under this
program, ADVANTEC provided the following traffic signal synchronization, ITS, traffic signal, and communication improvements:
Traffic Engineering On-Call Services (2003-2016), Diamond Bar, CA - ADVANTEC has been providing Traffic Engineering On-Call
Services to the City of Diamond Bar since 2003: Some of the professional services provided to the city, included: Traffic en gineering
advisor for the Traffic Management System project, including preparation of the RFP, participation in the consultant proposal
evaluation, and interview panel; Traffic engineering advisor for Caltrans SR57/60 HOV project; Traffic engineering advisor for the Los
Angeles County - Pomona Valley ITS project; Plan review and traffic engineering advisor for the Alameda Corridor East - Brea Canyon
Road Grade Separation Project; Construction management for various traffic engineering construction projects; Review Work Area
Traffic Control plans for various construction project.
Engineering Staff Augmentation (2015-Present), Anaheim, CA - Under the City of Anaheim’s On-Call, ADVANTEC has provided the city
with staff augmentation services that allows the traffic division to function effectively during high volume of plan submittals.
ADVANTEC provides plan checking services to review traffic control plans. Key Features: On-Call Plan Checking Services; Staff at City
Hall 2- Days a week; Signing and Striping Review; Traffic Control Review; Traffic Signal Review; and Traffic Study Review.
Plan Review Services for the Goldline Light Rail Extension (2016-Present), Claremont, CA – ADVANTEC is currently under contract to
review traffic engineering and ITS plans submitted by Metro Goldline Authority. Our review services include on-site field reviews to
confirm existing conditions, identify missing items and/or improvement conflicts. ADVANTEC strives to maintain a maximum two week
turn around time for our review and comments. Depending on the number of sheets to review and complexity of the improvements,
additional time may be required. ADVANTEC uses the City of Claremont’s requirements, Caltrans Standard Plans and Specificatio ns,
and the California Manual on Uniform Traffic Control Devices (CAMUTCD), as references for our review including industry standard
best practices.
Beyond Traffic: Smart City Challenge Grant Application (2014/2015), Riverside, CA – ADVANTEC provided professional
services to the City of Riverside for the preparation of the USDOT $40 million Beyond Traffic: Smart City Challenge grant
application. The purpose of the grant was to consolidate local, regional, academia, and stakeholder resources to
implement a new class of technologically advanced transportation solutions to mitigate traffic congestion and
greenhouse gas emissions in the City of Riverside and throughout the Inland Empire. ADVANTEC provided professional
services to support the objectives of the grant and provide a clear and comprehensive plan of twelve (12) Vision Elements. The
ADVANTEC Team assisted the City by bringing over 70 major stakeholders representing government, transit, academia, professional
associations, auto and truck companies, ride-sharing companies, bike-sharing companies, car-sharing companies, Tier 1 technology
companies, roadway technologies/cyber security/analytics/telematics and Internet-of-Things (IoT) companies.
Los Angeles County Metropolitan Transportation Authority 2015 Call for Projects Applications (2015), Culver City, CA – ADVANTEC
provided professional services to the City of Culver City to prepare a Project Study Report Equivalent (PSRE) and Applications for the
2015 METRO Call for Projects. ADVANTEC prepared three applications for the following projects: 1) Culver City Citywide Bicycl e
Friendly Detection, 2) Culver City Handicap Pedestrian Access Improvements, and 3) Washingto n Boulevard Bike
Lanes.
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Packet Pg. 279 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 25
Project Name / Description
Fiscal Year 2016-17 Sustainable Transportation Planning Grant Application (2016), Coachella Valley Association of Governments
(CVAG), Coachella Valley, CA – ADVANTEC provided professional services to prepare a Sustainable Transportation Planning Grant
Application in order to secure funding for Coachella Valley Vision Zero Program: Bike, Pedestrian and Low Speed Electric Vehi cles
(LSEV) Road Safety & Use Survey. ADVANTEC assisted project description, detailed scoped of services, p roject schedule, and requested
funds.
Traffic Circulation and Traffic Impact Analysis Review Services for the Goldline Light Rail Extension (2016 -Present), Claremont, CA –
ADVANTEC is currently under contract to review studies and reports submitted by Metro Goldline Authority including supporting
transportation elements in the EIR. Our review services include on-site field reviews to confirm existing conditions, identify missing
items and/or improvement conflicts.
Traffic Impact Analysis (TIA) Review for LA Fitness, Queuing Assessment, and Supplemental Analysis (2016),
Seal Beach, CA – ADVANTEC was requested to review the operations analysis and recommend improvements at
signalized intersections along Seal Beach Boulevard near the project site. ADVANTEC determined that the latest
signal timing parameters were not taken into consideration and provided a comparison analysis with
recommendations. Our results indicated that there were minimal impacts to the northbound and southbound traffic progression, the
analysis resulted in acceptable LOS, and we recommended additional storage for the northbound left-turn pocket. This was a fast-
track project with short notice, so the City could respond to the developer with the proper project mitigations and to help maintain
project schedule.
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Packet Pg. 280 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Page | 26
SECTION 5: DRAFT AGREEMENT FOR ON-CALL TRAFFIC ENGINEERING
SERVICES
ADVANTEC has reviewed the Draft Agreement for On -Call Traffic Engineering provided as part of the RFP and we will
execute the Agreement when offered by the City. ADVANTEC is able to me et the insurance requirements contained within
the Draft Agreement.
SECTION 6: ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
ADVANTEC acknowledges receipt of the following addenda for On -Call Traffic Engineering Services to the City of San
Bernardino Department of Public Works:
• Not applicable.
The signed certification and acknowledgement form is provided in the appendix.
SECTION 7: SCHEDULE OF FEES
As required by the RFP, a Schedule of Fees for this on-call traffic engineering services contract is provided in a separate
sealed envelope, including the hourly rate classification for specific personnel anticipated to be assigned to support the
project.
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Packet Pg. 281 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
As Needed, On-Call Traffic Engineering Services
City of San Bernardino Public Works Department Engineering Division
Appendix | A
APPENDIX A
Resumes
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Packet Pg. 282 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Carlos A. Ortiz, PE, TE, PTOE
Project Director
Mr. Ortiz has extensive experience managing Traffic Engineering and
Intelligent Transportation System (ITS) projects for numerous agencies
throughout California. He has worked on many complex projects and
has the ability to resolve problems quickly and efficiently by drawing
on his 29 years of experience, exclusively in the field of ITS and traffic
engineering. Mr. Ortiz serves on ITE International Board of Direction
as International Director, representing ITE Western District. Mr. Ortiz
also serves on the Board at ITS California, where he serves as the
Southern California Section Chair and Outreach Committee Chair.
Some of his notable projects are as follows:
Relevant Experience
City of Coachella Intelligent Transportation System (ITS) Master Plan
(Coachella, CA) - Project Manager. The City of Coachella ITS Master
Plan will evaluate the City’s existing and recommend future traffic
signal, signal communication, and ITS field elements infrastructure
needs. It will serve as guidelines for the development, design, and
deployment of the City’s Advanced Traffic Management System
(ATMS). The comprehensive ITS Master Plan will be developed on a
performance-based, customer-focused approach to satisfy the
capacity desired, and will identify and deploy the most cost-effective
and maintainable ITS infrastructure that will meet local and regional
needs. The ITS Master Plan will be a report that will specify the
methodology, analysis, and recommendation of the City’s ATMS. The
City of Coachella ITS Master Plan will include the following
information: Existing Systems Inventory and Evaluation, Evaluation of
Surrounding Systems, Assessment of Intelligent Transportation System
(ITS) Opportunities, Development of System Engineering Management
Plan (SEMP), Project Deployment and Maintenance Plan, Inter-Agency
Communication Needs, Funding Strategies Plan, and Strategic
Deployment Plan. As part of the preparation of the ITS Master Plan,
various technology vendors were invited to provide a presentation on
ATC controllers, software, and traffic management systems. Based on
our assessment and City’s needs, the McCain Transparity Traffic
Management System (TMS) was recommended.
Caltrans District 8 On-Call Traffic Engineering (Contract No. 08A0602)
(Riverside and San Bernardino Counties, CA) - Project Manager.
Responsible for various task orders on this traffic engineering on-call
services contract with District 8. The work included pavement
delineation, roadway and overhead signage and stage
construction/traffic handling/detour plans specifications and
estimates for various projects. Plans, specifications and engineer’s
estimates were prepared for a seven-mile HOV and auxiliary
improvements on SR-60, intersection improvements on SR-86 at
Airport Road, and for roadway improvements on SR-38.
Registration:
Civil Engineer, CA, C057535
Traffic Engineer, CA, 2025
Civil Engineer, AZ, 34333
Professional Traffic
Operations Engineer, US, 426
Years of Experience: 30
Years with Firm: 4
Education:
B.S., 1989, Civil Engineering,
California State Polytechnic
University, Pomona
Professional Affiliations:
Board Member and
International Director, ITE
International
Board Member, ITS California
Southern California Chair,
Partnership Chair, ITS
California
Board Member and Past-
President, Institute of
Transportation Engineers,
Western District
President, Southern California
Section, Institute of
Transportation Engineers (Past)
President, Riverside-San
Bernardino Section, Institute of
Transportation Engineers (Past)
President, Orange County
(OCTEC) (Past)
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Packet Pg. 283 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Port of Long Beach On-Call Professional Traffic Engineering Services - Project Manager. – Mr. Ortiz provided On-
Call traffic engineering services for a three-year period including signing and striping improvements along 26 miles
of roadway within the POLB. Other task orders included the preparation of intersection traffic analysis, preparation
of traffic signal plans and signal timing plans related to the construction of the Gerald Desmond Bridge.
Engineering and Traffic Signal Management Services (Menifee, CA) - Project Manager/City Traffic Engineer.
Mr. Ortiz provided traffic engineering and transportation planning services to the City of Menifee. Mr. Ortiz
served as on-site Traffic Engineer and services included interfacing with the public, staff, community groups,
contractors, inspectors, engineers, and other governmental agencies. In addition, Mr. Ortiz worked closely
with the city staff to develop standard procedures and guidelines for traffic plans and specifications. Mr. Ortiz
was also involved in reviewing construction cost estimates, specifications, and all traffic plans for City
Improvement Projects.
City of Upland Traffic Engineering Services (Upland, CA) - This project consisted of assisting City staff in the
development of engineering and development policies, regulations and ordinances in relation to traffic
analysis, review site plans and prepare conditions of approval for proposed developments and prepare traffic
studies. Mr. Ortiz served as the Contract Manager and was responsible for providing traffic engineering
services and overseeing and assisting the on-site traffic engineer. He is responsible for reviewing traffic
signal, signing and striping, and traffic control plans, reviewing construction cost estimates and specifications
and developing City Traffic Signal and Signal Communication Master Plan.
City of Chino Hills Traffic Engineering Services (Chino Hills, CA) - Mr. Ortiz served as the Interim Traffic
Engineer for the City of Chino Hills. The project consisted of providing traffic engineering and transportation
planning services, reviewing site, tract and parcel maps, review traffic impact studies for new developments
and preparing conditions of approval. Mr. Ortiz worked closely with City staff to develop standard
procedures and guidelines for traffic plans and specifications. He also reviewed construction cost estimates,
specifications and all traffic plans for City Improvement Projects.
Imperial Highway Intelligent Transportation System (ITS) Project (Norwalk, CA) – Project Director.
ADVANTEC is responsible for the preparation of plans, specifications and engineer’s estimates (PS&E) for
Intelligent Transportation Systems (ITS) upgrades, traffic signal equipment and detection upgrades, and
improvements for ADA compliance including fiber optic communications testing, and traffic signal timing and
coordination for the City’s Imperial Highway Intelligent Transportation System (ITS) from San Gabriel River to
Shoemaker Avenue Project. The proposed project improvements included the installation of 7,000 linear
feet of fiber optic cable from the City limits at the San Gabriel River to Firestone Boulevard. In addition, the
project will include upgrading traffic signal poles and equipment, detection, ADA compliant ramps, and
upgraded Ethernet switches and communication equipment. The project also includes signal synchronization
along the corridor from the San Gabriel River to Shoemaker Avenue that enhances traffic efficiency during
peak traffic periods and non-peak periods and for detour traffic due to construction along Imperial Highway.
ADVANTEC also developed a Citywide ITS and Communications Master Plan that provides a roadmap to
improve their existing traffic management and communication systems with current technologies; expand
their state-of-the-art systems that will assist operators with managing traffic more effectively; enhance staff
efficiency through remote monitoring and response to incidents, troubleshooting, maintenance and
operations; and to maintain and provide the ability to share data and video with partner agencies and
stakeholders in order to improve the driver experience across jurisdictional boundaries.
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Packet Pg. 284 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Keith Rand, PE, TE
Project Manager
Mr. Rand is Director of Operations with ADVANTEC’s Diamond Bar
location. Keith brings more than 25 years of specific technical
experience and expertise in the areas of design build implementation,
traffic and transportation engineering and planning, Intelligent
Transportation Systems (ITS) planning and design, traffic signal design,
and engineering design. His broad based experience in traffic and
transportation engineering provides a solid foundation for both large
scale and site specific transportation projects. He has planning, design
and traffic operations experience on both small and large scale
transportation projects, including design-build of large infrastructure
projects, LRT and BRT project experience.
Relevant Projects:
I-15 Express Lanes Design Build Project (RCTC – Corona, Eastvale, CA) –
ADVANTEC's Project Manager. Mr. Rand is responsible for providing
ITS design of Caltrans traffic management system (TMS) components
(i.e., ramp metering, traffic monitoring stations, closed circuit
television cameras, changeable message signs, and fiber optic
backbone) and design review coordination for the RCTC toll collection
system components (i.e., toll gantries, CCTV, CMS, detection stations,
etc.). The project is approximately 14 miles long and is located in
Riverside County along Interstate 15 (I-15) that travels through the
cities of Corona, Norco, Eastvale and Jurupa Valley, essentially
between the Cajalco Road interchange on the south end and the State
Route 60 interchange on the north end.
Riverside County Transportation Commission (RCTC), SR-91 Corridor
Improvement Project (CIP) Design-Build (Corona, CA) - Traffic,
Electrical/ITS & ETTM Manager. Managed the Traffic Team and the
Electrical/ITS Team, including the Electronic Toll and Traffic Management
(ETTM) infrastructure as part of the Atkinson-Walsh Joint Venture (AWJV).
The project includes nearly 16 miles of freeway improvements, including
the extension of OCTA's SR-91 Express Lanes from the County Line to I-15
by approximately 8 miles. Within the City of Corona, worked on local streets
including: Main Street, Buena Vista, Lincoln Avenue, Frontage Road, Grand
Boulevard, 6th Street, Maple Street, Auto Center Drive/Serfas Club Drive,
and Green River Road. Responsible for the traffic-, electrical-, ITS- and
ETTM-infrastructure components of the project including movement of
traffic, pavement delineation, signing, highway (including high mast) and local street lighting, traffic signals, Caltrans
and City of Corona ITS communication system (fiber, RMS, TMS, CCTV, CMS and WVDS), and ETTM (lighting and sign
illumination, fiber, CCTV and CMS infrastructure) design. Additional responsibilities have included support of
developing the TMP, providing VISSIM and Synchro traffic operations analysis, traffic analysis supporting
Environmental revalidation efforts, development of SSPs, and providing an integral part of Task Force meetings.
Registration:
2000/Professional Civil
Engineer/ CA/C60090 (Expires
6/30/2018)
2001/Professional Traffic
Engineer/ CA/TR2103 (Expires
06/30/2017)
Years of Experience: 25
Years with Firm: 1
Education:
BS/Civil Engineering/1992/San
Diego State University
Professional Affiliations:
Orange County Traffic
Engineering Council
(OCTEC) -
Board of Directors (2013-
Present)
Institute of Transportation
Engineers (ITE)
Intelligent Transportation
Society of California (ITS-CA)
Geographic Location:
Diamond Bar Office
Availability: 75%
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Packet Pg. 285 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Caltrans (District 11), On-Call Traffic Design, (San Diego County, CA) - Project Engineer. URS completed an as
needed On-Call Contract with Caltrans District 11 to perform traffic design services. URS completed 6 task
orders (TOs) that were all on accelerated schedules. The TOs primarily included electrical design plans for
roadway projects along state routes involving safety lighting and landscaping, including electrical service for
irrigation controllers.
Caltrans (District 12), I-5 Far North Phase 2 PS&E (Buena Park, CA) - Design Engineer. Responsible for the
preparation of the fiber optic communication backbone along a 2-mile stretch of Interstate 5 between SR-91
and Beach Boulevard, as well as the design of four CCTV locations. The communications design incorporated
two separate design packages that coordinated consultant and Caltrans design plans.
Caltrans (District 7), Traffic Signal and Smart Crosswalk Upgrade (Wilmington/Los Angeles, CA) - Lead
Engineer. Responsible for the preparation of plans, specifications and estimates for the Pacific Coast Highway
(SR-1) Signal/Smart Crosswalk Installation Project, including removal, street improvement, signal and
pedestrian crosswalk, interconnect, utility, and striping plans for Caltrans, District 7 as part of an On-Call
Engineering Task Order. The project consisted of designing a new traffic signal along Pacific Coast Highway at
Island Avenue and Smart pedestrian crossings at the intersections with Broad Avenue and Ronan Street in the
City of Wilmington. The installation of “smart crosswalks” included upgrading the two existing crosswalks
with pedestrian-activated flashing overhead beacons and warning signs. The three intersections were tied
into the City of Los Angeles ATSAC system.
City of Solana Beach, Lomas Santa Fe Drive Traffic Signal Interconnect and Retiming (Solana Beach, CA) -
Lead Engineer. Responsible for preparing a PS&E package for 12 traffic signals and an associated coordinated
signal system on Lomas Santa Fe Drive between Highway 101 and I-5 in the City of Solana Beach. The project
included the design of communications for traffic signals using the Type 170 controller unit operating a
BiTran 200SA software system to communicate between each other. The project also deployed an office PC
system and the QuicNet software.
City of Irvine, Culver Drive Traffic Signal Upgrade and Coordination (Irvine, CA) - Deputy Project Manager.
Prepared PS&E for twenty traffic signal modifications along Culver Drive including installation of 2070L
controllers and dual Type 332 cabinets with fiber optic communications. Prepared a technical memorandum
identifying deficiencies to City’s current standards, including detailed options for the controller cabinets.
Project also involved the development of traffic signal timing plans for AM, Mid-Day and PM peak hours
utilizing the ACTRA central control system.
City of National City, City of National City Fiber Optic Interconnect Projects (National City, CA) - Design
Engineer. Responsible for the preparation of PS&E for fiber optic interconnect communications along a 2.8-
mile stretch of Plaza Boulevard from Roosevelt and 8th Streets that included 170 controller modifications at
13 traffic signals to communicate with a new BiTran QuicNet 4 Signal System. Also prepared PS&E for fiber
optic interconnect communications along a 2.5-mile stretch of 30th Street/Sweetwater Road from Roosevelt
and 8th Streets that included 170 controller modifications at 12 traffic signals.
Cities of Brea/Placentia/Anaheim, SR-57 Multi-jurisdictional Smart Corridor Project,
(Brea/Placentia/Anaheim), California (Project Engineer). Project included preparation of the field
infrastructure design for components including five CCTV locations and associated fiber optic
communications network of joint use and control of the CCTV cameras between the local agencies and
Caltrans along the SR-57 corridor. An integral part of the project deployment includes the communications
interties that connect local systems of Brea, Placentia and Anaheim to Caltrans ATMS.
City of Oceanside, Oceanside Fiber Optic Interconnect and Communication System, Oceanside, California
(Lead Engineer and Task Manager). Project Engineer for the development and implementation of a
centralized computer and communication system to operate and manage the traffic signals with coordinated
timings. Prepared PS&E packages of fiber-optic interconnect communications along five primary (nine total)
arterials and over one hundred signalized intersections.
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Packet Pg. 286 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Tracy Moriya
QA/QC Manager/Task Leader
Tracy Moriya is a Principal in ADVANTEC with over 31 years of
experience in management and design of traffic engineering and
transportation projects. His professional experience includes design
of transportation systems, traffic signals, Intelligent Transportation
Systems (ITS), guardrail design, CCTV video communication design,
roadway and highway lighting, traffic signal system design, signing and
striping, stage construction/handling, traffic control. He is an expert
in developing design plans, as well as municipal engineering for traffic
signal systems, fiber optic interconnect, traffic control, signing and
striping projects, street lighting design street lighting design projects.
Through his career, he has been involved in over 700 traffic signal
design and coordination projects, ranging from minor modification of
controller upgrades to installations /modifications of corridors with
over 60 intersections. Tracy has worked with numerous agencies
including the City of Los Angeles, Los Angeles County, Caltrans District
7, 8, & 12, Cities of Santa Monica, San Fernando, Long Beach,
Inglewood, Norwalk, Brea, South Gate, Redondo Beach, Downey, Bell
Gardens, Santa Fe Springs, Santa Clarita, Diamond Bar, Huntington
Beach, Pomona, Anaheim, Irvine, Santa Ana, Corona, Tustin, Costa
Mesa, Orange, San Marcos, Riverside, Moreno Valley, Cathedral City,
Palm Springs, Chino, Chino Hills, Colton, Rancho Cucamonga, Ontario,
Upland, Rialto, Fontana, Redlands, San Bernardino, San Bernardino
County, Highland, Yucaipa and the Port of Long Beach, Port of Oakland
and Los Angeles World Airports.
As on-call traffic engineering services with the City of Rancho
Cucamonga, City of Diamond Bar, City of Inglewood, Irvine, Anaheim
as well as other cities. Mr. Moriya is very thorough when it comes to
QA/QC in-house, as well as, municipal plan checking. Mr. Moriya is
serious when safety and functionality is involved. He reviews all angles
when looking at each design, to be certain that all plans reach the
maximum design safety standards.
Relevant Projects:
On-Call Traffic Engineering (Diamond Bar, CA) – Mr. Moriya was
the Project Manager for On-Call traffic engineering services for the
City of Diamond Bar. Work includes QA/QC review of consultant
design plans, responding to Contractors RFI’s on current
construction projects, preparing traffic engineering studies,
prepare Safe Routes to School design plans, Traffic Control plan
checking reviews and coordinating with the City in responding to
citizen’s complaints. As each task order is requested, Mr. Moriya
meets with the City to confirm the project’s purpose and
anticipated outcome, and prepares a scope of work and budget.
Years of Experience: 31
Years with Firm: 21
Education:
California State University Long
Beach, Mathematics
University of Irvine,
Mathematics
Professional Affiliations:
President- Riverside/San
Bernardino ITE (RSBITE)
Member, Institute of
Transportation Engineers (ITE)
Professional Training:
Institute of Transportation
Studies (ITS) Extension, Traffic
signal design
University of California
Extension, Street lighting
design
Northwestern University Traffic
Institute, Intersection &
Channelization Design
Westech College,
Microstation Intergraph PC
Graphics and Computer
Aided Drafting (CAD)
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Packet Pg. 287 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
After notice to proceed, Mr. Moriya prepares the Advantec team to meet the City’s schedule and
budget.
Anaheim Plan Checking Services (Anaheim, CA) - As part of the City’s On-Call Traffic Engineering
Services, (since 1998) Mr. Moriya is the key person that project managed, as well as reviewing, the task
of Plan Checking various transportation plans, which includes traffic signal modification, signing and
striping and traffic control plans prepared by developers. Traffic Control plans ranged from a single
construction area zone, or a phased construction area zone to reconstruction/rehabilitation of
pavement reaching over a mile. Plans were reviewed per City guidelines as well as following the latest
MUTCD and WTCP guidelines. Plans were completed within 24 – 36 hours. Currently, Under the On-Call
agreement Mr. Moriya is the Project Manager of staff augmentation for the City of Anaheim two days a
week for Plan Checking Traffic Control Plans prepared by various consultants and contractors. Traffic
control varies by the type of construction tasks, for instance, underground utility maintenance or
installation, street widening, traffic signal installation, and street lighting installation.
Signing & Striping Plan Checking for the New Los Angeles Stadium (Inglewood, CA)
Planned to open in 2020 the Los Angeles Stadium at Hollywood Park / City of Champions Stadium will
serve as the home for the Los Angeles Rams and Los Angeles Chargers. The Stadium is a component of
the City of Champions Revitalization Initiative, this is the development on the site the former Hollywood
Park Racetrack. As part of a joint venture design team. Mr. Moriya is providing independent plan
checking services for the signing and striping plans of the new development. Mr. Moriya plan checks for
constructability, geometric lane configuration, correct signage and placements and above all, safety.
Avalon Boulevard Traffic Signal Synchronization Project and Signing/Striping (TSSP) (Los Angeles
County, CA) – Project Manager for upgrading 31 traffic signals along Avalon Boulevard in the City of
Carson, parts Los Angeles County and California Department of Transportation (Caltrans). This project
with the County, is part of a traffic signal synchronization project, as a whole, traffic signal modifications
and upgrades are necessary prior to synchronizing all project signals along Alondra Boulevard. Mr.
Moriya Lead a team of design engineers to take field inventory along the corridor and prepared
recommendations for the County and the City of Carson. ADVANTEC prepared plans, specification and
estimates for the project. Performed quality control of all traffic signal modifications plans. Also,
coordinated with the County and the local agencies for plan processing.
ARTIC to West Anaheim Bikeway Connector Project (Anaheim, CA) - Project Manager on the design of
3.7 miles of Class II bike lanes and 4.2 miles of Class III Sharrows along a continuous corridor totaling
almost 8 miles. Starting at West Ball Road and Magnolia Avenue, and ending at the east end of the city
at the ARTIC regional transportation hub and the Santa Ana River Trail. ADVANTEC prepared engineering
plans, specifications and estimates (PS&E) to close a bicycle route gap that currently exists. The bicycle
connector project encouraged bicycling as a mode of transportation in the City, opened opportunities
for bicycle commuting for those who never considered “cycling to work, and Increased safety for
bicyclists on City streets.
Santa Clarita Engineering Guidelines (Santa Clarita, CA) – As part of the City On-Call Traffic Engineering
Services, Mr. Moriya was the key staff member that assisted in the preparation of developing guidelines
for Signing and Striping Design, Traffic Control Design, Traffic Signal Design and Traffic Design Checklist
for the City of Santa Clarita. These guidelines and checklists are currently used by City staff and
distributed to other developers, contractors and consultants for their use on City of Santa Clarita
transportation designs.
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Packet Pg. 288 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Mission Village Phase 1-3 new multi-family home development (Los Angeles County, CA) - Project
Manager for a three phase community development west of Magic Mountain Amusement Park.
Responsible for the coordination between developer, the Los Angeles County Department of Public
Works and Caltrans to prepare 17 traffic signals, 2.5 miles of signing and striping, as well as, preparing
street lighting calculations and design plans. This is the first Neighborhood Electric Vehicle (NEV) project
for the County of Los Angeles. Careful planning, research and cooperation with ADVANTEC, Developer
and the County to establish guidelines for this project, as well as for future projects. The entrance to the
community starts just after Magic Mountain Park entrance gate from Magic Mountain Parkway.
Coordination with the heavy traffic volumes entering & exiting the amusement park as well as new
residents entering the development was essential. As part of the project, traffic stage construction
design phases were crucial in moving traffic along Magic Mountain Parkway due to a major elevation
changes between the I-5 Freeway and Magic Mountain Park entrance. Close coordination with the Los
Angeles County Traffic and Lighting Division, Caltrans, and Magic Mountain Park Schedules was vital in
preparing the Traffic Control Plans.
Staff Augmentation (Caltrans District 8) - Project coordinator for staff augmentation at Caltrans District
8. ADVANTEC provided qualified personnel to perform professional services to assist Caltrans in the
review and analysis of traffic impact studies, parking studies and weaving analysis. Using the knowledge
of civil engineering principles, the team was able to assist in all tasks with accurate computations and
engineering decisions. Also assisted Caltrans with construction Transportation Management Plans (TMP)
consisting of determining the TMP needs, estimation of TMP costs, review and preparation of reports to
identify mitigation measures of traffic congestion due to major construction projects, and advising
Caltrans project managers of TMP activities.
San Bernardino Valley Coordinated Traffic Signal System and Coordination, Tiers 3 and 4, San
Bernardino Associated Governments (SANBAG /SBCTA) (San Bernardino County, CA) - Deputy Project
Manager for traffic signal interconnect design and traffic signal coordination along major corridors
within the San Bernardino Valley. Tiers 3 and 4 project is the continuation of a 4 tier program approved
by the San Bernardino Associated Governments (SANBAG) to coordinate all major corridors within the
San Bernardino Valley basin. The Tiers 3 and 4 project synchronized over 600 traffic signals along many
north/south major arterials within the San Bernardino Valley covering over 15 jurisdictional boundaries.
With the cooperation of all jurisdictions (Caltrans, Chino, Chino Hills, Colton, Fontana, Highland, Loma
Linda, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, County of San Bernardino, Upland,
and Yucaipa) travelers are able to cross jurisdictional boundaries seamlessly saving time, money and fuel
emissions. As the Deputy Project Manager, coordinated with all the jurisdictions, and managed a team
to prepare over 250 signal modifications with wireless interconnect technology within an eight (8)
month period. Responsible for supervising and coordinating the synchronization of over 600
intersections.
San Bernardino County Transportation Authority (SBCTA) Call for Projects Application (Yucaipa, CA) -
Project Manager for preparing a grant application for the City of Yucaipa. SBCTA issued a Call for
Projects in response to the Mobile Source Air Pollution Reduction Review Committee (MSRC) to
accelerate the implementation of traffic signal coordination, ramp metering, and technology
enhancement projects, with the objective to improving traffic flow and air quality. The grant to close the
interconnection gap along Yucaipa was at the top of the SBCTA call for projects list.
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Packet Pg. 289 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Edward Miller, Jr., PE, TE
Task Leader
Ed Miller is a Principal for ADVANTEC. He has over 36 years of civil and
traffic/transportation engineering and project management
experience on Caltrans, freeway, arterial highway, and local agency
projects and public transportation funding measures throughout
Southern California and the Western US.
Relevant Projects:
First Avenue Bridge Replacement over BNSF Railway, Barstow, CA –
ADVANTEC’s Senior Traffic Engineer on the Kleinfelder/Simon Wong
project team for the replacement of the First Avenue Bridge across
the BNSF Railway mainline tracks and yards for the City of Barstow.
Work included the preparation of a Traffic Impact Analysis and Multi-
modal study in support of the project’s environmental document.
Work also involves coordination with future traffic growth in the City
and with the Barstow’s portion of the SANBAG San Bernardino Traffic
Area Model (SBTAM).
Caltrans District 8 On-call Traffic Engineering Services, Riverside and
San Bernardino Counties, CA - Project Manager for on-call traffic
engineering services to Caltrans District 8. Recent work has included
AM and PM peak hour traffic signal coordination along twenty
individual freeway on/off ramp closure detour routes on the SR 91
Freeway widening through downtown Riverside.
Arterial Street Intersections Traffic Signal Modification – Arcadia, CA
Project Manager in the development of the Plans, Specification and
Estimates (PS&E) for traffic signal modifications at the following
arterial street intersections in the City:
• Duarte Road/Baldwin Avenue
• Duarte Road/First Avenue
• Duarte Road/Second Avenue
• Huntington Drive/Holly Avenue/Campus Drive (directly
adjacent to Santa Anita Park Gate 3)
Improvements conformed to the Caltrans Standard Plans, the CA
MUTCD and the Caltrans Traffic Manual.
California Traffic Engineer Exam – CA Board of Professional
Engineers - Mr. Miller has been a California Board of Professional
Engineers and Land Surveyors Committee Member responsible for the
test question development, implementation and scoring on the
California Traffic Engineers Exam. Responsibilities included Mr. Miller having a thorough understanding of
the California Manual on Uniform Traffic Control Devices in developing test questions, correct answers and
"common mistake" answers for the TE Exam.
Registration:
Civil Engineering:
CA 47615, AZ
Traffic Engineering:
CA 2084
Years of Experience: 36
Years with Firm: 9
Education:
B.S., Civil Engineering,
Pennsylvania State University,
1983
Professional Affiliations:
California State Board for
Professional Engineers and
Land Surveyors – Civil and
Traffic Engineering Exam
Committees
Publication:
Design of Two Lane Roadways
in Difficult Terrain, 1995
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Packet Pg. 290 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Road Safety Audits, Western United States – Project Manager for conducting road safety audits on 1100
miles encompassing the following state highways:
• SR 76, 78, 79, 86, 94, 98, 111 and 115 throughout San Diego, Riverside and Imperial Counties
(Caltrans District 8)
• US 15 in Culpepper, CA (VA DOT)
• US 6/191/666 in eastern Utah (UDOT)
• US 93 south of Polson, Montana (MT DOT)
• Utah 132 east of Hephi, UT (UDOT)
• US 30 east of McCammon, ID (ID DOT)
• US 95 south of Boulder City, NV (NV DOT)
• AZ 260 along Mogollon Rim (ADOT)
Work involved video log inventory of existing roadway features, accident analysis, spot speed studies,
developing rough order of magniturde construction costs for improvements and preparing road safety audit
report for the various DOTs.
Sierra Highway Road Safety Audit, Los Angeles County, CA - Project Manager for a road safety audit along 20
miles of Sierra Highway in mountainous terrain in northern Los Angeles County. Work included video log
inventory of existing roadway conditions, accident analysis, spot speed studies, local community outreach
and report preparation, documenting results and report preparation for use by Los Angeles County
Department of Public Works staff and County Supervisors.
Traffic Engineer - John Wayne Airport, Orange County, CA - Fifteen years of on-call traffic engineering
services to John Wayne Airport. Work has included QA/QC review of consultant design plans, responding to
Contractor RFI's and addressing vehicular/pedestrian traffic safety issues for the terminal roadways and
parking lots. Project experience included:
• Preliminary design of cell phone “waiting lot” with Airport Architect
• Traffic design oversight of Terminal C expansion
• Traffic design oversight of Parking Structure C
• Terminal C construction access modifications to Airport Way
• Traffic design for East Parking Structure
• Ground Transportation Center layout
• Traffic support on upper level roadway and parking structure seismic retrofit
• Traffic support in developing Airport’s threat level security response after “9/11”
Imperial Highway (SR 90)/La Palma Avenue, Anaheim, CA - Senior Project Engineer for the Imperial Highway
(SR 90) Smart Street improvements at La Palma Avenue. Work included project coordination with the
Caltrans District 12 Imperial Highway grade separation project of the BNSF Railway and Orangethorpe
Avenue/Esperanza Road.
Imperial Highway Smart Street, Cities of La Habra, Fullerton, Brea, CA - Project Manager for development of
a Precise Alignment Study and the PS&E package for the Imperial Highway (State Route 90) Smart Street
Improvements from the Los Angeles/Orange County line to Rose Drive; a distance of 8.5 miles. This project
traversed through the Cities of La Habra, Fullerton, Placentia, Brea and Yorba Linda.
Ocean Boulevard Improvements, Port of Long Beach, CA - Project Manager for development of traffic
scope and prevailing costs, checking traffic data discrepancies and completeness of project applications.
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Packet Pg. 291 Attachment: PW.On-Call Traffic Engineering.Advantec Exhibit A - Attachment 2 (6067 : Award of as Needed On-Call Traffic Engineering
Jose Guedes, TE
Task Leader
Jose Guedes is a senior engineer and the team leader in the Traffic
Signal Synchronization practice for ADVANTEC. He has over 29 years
experience in traffic forecast/modeling, traffic operations and
engineering, including 23 years in traffic signal sychronization project
management on over 2500 intersections.
2017 Corridor Operations Performance Report (OCTA, CA) – Project
Manager. Orange County Transportation Authority (OCTA) initiated
the Regional Signal Synchronization Program to improve corridor
performance in Orange County by coordinating traffic signals across
local agency boundaries. In order to monitor the long-term
performance of the coordinated corridors and prioritize potential
future coordination projects, OCTA developed a biannual corridor
performance monitoring process in 2011 to conduct an evaluation of
the corridor operational performance for arterials in the Orange
County Signal Synchronization Network. The 2011 performance
assessment was set as the baseline conditions for Orange County
corridors. Two additional Corridor Operational Performance Reports
were prepared in 2013 and 2015. This project involved performing
floating car surveys on 90 arterial corridors, approximately 770 miles,
throughout Orange County. Travel time surveys were collected using
GPS devices during AM, Midday and PM peak hours. Data was then
summarized, and operational performance was estimated using
Corridor Synchronization Performance Index and compared to
previous years.
SR-91 Origin-Destination Survey (OCTA/System Metrics, CA) – Project
Manager. Survey consisted of installation of Bluetooth sensors for
collection of vehicle ID data and determination of route path for
westbound vehicles passing by Lakeview Avenue interchange at SR-91
and heading towards southbound SR-55 or westbound SR-91. Project
included installation of 6 Bluetooth sensors, data collection for two
weeks, analysis of data and determination of Origin-Destination
percentage distribution between Lakeview Avenue and SR-55/SR-91.
I-15 Origin-Destination Survey (RCTC/Stantec, CA) - Project Manager.
Survey consisted of installation of Bluetooth sensors for collection of
vehicle ID data and determination of route path for vehicles along I-15
between SR-60 and SR-91, and along SR-60 and SR-91. Project
included installation of 11 Bluetooth sensors, data collection for one
week, analysis of data and determination of Origin-Destination
percentage distribution between each of the 11 locations.
Arterial Performance Measurement System – Design and
Specifications Development (Culver City, CA) – Project Engineer.
ADVANTEC helped the City of Culver City to develop and submit a
Registration:
Traffic Engineering, CA TR1861
Years of Experience: 29
Years with Firm: 9
Education:
M.S, Transportation
Engineering, University of
California, Irvine, 1990
B. S., Civil Engineering,
Universidade de Sao Paulo,
Brazil, 1986
Professional Affiliations:
Institute of Transportation
Engineers (ITE)
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successful grant to L.A. METRO for implementation of a citywide Arterial Performance Measurement System
(APEMS) to support the City’s Adaptive Traffic Control System. ADVANTEC was then selected by the City to
design and develop specifications for the citywide APEMS. The project includes a comparative evaluation of
existing systems functionalities, evaluation of City’s needs, and suitable cost-effective recommendations.
A set of functional specifications will be developed to describe the key functions and accuracy requirements.
ADVANTEC will evaluate the different architectures and business models, discuss their pros and cons with
City staff, and determine the best technical specifications that meet the city’s needs. ADVANTEC will also
provide Engineer’s cost estimates to ensure the design conforms to the project’s grant budget. ADVANTEC
will develop a set of bid documents, assist in the review of bids from APEMS Vendors, help the City to identify
deficiencies against the functional specifications, and identify items that may require further clarifications
from the bidders.
Fairview Road Corridor Traffic Signal Coordination Project (Costa Mesa, CA) – Project Manager. The City of
Costa Mesa, in partnership with the City of Santa Ana, was awarded a grant by the Orange County
Transportation Authority (OCTA) Regional Traffic Signal Synchronization Program (RTSSP - Project P) for the
Fairview Road Corridor Traffic Signal Coordination Project. The project includes coordinating traffic signal
timing and providing necessary upgrades to traffic signal infrastructure including integration and
improvements to monitor signals at City’s Traffic Management Center. The Fairview Corridor contains 34
signals between Garden Grove Boulevard and Newport Boulevard and runs 8.5 miles crossing the
jurisdictions of Costa Mesa, Santa Ana and Caltrans.
ADVANTEC was selected to conduct this Design-Build project, which consists of updating timing parameters
using latest CA-MUTCD, development of signal synchronization (34 signals), and includes the design and
installation of: wireless communications, Fiber-Optic cables, Radar vehicle detection, GPS-based preemption,
CCTV cameras, and replacement of cabinets and controllers. Project also includes a two-year operation and
monitoring phase, with monthly travel time surveys and synchronization timing monitoring.
SANBAG Tier 3 & 4 Traffic Signal Synchronization (San Bernardino County, CA) - Project Manager. Jose was
responsible for signal synchronization project consisting of approximately 700 signalized intersections and 15
separate jurisdictions in the San Bernardino Valley. Managed the development, implementation, and fine
tuning of new signal timing, working with each agency to monitor and fine-tune timing plans after field
implementation.
Riverside Freeway Widening Project – Detour Signal Timing (Caltrans District 8, Riverside, CA) – Project
Manager. Project consisted of development, implementation and monitoring of signal timing plans along the
detour routes during construction of new bridges and access ramps for SR-91 freeway widening. Project
included City of Riverside and Caltrans signals.
I-10/Riverside Avenue Interchange Project – Detour Signal Timing, SANBAG (San Bernardino County, CA) -
Project Manager. Jose was responsible for development, implementation and monitoring of signal timing
plans along the detour route and adjacent interchanges during construction of new freeway interchange.
Transportation Management Center Operation - ITRAC (Irvine, CA) – Associate Engineer. Responsible for
daily operation of TMC. Responded to residents’ inquiries and complaints. Interfaced with city inspectors
and police department to adjust signal timing and alleviate traffic congestion caused by lane closures due to
road construction or traffic incidents. Managed traffic signal synchronization projects (TSSP). Developed and
implemented signal synchronization along most corridors in the city. Oversaw the migration of VMS-330
system and 820-A controllers to ACTRA and Type 2070 controllers.
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Sheilah Neff
Key Support
Ms. Neff has over 35 years of experience in the civil engineering industry
specializing in transportation engineering design. Prior to MNS, Sheilah
worked for Caltrans District 8 where she served in various roles ranging
from engineering design, construction management and contract
administration, and program and project management. She began her
career with Caltrans District 7 as Assistant Resident Engineer/Roadway
Inspector for a highway improvement project. Her extensive experience
involves hundreds of design projects ranging from stormwater channel
improvements to large-scale highway/roadway improvements.
Project Experience:
Caltrans District 8 (Corona, Fontana, and San Bernardino, CA) – Various
Roles. For nearly 30 years, Sheilah held various roles and worked
on hundreds of transportation projects where she provided
engineering design, construction management and contract
administration, and program and project management. Her roles
involved:
• Oversight Engineer. The I-10 Design-Build project required the
partnership of the San Bernardino County Transportation
Authority (SBCTA) and other local agencies during the
procurement process of the Design-Build (DB) Request for
Proposals (RFP), including Technical Provisions (TP), Instruction
for Proposers (ITP), and Toll Service Providers (TSP). Tasks
involved reviewing and approving Alternative Technical
Concepts (ATC) and key personnel resumes submitted by the
proposers; and coordinating with the Federal Highway
Administration (FHWA) on the review and approval process of
the Project Approval and Environmental Documents (PAED)
including Geometric Approval Drawings (GADs), Fact Sheets,
and exceptions to the Design Standards. Additional duties
included monitoring utility relocation and right-of-way
process; and attending all meetings and overseeing project
progress, schedule, and cost.
• Independent Quality Assurance Engineer. For the State Route
91 Design-Build project, Sheilah performed Independent
Quality Assurance (IQA) and complex oversight inspection
tasks in partnership with the Riverside County Transportation
Commission (RCTC). Responsibilities included monitoring and
ensuring the contractor’s compliance with the approved
Quality Assurance/Quality Control (QA/QC) technical program,
applicable codes, plans, standards, and specifications;
documenting QA deficiencies using the Non-Compliance
Report (NCR); and coordinating, reviewing, and tracking utility
relocation; sampling, verifying, accepting, and coordinating
Registrations:
Engineer-in-Training, CA No.
102277
Years of Experience: 35
Years with Firm: 1
Education:
BS, Civil Engineering, California
State University, Long Beach,
CA 1994
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testing of construction materials. She also ensured project safety and monitored maintenance of
traffic (MOT), and tracked Best Management Practice (BMPs) in conformance with Stormwater
Pollution Prevention Plan (SWPPP).
• Construction Manager/Contract Administrator. Duties involved reviewing and approving contract
change orders submitted by the Resident Engineers for justification, consistency, and compliance
with the project plans and specifications; processing estimates for contractor payments; and
coordinating pre-bid inquiries from the contractors. She served as a resource on contract
administration; interacted with field staff, other divisions, headquarters, consultants, and other
construction support units related to active construction contracts; and monitored and evaluated
the District’s contract progress.
• District Design Office Engineer. Tasks involved preparing, reviewing, and approving final plans,
specification, and estimate (PS&E) package for all of the District's projects and transmitting to
headquarters for advertisement. She also maintained and furnished current information on
standard special provisions, contract item codes, and unit prices for the District staff; and monitored
current work progress and upcoming work schedules, reporting the status to project control
meetings.
• Traffic Design Engineer. Responsibilities included preparing maintenance of traffic plans (MOT),
signing and roadway delineation plans, detour plans, stage construction plans, and specifications
and estimates; designing and ordering sign panels and posts; and gathering field information
pertaining to signing, striping, markings, volumes, congestions, and other related traffic matters. She
provided field review on construction projects for proper traffic handling, signing, striping, detours,
and potential problems; and prepared various technical reports. Projects included I-215 from Down
Street Overhead to Columbia Avenue Overcrossing; State Route 60 from Main Street and I-15/State
Route 60/State Route91 Separation; State Route 91 from South of University Avenue Undercrossing
to I-215/State Route 60/State Route 91 Separation.
• Contract Manager and Project Manager/Assistant Project Manager. Sheilah reviewed proposals and
managed consultant selections, ensuring the State received the quantity of services for which the
State has contracted at the agreed upon price. Tasks involved administering the contract and
monitoring the contractor’s performance; and acting as a liaison with the contractor and performing
tasks ranging from the request of contract services through the monitoring of the contract
performance and final payment of services completed. As Project Manager/Assistant Project
Manager, Sheilah served as the single focal point, coordinated, and monitored the project
development process; served as the liaison between the State, local agencies, and consultants; and
performed analytical and technical duties including project planning, scheduling, monitoring
progress, and reviewing engineering reports. She used various task management programs and
applications to coordinate and allocate resource hours. She developed reports on program
management and project status.
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smart cities
connec ted vehicles
traffic engineering
traffic signal syn chronization
in telligent transportation systems
transportation planning/de sig n
landscape architecture
active transporta tion
civil engine ering
public works
1200 Roosevelt • Ir v ine , C A 92620 • Te l: (949) 861 -499 9
217 0 0 Copley Dr ive , Suite 3 5 0 • Di amond Ba r, C A 9 1 765
445 S. Figueroa St., 31st Floor, Los Angeles , C A 9007 1
73710 Fred Waring Dr., Suite 120, Palm Desert, CA 92260
1300 Cl ay Stre et, Suite 6 00 • O akla nd , C A 9 4 612
320 0 E. Gua sti Rd., Suite 100 • Ontario, C A 9 1 761
111 North Market Street, Suite 300 • S an Jose, C A 95113
1008 W. Ave. M14, Suite A/D115 • Palmdale , C A 93551
506 Second Ave., Suite 1400 • Seattle , WA 98104
w w w.advante c -u s a .c o m
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
This Agreement is made and entered into as of ___________ ___, 2019 by and between
the City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower, 290
North D Street, San Bernardino, CA 92401 (“City”), and Advanced Applied Engineering, Inc.
dba Infrastructure Engineers, a California Corporation with its principal place of business at
3060 Saturn Street, Suite 250, Brea, CA 92821 (hereinafter referred to as “Consultant”). City
and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as
the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES (hereinafter referred to as
“the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a.Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b.In no event shall the total amount paid for services rendered by Consultant
EXHIBIT "B"12.d
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under this Agreement exceed the sum of $100,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant’s services which
have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2020, unless the Agreement is previously terminated as provided for herein
(“Term”) with one (1) year extension at the City’s option. Option one year, if exercised, shall be
effective July 1, 2020 through June 30, 2021.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
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describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
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until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
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c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Required
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(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Yunus Rahi, PE as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Trish Rhay
Director of Public Works Department
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Infrastructure Engineers
473 E. Carnegie, Suite 242
San Bernardino, CA 92408
Attn: Farzad Dorrani
Chief Executive Officer
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
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authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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ENGINEERSINFRASTRUCTURE
Proposal for On-Call Traffic Engineering ServicesThe City of San Bernardino
February 21, 2019
Prepared for:12.d
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3060 Saturn Street, Suite 250
Brea, CA 92821
Tel.: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
February 21, 2019
Mahmoud Khodr
City of San Bernardino
Public Works Department, Engineering Division
201 North "E" Street, 2nd Floor
San Bernardino, CA 92418
Subject: Proposal for As Needed, On-Call Traffic Engineering Services
Dear Mr. Khodr,
Infrastructure Engineers is pleased to present this proposal to the City of San Bernardino for traffic
consulting and engineering services. We have the distinct pleasure of serving the City of San
Bernardino Public Works Department through an on-going services contract for two of our staff. In
addition, we are currently providing engineering design services for an ATP-funded sidewalk gap
closure project. Now we are excited about the opportunity of providing traffic engineering services
to assist your City Traffic Engineering Section.
Our overall project approach is client-focused, where all elements of our system are organized to
provide services on time and that consistently exceed your expectations. Due to our commitment to
our clients’ success, many of our relationships with municipalities are long-term. Therefore, we
believe we have an in-depth understanding of our role and your expectations. Our success lies in
your success in meeting the needs of your community. For that reason, we have assigned Yunus
Rahi, PhD, PE, TE, as our proposed Project Manager and QA/QC reviewer of all work done under
this contract. Yunus has 25 years of experience in traffic and transportation engineering, civil
engineering and planning projects. He was the contract City Traffic Engineer for the cities of San
Bernardino, Alhambra, Temple City, Monrovia, Commerce and Monterey Park. His experience with
the City of San Bernardino provides Yunus with in-depth knowledge of your operations and
expectations.
We consider ourselves to be your best candidate for this contract for the following reasons:
Infrastructure Engineers, specifically our proposed Project Manager, Yunus Rahi, has
successfully provided identical services for more than 25 years.
Yunus has extensive project experience managing multiple deadlines, multiple funding sources
and requirements, and communicating effectively with multiple project stakeholders.
Our team includes practicing licensed civil engineers, which eliminates the need for hiring a
separate civil engineer on any design tasks assigned. Our traffic engineering decisions are
more comprehensive since we would also consider any civil engineering aspects in those
decisions.
We will be an integral part of the City’s team and our goal is to be a seamless extension of
City staff.
We are available and enthusiastic! We want to work hard for the City of San Bernardino, as we
are doing now, while providing personal attention to every detail.
We are currently providing services identical to your required services for a number of cities in
Southern California. Every member of the Infrastructure Engineers team is intimately familiar
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Contents
1. Scope of Services .................................................................................................................................. 1
2. Project Staff and Qualifications ............................................................................................................ 5
3. Similar Projects and References .......................................................................................................... 15
4. Availability of Staff ............................................................................................................................. 20
5. Subconsultants ..................................................................................................................................... 20
6. Statement of Local Preference ............................................................................................................ 20
7. Items, Actions or Information to be Provided by the City .................................................................. 21
8. Services to Improve Traffic Engineering ............................................................................................ 22
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1. Scope of Services
Infrastructure Engineers’ scope of services for the City of San Bernardino’s On-call Traffic Engineering
Services will include all the assignments and services indicated by the City’s Request for Proposal (RFP)
and as directed and assigned at the discretion of the City’s Traffic Engineer. Our approach to this kind of
traffic engineering services contract is developed from Infrastructure Engineers’ decades of experience
and the experience of our engineers in providing civil and traffic engineering services to municipalities as
well as private sector clients. Infrastructure Engineers is proposing Yunus Rahi, PhD, PE, TE, as project
manager and primary contact point for the City. Every assignment will be managed and monitored by
Yunus to ensure consistency in service and follow-through. Yunus will guide and communicate with the
team to work on each on-call assignment and will provide daily and weekly updates to the City Traffic
Engineer. The status of each project will be discussed at weekly meetings with the City and all issues will
be brought up for decision and direction by the City to ensure timely delivery of the desired projects
within budget.
Infrastructure Engineers will serve as an extension of City staff on these assignments. This includes
meeting with City’s staff regularly and remaining in constant communication with them to ensure
successful and timely delivery of the project. Meetings, as necessary, will be conducted for which agenda
notices will be distributed at least two working days before each meeting. Meeting minutes will be
distributed within one week of the meeting and will identify action items, assignments and due dates. For
each project or assignment, a Project Status Report will be provided that identifies tasks completed and
planned, issues to be resolved and updated project schedule trends. These reports will serve as a primary
tool in monitoring project progress and keeping the City’s staff informed.
Our Project Manager, Yunus, will conduct progress review meetings internally with Infrastructure
Engineers assigned staff on a regular basis to update the City on project development and critical tasks.
Prior to releasing any document to the City or other agencies, an extensive review will be performed by
both the Project Manager and our QA/QC Team.
The following paragraphs detail the scope of work, specific methodology and work plan for on-call
traffic engineering services described in the City’s RFP.
Traffic Engineering Studies, Designs and Surveys
Per requirements indicated in the RFP, Infrastructure Engineers’ assigned Project Manager and
professionally registered traffic engineer and civil engineer will prepare or directly supervise preparation
of traffic studies including traffic impact analysis, warrant studies for new traffic signal, all-way stop
controls and left-turn phasing analyses, various street improvement and traffic impact mitigations,
accident analysis reports, engineering and traffic surveys per California Manual of Traffic Control
Devices (CA-MUTCD) to update City’s posted speed limits on major and collector street segments, etc.
The traffic engineer will also prepare design plans for street improvements as well as review such
designs prepared by other public or private consultants. The traffic engineer will also review and
comment on traffic studies prepared for public or private projects by professionally registered traffic
engineers or transportation planners starting from the study’s scope of work determination phase. Our
traffic engineer will collect all pertinent information about the project from the project applicant and the
City’s records. As a preparer of numerous traffic study reports, our traffic engineers are highly
experienced with local and regional guidelines and policy/procedures for preparing traffic studies. The
traffic engineer will review the study for the data, assumptions and methodology used and completeness
per scope. The critical calculations will be checked manually as well as using traffic engineering
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software as necessary. The traffic engineer will prepare a list of precise comments to be
addressed in a revised study if needed. The final review will be completed upon submittal and a
recommendation will be prepared for the study’s approval or corrections, as necessary, within one week.
Our traffic engineer will also represent the City in any community meetings, planning commission and
City Council meetings and hearings on projects.
Traffic Studies
Our registered traffic engineer will perform warrant studies in response to any requests from the City for
traffic signal or stop sign installations. These warrant studies will be based on various warrants specified
in the CA-MUTCD. Our trained personnel will perform a comprehensive field investigation under the
traffic engineer’s supervision and will collect all field data required for each type of warrant. This data
typically includes collision history from State Wide Integrated Traffic Records System (SWITRS) of
California Highway Patrol and Transportation Injury Mapping System (TIMS) of University of
California at Berkeley. In addition, 24-hour average daily traffic (ADT) volumes, peak-period turn
movement counts of vehicular, pedestrian and bicyclist traffic and vehicular traffic speed data. Data will
also be collected and reviewed to determine if the relevant warrants are satisfied for signal or stop sign
controls at the intersection. Our traffic engineer will perform comprehensive research and analysis of
relevant data and prepare warrant studies reports in conformance with all federal, state and local
regulations, CA-MUTCD requirements and per City standards, ordinances and regulations. The reports,
documents, plans and maps will have the registered engineer’s stamp and wet signature certifying
accuracy and adequacy. Our traffic engineer will present the studies to the appropriate department,
commission or council meeting. Our traffic engineer will then proceed to prepare design plans, cost
estimates and specifications for any improvements upon direction from City’s Traffic Engineer.
Intersection Design Plans, Including Traffic Signal Plan
The traffic engineer assigned to prepare these traffic signal, street improvement and traffic control and
detour plans will promptly collect all relevant traffic control needs and roadway safety information
required for specific intersections. The CA-MUTCD and other Caltrans Standard Plans and Standard
Specifications will be used in preparing these plans. The plans will have our registered engineer’s stamp
and wet signature certifying accuracy and adequacy.
Staff Reports for City Council or Planning Commission Meetings
Infrastructure Engineers’ engineers and support staff will prepare traffic-related staff reports for
presentation to the Planning Commission or City Council as directed by the City. These staff reports will
be complete with data and information collected from staff records and as collected by Infrastructure
Engineers’ personnel. The reports will be submitted to the City at least two weeks in advance of such
meetings so they can be distributed to the Planning Commission and City Council members for their
review and preparation for the meetings. Our staff will be available to answer any questions the City may
have about these reports and we will also be present at these meetings to address any public comments.
Meetings with Public Works Staff and Other City Departments
Infrastructure Engineers’ project manager or appropriate engineer will be available to meet with City’
public works staff or any other department staff, as needed, and provide professional input and written
comments on the items discussed in the meetings.
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Meetings with Project Applicants and Developer
Infrastructure Engineers’ project manager or appropriate engineer will be available to meet with the
applicant or developer’s representatives of any development projects, per direction of the City, and we
will provide professional input and written comments on the items discussed in the meetings.
Attendance at the City’s D/ERC, Planning Commission or City Council
Meetings
Per the City Traffic Engineer’s direction, we will have our traffic engineer attend the City’s scheduled
Development/Environmental Review Committee meetings as well as Planning Commission and City
Council meetings, and we will actively participate and provide written comments on traffic engineering
items discussed.
Meetings with the Staff of SBCTA and Caltrans
Infrastructure Engineers’ traffic engineer will attend meetings held at regional agencies, such as San
Bernardino County Transportation Authority and Caltrans District 8 as a representative of the City, at the
direction of the City, and we will provide professional input and written comments on the items
discussed in the meetings
Review and Comments on Plans and Studies by Others
Infrastructure Engineers’ professionally registered traffic engineers or transportation planners will review
and comment on traffic studies prepared for public and private projects by beginning from the study’s
scope of work determination phase. Our traffic engineer will collect all pertinent information about the
project from the project applicant and the City’s records. As preparers of numerous traffic study reports,
our traffic engineers are highly experienced with local and regional guidelines and policies and
procedures for preparing traffic studies. The traffic engineer will lay down all key requirements and
issues to be addressed in the study and communicate on behalf of the City with applicant’s representative
clearly and precisely so that expectations are fully met when the study is delivered for review. The traffic
engineer will review the study for data, assumptions and methodology used and completeness per scope.
Critical calculations will be checked manually as well as using traffic engineering software, as necessary.
The traffic engineer will prepare a list of precise comments to be addressed in a revised study, if needed.
The final review will be completed upon submittal and a recommendation will be prepared for the
study’s approval or corrections, as necessary, within a week. Our traffic engineer will also represent the
City in any community meetings, Planning Commission and City Council meetings or hearings on the
reports.
Determine Need for Traffic Controls and Recommendations for Traffic
Ordinances, Resolutions and Traffic Impact Mitigation
Upon the City’s Traffic Engineer’s request and direction, our traffic engineer will review and determine
needs for specific traffic controls at intersections or street segments, including traffic signals, traffic and
parking control signs and markings, posting of speed control signs, etc. Our traffic engineer will prepare
recommendations for any traffic ordinance or City Council or Planning Commission resolutions, as
requested. Our traffic engineer will also review any traffic impact mitigation plans, strategies or
programs proposed by private developers and prepare written recommendations on their effectiveness
and applications based on specific project.
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Other Duties as Assigned by City Traffic Engineer
Our traffic engineer will be available to assist the City’s Traffic Engineer as requested for any traffic
engineering project. The description of some typical additional services Infrastructure Engineers provide
are shown on the following page.
GIS Mapping
Infrastructure Engineers will assign an industry-trained and experienced engineer to provide GIS
mapping services to the City. Our Engineer’s experience in using ArcMap to create GIS maps and
databases for various CIP projects for cities in Southern California will be applied to provide high-quality
GIS mapping services. Our GIS mapping services will typically include creating databases and exhibits
of citywide roadway networks for application in Pavement Management System (PMS) reports, citywide
bus shelter locations, and other location maps. For PMS report map exhibits, citywide inventories of
existing roadways will be color-coded to differentiate varying roadway conditions based on pavement
condition index (PCI) scores. Our GIS staff regularly use the Los Angeles County GIS Data Portal to
download and manipulate data on ArcMap for the purpose of locating underground utilities as well as
verifying right-of-way and parcel information. We will provide these services and any other GIS
mapping services that City will need to be provided.
Conceptual Engineering and Presentation for Grants and Regional Transportation
Planning
Infrastructure Engineers staff have extensive project-specific experience in writing grant applications and
securing funding for municipalities and local agencies over the years. We will prepare engineering
conceptual plans, reports and documents under City’s direction and guidance for submittal and
presentations to grant agencies, including Metropolitan Transportation Authority (METRO), Caltrans,
Southern California Association of Governments and other regional transportation planning agencies.
Traffic Control Plans for Capital Improvement Projects
Infrastructure Engineers staff have a proven record of successfully managing capital improvement
projects and other roadway and traffic engineering construction projects for a number of Southern
California cities and municipalities. Our registered traffic engineers have prepared numerous traffic
control and detour plans for construction projects when needed while keeping traffic and pedestrian
convenience and safety as the primary objective. The traffic engineer assigned to these tasks for the City
will promptly collect all relevant traffic control needs and roadway safety information upon a request
from the City and prepare the appropriate plans for application to the specific projects. The CA-MUTCD
and Caltrans Standard Plans and Standard Specifications will be used in preparing these plans. The plans
will have the registered engineer’s stamp and wet signature certifying accuracy and adequacy.
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Project Manager &
QA/QC
Yunus Rahi, PhD, PE, TE
Principal‐in‐Charge
Steve Forster
Traffic Signal/Stop Sign
Warrant Studies
Dennis Barnes, PE, TE
Steve Hilton, TE
Engineering Associate
Aidan Mousavi, MBA, EIT
Traffic Control Plan/
Traffic Impact Analyses
Yunus Rahi, PhD, PE, TE
Steve Hilton, TE
Engineering Associate
Shawn Mousavi, MS, EIT
GIS Mapping
Kevin Roque, EIT
Engineering Assistant
Brenda Corona
2. Project Staff and Qualifications
Our project manager will rely on his team of specialists for their experience in applicable tasks to keep
the City’s traffic moving efficiently. This section provides a team organization chart and resumes of key
staff.
Infrastructure Engineers’ Project Manager
Our assigned Project Manager, Yunus Rahi, PhD, PE., TE, is a California-registered professional civil
and traffic engineer with over 25 years of professional traffic engineering experience. All work assigned
by the City will be performed by him or under his direction and guidance. Yunus’ has served as a
contract or consultant City Traffic Engineer to a number of Southern California cities, most recently to
the City of Huntington Park, through Infrastructure Engineers. He has provided the very same services
required by the City of San Bernardino. In addition, he prepared all reports addressing citizen concerns of
traffic issues and items and presented to the City’s Traffic Authority (Traffic Commission) meetings for
consideration and approval. He was assigned to conduct these public meetings on a monthly basis and
prepared traffic work orders for the public works staff to be implemented.
Team Organization
Our organization chart is shown below with resumes of our proposed staff provided on the following
pages.
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Staff Resumes
Yunus Rahi, PhD, PE, TE – Project Manager & Traffic Control Plans/Traffic
Impact Analyses
Yunus Rahi, PhD, has more than 25 years of experience in major civil
engineering, traffic and transportation engineering, and planning projects.
He was the contract Deputy City Engineer for the City of Temple City;
Consultant City Traffic Engineer for the cities of Alhambra, Temple City,
Monrovia, Commerce, Monterey Park, and San Bernardino; and Resident
Engineer for public works construction projects funded by federal, state,
local governments, SRTS, SR2S, HSIP, STPL, MTA and ARRA
programs. Yunus was the Program Manager for capital improvement
projects for local agencies, including applications for project funding,
federal and state funds reimbursement requests, local agency disadvantaged business enterprise plan
preparation and renewals, federal and state fund obligation and project close-out reports, attendance and
representation in agency and community meetings; and successfully completed major civil,
transportation and traffic engineering projects for various local cities and agencies, school districts,
private developers, as well as regional, county, state and federal government agencies in Southern
California.
Relevant Experience
The following traffic signal, multi-way Stop control and left-turn phasing warrant studies were prepared
in recent years for the following projects per CA-MUTCD warrants and methodology using 2-hour ADT
approach Volume data, peak hour turn volume for vehicular, pedestrian and bicycle traffic data, collision
history from SWITRS and TIMS, vehicular traffic speed, delay and school children crossing concerns,
geometric configurations and sight distance issues, etc.:
City of Baldwin Park: Signal Warrant Study for the intersection of Olive Street and Phelan Avenue
City of Baldwin Park: All-Way Stop Warrant Study for the intersection of Vineland Avenue and
Whitsell Street
City of Bell Garden: Left-turn Phasing Warrant Study for the signalized intersection of Florence
Avenue and Scout Street
City of Azusa: Traffic Signal Warrant Study for the intersection of Foothill Boulevard and
Palm Drive
City of La Verne: Signal Warrant Study for the intersection of White Avenue and Durward Way
City of Montebello: All-Way Stop Warrant Study for the intersection of Los Amigos Avenue and
Hibiscus Street
City of Montebello: All-Way Stop Warrant Study for the intersection of Madison Avenue and
5th Street
City of Montebello: All-Way Stop Warrant Study for the intersection of Mines Avenue and 4th Street
City of Montebello: All-Way Stop Warrant Study for the intersection of Poplar Avenue and
Fremont Square
Education
PhD, Civil Engineering
MS, Civil Engineering
BS, Civil Engineering
Registrations/Certifications
Registered Civil Engineer, CA,
No. 59183
Registered Traffic Engineer, CA,
No. 1726
Years of Experience: 25
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Traffic Control and Detour Plans Preparation Experience
City of Huntington Park: Traffic Control Plan for CicLavia Annual Event in the City of Vernon and
the City of Huntington Park
City of Huntington Park: Traffic Control Plan for Chelsea Park Event in the City of Huntington Park
City of Huntington Park: Traffic Control Plan for Annual 5k Run Event in the City of Huntington
Park
City of Huntington Park: Traffic Control Plan for Middleton Elementary School Event in the City of
Huntington Park
Traffic Signal Engineering Projects
Project Manager, Traffic Signal Plans, Chakemco Street-Wright Road and Atlantic Avenue, City
of South Gate. Designed and prepared new traffic signal plans for the existing uncontrolled (1-way stops
on Chakemco Street and Wright Road), unsignalized intersection for Los Angeles Unified School
District and approved by the City. Developed optimum timing and phasing plans using SYNCHRO, and
prepared construction specifications and estimates.
Project Manager, Traffic Signal Modification Plans, Alameda Street and 41st Street, Long Beach
Avenue and 41st Street, City of Los Angeles. Designed and prepared traffic signal modification plans
for the existing signalized intersections being widened for a private developer and approved by the City
of Los Angeles Department of Transportation. Developed optimum timing and phasing plans using
SYNCHRO, and prepared construction specifications and estimates. Coordinated with various agencies
including neighboring cities and Los Angeles County Metropolitan Transportation Authority (METRO).
Project Manager, Traffic Signal Plans, California Street and Baseline Road, City of San
Bernardino. Designed and prepared new traffic signal plans for the existing uncontrolled (1-way stop on
California Street) unsignalized intersection for the City and approved by the City. Developed optimum
timing and phasing plans using SYNCHRO, and prepared construction specifications and estimates.
Project Manager, Traffic Signal Modification Plans, 5th Street and Center Avenue, 5th Street and
Palm Avenue, 5th Street and Church Avenue, 5th Street and I-210 NB Ramps, 5th Street and I-210
SB Ramps, City of Highland. Designed and prepared traffic signal modification plans for the existing
signalized intersections being widened as part of corridor improvement project for the City and approved
by the City and all regional agencies including Caltrans. Developed optimum timing and phasing plans
using SYNCHRO, and prepared construction specifications and estimates. Coordinated with various
agencies including neighboring cities and Caltrans.
Project Manager, Traffic Signal Modification Plans, Arrow Highway and Juniper Avenue, City of
Fontana, CA. Designed and prepared traffic signal modification plans to include left-turn phasing for the
existing two-phase signalized intersection for a private developer and approved by the City. Developed
optimum timing plans using SYNCHRO, and prepared construction specifications and estimates.
Project Manager, Holt Avenue Traffic Signal Interconnect Plan, City of Pomona. Designed and
prepared plans for interconnect system for the City involving 15 signalized intersections, approved by the
City and METRO. Developed optimum timing plans using PASSER II-90, and prepared construction
specifications and estimates.
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Dennis Barnes, PE, TE – Traffic Signal/Stop Sign Warrant Studies
Dennis Barnes is a traffic and transportation engineering project manager
with 39 years of experience. He has designed more than 130 traffic signals
throughout California as well as managed the preparation of plans,
specifications and estimates (PS&E) for precise roadway alignments and
prepared intersection designs and drainage studies. Dennis served as the
City Traffic Engineer for the cities of Norwalk, Mission Viejo, Tustin,
Hawaiian Gardens, and Yorba Linda and as the Traffic and Transportation
Manager/City Traffic Engineer for Buena Park. He has managed and
prepared traffic studies and design plans for various traffic and transportation engineering projects
throughout Orange, Riverside, San Bernardino, San Diego, and Los Angeles Counties, including
numerous traffic impact studies for special land development and environmental impact report (EIR)
projects, traffic signal designs and traffic signal coordination projects for Orange County Transportation
Authority (OCTA).
Relevant Experience
Engineering Manager, New Traffic Signal at Long Beach Blvd. and Louise Street Intersection, City
of Lynwood. Manager responsible for managing the project signal design and PS&E for a new traffic
signal in the City of Lynwood. The project involves special geometric design considerations for large
trucks turning onto Louise Street as part of a new shopping center development at this intersection. The
signal design includes field surveys for vertical control, signing and striping, and new raised concrete
median designs on Long Beach Boulevard for controlled access to the site. The signal is being designed
to coordinate with the LA County traffic signal system.
Engineering Services Manager, Traffic Signal Modification and Street Improvements at Beverly
Blvd. and Wilcox Avenue Street Intersection, City of Montebello. Manager responsible for managing
the project signal design modification for new video detection and PS&E for street improvements in the
City of Montebello. The project involves the addition of video detection on all intersection approaches
and the reconstruction of the pavement within the intersection with concrete. The signal design included
field surveys, signing and striping, geotechnical investigations, addition of battery backup system, and
upgrade of signal equipment to current standards. Bid package was prepared and submitted to City.
Engineering Manager, HSIP Cycle 8 Various Street Improvements - Two Traffic Signal
Modifications for Installation of Protected-Permissive Left-Turn Phasing at Eastern Avenue and
Lubec Street and Garfield and Loveland Intersections, City of Bell Gardens. Manager responsible
for managing the project signal design modifications for new video detection and PS&E for street
improvements in the City of Montebello. The project involves the addition of video detection on all
intersection approaches and the reconstruction of the pavement within the intersection with concrete. The
signal design included field surveys, signing and striping, geotechnical investigations, addition of battery
backup system, and upgrade of signal equipment to current standards. Bid package was prepared and
submitted to City.
Education
MS, Civil Engineering
BS, Civil Engineering
Registrations/Certifications
Registered Civil Engineer, CA,
No. 41454
Registered Traffic Engineer, CA,
No. 1171
Years of Experience: 39
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Engineering Services Manager, HSIP Cycle 7 Highway Safety Improvements
Program- Three Traffic Signal Modifications for Installation of Protected-Permissive Left-Turn
Phasing at Garfield Avenue and Whittier, and Signal Hardware and Signal Timing Improvements
at Via Campo and Findlay Avenue and Garfield Avenue and Via Campo Intersections, City of
Montebello. Manager responsible for managing the project signal design modifications for new
protected permissive left-turn phasing, signal hardware and signal timing and PS&E for street
improvements in the City of Montebello. The project involves the addition of protected-permissive left-
turn phasing on all intersection approaches at one intersection, and signal hardware and signal timing
improvements at two other intersections. The signal designs include field surveys, signing and striping,
upgrade of signal equipment to current standards, removal and installation of new K-rail at another
intersection. Bid package was prepared and submitted to City for advertisement.
Steve Hilton, TE – Traffic Control Plans/Impact Analyses/Signal and Warrant Studies
Steve Hilton has more than 35 years of experience in traffic engineering
and transportation planning. He has provided city traffic engineering
support services to the cities of Pico Rivera, Montebello, Monrovia, Bell
Gardens, La Puente, Simi Valley, Solano Beach and Santee. Steve also
served as the City Traffic Engineer for the City of Monterey Park for 13
years. His experience includes preparation of traffic engineering grants,
studies, investigation and response to citizen inquiries and complaints; reviewing traffic accident data;
plan, design, recommendations and supervise traffic improvement projects. Steve also reviews
development projects; prepares conditions of approval, coordinates with consulting firms, as well as
county, state and federal agencies; makes presentations to City Councils, Planning Commissions, Traffic
Commissions, Public Works Commissions, community groups, city departments, consultants, lawyers
and courts. In addition, he is recognized as a traffic accident reconstruction expert and expert witness
Kevin Roque, EIT – GIS Mapping
Kevin Roque has extensive training in civil engineering, public works, and
construction projects. His experience includes engineering design, street
reconstruction design, curb extension design, street overlay design, plan
checking, surveying, construction staking, generating topographic maps,
drafting, construction cost estimates, sewer rehabilitation projects, storm
drains, assisting in project management of CIP projects, creating GIS data
and maps, preparing legal descriptions for street dedications, generating utility notices and coordination
with utility companies, and creating conceptual imagery for exhibits.
Relevant Experience
GIS Technician, Various Projects, City of Rosemead. Responsible for creating city maps showing
recent street improvement locations, right-of-way research, city quadrant map, location maps, and
organizing/modifying GIS data such as storm drain, sewer, and parcel data.
Design Engineer, New Traffic Signal – Long Beach Boulevard and Louise Street, City of Lynwood.
Responsible for the design and development of plans, specifications, and cost estimate for new medians
at the intersection of Long Beach Boulevard and Louise Street to accommodate a new traffic signal and
shopping center. Work included a field survey and detailed field visit.
Education
BS, Civil Engineering
Registrations/Certifications
Registered Traffic Engineer, CA,
No. 2422
Years of Experience: 35
Education
BS, Civil Engineering
Registrations/Certifications
Engineer‐in‐Training, CA,
No. 165234
Years of Experience: 7
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Field Inspector and Design Engineer, Update Pavement Management System (PMS),
City of Baldwin Park. Responsible for inspecting and creating an inventory of the condition of the City
of Baldwin Park’s roadway network. Work included field inspection, generating an Excel inventory
spreadsheet, creating a GIS map and database, using PAVER for data analysis, and assisting in the
creation of a comprehensive report. The GIS map created was a citywide inventory of existing roadways
and was color-coded to differentiate varying roadway conditions based on PCI score.
Design Engineer/GIS, Bus Shelter Improvements Project, City of Baldwin Park. Responsible for
inspecting, creating an inventory, and creating a comprehensive report of all bus stop locations
throughout the City of Baldwin Park. Specific work included creating a GIS map of all bus stop locations
within the City, checking for ADA compliance and damaged PCC, taking photos, creating an inventory
of amenities at each location, creating 3 dimensional renderings of proposed shelter designs, and
generating a comprehensive report of all citywide bus stop locations. Additional responsibilities included
the creation of plans, specifications, and cost estimate for the first phase of new bus shelters citywide.
The GIS map generated was used in the field to document, plan, and organize the inspections.
Design Engineer, Arroyo Drive Improvements from Astra Dr to Rose Glen Ave, City of
Montebello. Responsible for researching an existing damaged storm drain inlet, as well as proposing a
solution to its reconstruction and relocation.
Design Engineer, Various Street Improvements (FY2017-2018), City of Montebello. Assisted in the
creation of plans for a pavement resurfacing project at various locations. Work included right-of-way and
utility research, as well as the creation of a base map, detailed field observations, field surveys, and
signing and striping.
Design Engineer, Alley Rehabilitation and Industrial Streets Rehabilitation Project, City of Brea.
Responsible for the design and preparation of plans, specifications, and construction cost estimate for the
rehabilitation of two alleys and an industrial park in the City of Brea. Work included detailed field visits,
utility coordination and research, and extensive coordination with City staff.
Design Engineer, Frazier Street Pedestrian and Bicycle Safety Improvements Project - Design
Phase, City of Baldwin Park. Responsible for the design and preparation of plans, specification and
cost estimates. Work included utility coordination and research, detailed field observations, drainage
pattern analysis, the design of new curb-extensions at various locations, and new signing and striping to
incorporate a new bike lane.
Design Engineer, San Gabriel River Bikeway Project- Design Phase, City of Baldwin Park.
Responsible for the preparation of plans, specifications, and construction estimate for a new 2.3-mile
bike path along the San Gabriel River and Walnut Creek Wash. The designed focused on having low
impact to the river and wash, with minimal grading needed. Specific work included aerial and field
surveys, detailed field observations, hydrology studies, and signing and striping. The work also
incorporated a design to tie into the City’s proposed Bike Hub located at the Walnut Creek Nature Park.
Design Engineer, San Gabriel River Bikeway Project – Environmental Services and Permits, City
of Baldwin Park. Responsible for the coordination and submittal of necessary forms and documentation
to Caltrans, City of Los Angeles Department of Water and Power, Los Angeles County Flood Control
District, and Southern California Edison for the attainment of encroachment permits for the San Gabriel
River Bikeway Project.
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Shawn Mousavi, MS, EIT – Engineering Associate
Shawn’s experience includes drafting, designing traffic signal plans,
writing traffic signal warrant and stop sign warrant reports, creating cost
estimates, generating specifications, designing street overlays, creating GIS
maps and databases, generating conceptual imagery for exhibits, using
PAVER for data analysis of the street networks, researching and assisting
the City Engineer in preparing permits for construction work in the City of
Montebello. Also, he provides plan check assistance by organizing and
assessing plan check fees from the Building and Safety Department.
Relevant Experience
Engineering Assistant, Signal Warrant Analysis Olive Street and Phelan Avenue, City of Baldwin
Park. Responsible for creating the signal warrant report and verifying the warrant conditions satisfied on
the CA-MUTCD. Designed a collision diagram, conducted an analysis on the collision history of the
intersection, and provided a field review of the existing conditions.
Engineering Assistant, Signal Synchronization and Bus Speed Improvement Design Phase, City of
Huntington Park. Responsible for designing the signal synchronization for three arterial street corridors,
writing the specifications, and calculating the cost estimate to implement the program. This involved
using AutoCAD and GIS for the design of the signal synchronization system.
Engineering Assistant, New Traffic Signal Long Beach Boulevard and Louise Street, City of
Lynwood. Responsible for the design of the traffic signal, striping plans, specifications, and cost
estimate for the new traffic signal intersection. This involved using AutoCAD to create the general notes,
construction notes, conductor schedule, traffic signal plan, and phase diagram for this project.
Engineering Associate, All-Way Stop Sign Crosswalk Warrant Analysis – Poplar Avenue and
Fremont Square, City of Montebello. Responsible for creating the all-way stop warrant report and
verifying the warrant conditions satisfied on the CA-MUTCD. Designed a collision diagram, conducted
an analysis on the collision history of the intersection, and provided a field review of the existing
conditions.
Engineering Associate, All-Way Stop Sign Warrant Analysis – 4th Street and Mines Avenue, City
of Montebello. Responsible for creating the all-way stop warrant report and verifying the warrant
conditions satisfied on the CA-MUTCD. Designed a collision diagram, conducted an analysis on the
collision history of the intersection, and provided a field review of the existing conditions.
Engineering Assistant, SSARP Evaluation Study, City of Bell Gardens. Responsible for creating the
collisions diagrams and field verifying the improvements the city has implemented for their Safe Routes
to School Program. Wrote reports explaining how to improve the overall safety of each school.
Engineering Assistant, HSIP Cycle 8 Project- Various Intersection Improvements, City of Bell
Gardens. Assisting in the initial design phase of the project by drawing existing conditions and obtain
as-builts. The scope of work includes upgrading the signal hardware and improving signal timing for the
three intersections.
Engineering Assistant, Updating Pavement Management System (PMS), City of Bell Gardens.
Responsible for inspecting and creating an inventory of the conditions of the City of Bell Garden’s
roadway network. Work included generating excel inventory, creating a GIS map and database, using
PAVER for data analysis, and creating a comprehensive report.
Education
MS, Transportation Engineering
BS, Civil Engineering
Registrations/Certifications
Engineer‐in‐Training, CA,
No. 163191
Years of Experience: 3
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Aidan Mousavi, EIT – Engineering Associate
Aidan Mousavi’s professional focus is primarily in the field of traffic
engineering and environmental compliance. He has designed traffic signal
plans, specifications and estimates; developed pole schedules, phase
diagrams, conductor schedules and timing charts and signal phasing and
wiring instructions. Aidan has been a team designer on improvements to
sidewalks, driveways and ramps and designed new striping and signing
plans to meet CA-MUTCD and Caltrans standards.
Relevant Experience
Traffic Engineer, HSIP Cycle 5 Hawk Signal Project, City of Lynwood. Developed hawk traffic
signal plans, specifications and estimate. Developed pole schedule, phase diagram and conductor
schedule to provide pole placement, signal phasing and wiring instructions. Designed improvements to
sidewalks and ramps and designed new striping and signing plans to meet CA-MUTCD and Caltrans
standards.
Traffic Engineer, Traffic Signal Improvement at Olive Street and Phelan Avenue, City of Baldwin
Park. Designed traffic signal plans, specifications and estimate. Developed pole schedule, phase
diagram, conductor schedule and timing chart to provide pole placement, signal phasing and wiring
instructions. Designed improvements to sidewalks, driveways and ramps and designed new striping and
signing plans to meet CA MUTCD and Caltrans standards.
Traffic Engineer, Stop Sign Warrant Analysis – Hibiscus Street and E. Los Amigos Avenue, City of
Montebello. Analyzed intersection geometry, peak-hour vehicle, bike and pedestrian counts, 24-hour
traffic volume counts, traffic collision history, traffic speed counts and conducted field check to evaluate
if all-way stop was warranted. Utilize TIMs to identify collisions at intersection and provide potential
countermeasures. Developed traffic simulation on Synchro 10 software to calculate delay. Drafted report
to summarize findings and to provide recommendations.
Traffic Engineer, Stop Sign Warrant Analysis – Madison Avenue and 5th Street, City of
Montebello. Analyzed intersection geometry, peak-hour vehicle, bike and pedestrian counts, 24-hour
traffic volume counts, traffic collision history, traffic speed counts and conducted field check to evaluate
if all-way stop was warranted. Utilize TIMs to identify collisions at intersection and provide potential
countermeasures. Developed traffic simulation on Synchro 10 software to calculate delay. Drafted report
to summarize findings and to provide recommendations.
Traffic Engineer, Stop Sign Warrant Analysis Phelan – Olive, City of Baldwin Park. Analyzed
intersection geometry, peak-hour vehicle, bike and pedestrian counts, 24-hour traffic volume counts,
traffic collision history, traffic speed counts and conducted field check to evaluate if all-way stop was
warranted. Utilize TIMs to identify collisions at intersection and provide potential countermeasures.
Developed traffic simulation on Synchro 10 software to calculate delay. Drafted report to summarize
findings and to provide recommendations.
Traffic Engineer, Active Transportation Program (ATP) Cycle 2 – Olive, City of Huntington Park.
City of Huntington Park had ATP plans that required removal of 150 parking spaces due to sight distance
constraints. The City wanted solutions to reduce the number of parking space removals and so tasked
Infrastructure Engineers with developing alternative solutions. Creative designs and solutions were
Education
MBA, General
BS, Civil Engineering
Registrations/Certifications
Engineer‐in‐Training, CA,
No. 153480
Years of Experience: 6
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adopted to reach this goal which include, utilization of creep method, construction of bulb-
outs, restriping median islands, repainting red-curbs, etc. to maintain all of the City’s lost parking spaces.
Traffic Engineer, Lincoln-Howard Street Parking Study, City of Montebello. The objective of the
study was to analyze the existing parking demand and feasibility of additional on-street parking in the
area served by the street segments of Lincoln Avenue, Victoria Avenue and Howard Avenue. Concerns
have been raised from the for the lack of parking spaces and unfulfilled demand for on-street parking. In
this study, existing on-street as well as off-street (within the adjacent five multi-family residential
apartment complexes) parking demand and parking utilization were analyzed. Existing parking
occupancy counts were conducted during the peak parking demand hours. Final report included analysis
of the issues and provided with alternative recommendations to remediate the issue in a cost-effective
way.
Traffic Engineer, Martin Luther King Jr. Boulevard & Stockwell Drive – Hospital Entrance Signal
Warrant Study, City of Lynwood. Analyzing Traffic Counts to perform calculations for warrant
studies. Perform traffic signal warrant analysis for intersection with available information. Conduct a
field review to establish any major improvements needed. Utilize TIMs to identify collisions at
intersection and provide potential countermeasures. Implement and satisfy current CA MUTCD and
Caltrans standards to improve site conditions. Utilize AutoCAD to design a preliminary High-Intensity
Activated crosswalk beacon) HAWK signal. Combine all analysis and create a report for City review.
Brenda Corona – Engineering Assistant
Brenda Corona is an engineering assistant who provides engineering
design on traffic signal projects as well as conducting research on traffic
engineering projects. Brenda has also provided project administration and
she has been a construction management intern, where she has been
involved in a wide variety of projects - creating and maintaining project files, with documents such as
plans, specifications, contract change orders, request for information, submittals, transmittals, cost
estimates, progress payments, construction schedule, emergency contact list, field pictures, emails,
weekly and daily reports from inspectors.
Relevant Experience
Designer, HSIP Cycle 8 Project Various Intersection Improvements, City of Bell Gardens.
Reviewed grant application. Identified utilities at intersections Eastern Avenue/Lubec Street and Garfield
Avenue/Loveland Street. Conducted a field review to establish any major improvements needed. Utilized
AutoCAD to design underground utilities and surface utilities. Implemented CA-MUTCD and Caltrans
standards to design left turn protected/permissive phase. Calculated conduit size for conductor schedule.
Calculated preliminary cost for construction phase to stay within budget.
Traffic Assistant, Systemic Safety Analysis Report Program, City of Bell Gardens. Conducted a
high accident location intersection analysis by collecting data from the Statewide Integrated Traffic
Recording Systems (SWITRS). Utilized Transportation Injury Mapping System (TIMS) to create
collision diagrams for 37 intersections. Identified crash patterns and crash types to provide
countermeasures with Local Roadway Safety Manual. Analyzed common routes to schools in Bell
Gardens to provide safety projects. Analyzed existing conditions for 11 schools (public, private, and
charter) within Bell Gardens. Proposed recommendations for intersections near schools utilizing CA-
MUTCD and Caltrans standards. Combined all analysis and create a report for City review.
Education
BS, Civil Engineering
Years of Experience: 1.5
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Traffic Assistant, Systemic Safety Analysis Report Program, City of Baldwin Park.
Conducted a high accident location intersection analysis by collecting data from SWITRS. Utilized
TIMS to create collision diagrams for 27 intersections. Identified crash patterns and crash types to
provide countermeasures with Local Roadway Safety Manual. Analyzed common routes to schools in
Baldwin Park to provide safety projects. Created a field visit schedule to meet deadlines and submittals to
the City. Analyzed existing conditions for 26 schools (public, private, and charter) within Baldwin Park.
Proposed recommendations for intersections near schools utilizing CA-MUTCD and Caltrans standards.
Combined all analysis and created a report for City review.
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3. Similar Projects and References
Infrastructure Engineers has the experience and capability to provide the full spectrum of city traffic
engineering services and related engineering support to the City for all your traffic engineering and
consulting needs. Projects that are relevant to the City’s requested services are listed below.
We currently provide on-call traffic engineering services to the Cities of Bell Gardens and Montebello
and we have provided these services in the past to the Cities of Anaheim, Baldwin Park, Hermosa Beach,
La Puente, Maywood, Pico Rivera, South El Monte and Yorba Linda.
Montebello Way Traffic Signal Improvement Project – City of Montebello
Contact: Danilo Batson, Dir. of Public Works
1600 W. Beverly Boulevard
Montebello, CA 90640
Phone: 323-887-1460
Email: dbatson@cityofmontebello.com
Date: 2015
Infrastructure Engineers provided design and project and construction management and inspection
services for the improvement of the intersection at Montebello Boulevard, Montebello Way, Roosevelt
Avenue and Truck Way. The scope of work included preparation of PS&E, surveying and geotechnical
investigation for modification of the existing traffic signals. Modifications were comprised of
synchronization with an existing railroad crossing and modification to the intersection geometric,
including re-striping, crosswalk and median islands.
Infrastructure Engineers also conducted a Preliminary
Environmental Study, provided federal funding
administration, bid administration, project management,
construction management and inspection services.
During the course of providing engineering services to the
City, Infrastructure Engineers staff were driving the City
streets and noticed three consecutive signals that were
inefficient and unsafe, one of which crossed the Union
Pacific rail line. That existing signal lacked synchronization
with the railroad crossing signal and railroad warning
system, leading to significant increases in traffic and
congestion and an unsafe at-grade train crossing. This project had not been on the City’s radar, but
we took a proactive approach and let the City Council know about our observations and the need
for improvement of safety conditions. We approached City Council about applying for HSIP and
Caltrans E-76 grant money. Infrastructure Engineers was able to procure federal and state funding
of $681,930, with the City contributing the required 10%. The grant was approved, and the project
became a ‘mini corridor’ that now provides enhanced safety and more efficient movement of traffic.
Other relevant projects we have assisted the City with include the following:
Stop Sign Warrant Study at 7th Street and Cleveland Avenue
Speed and Volume Traffic Counts at Lincoln Avenue and Via Paseo Way
All-Way Stop Sign Crosswalk Warrant Analysis - Poplar Avenue at Fremont Square
All-Way Stop Sign Warrant Analysis - 4th Street and Mines Avenue
Stop Sign Warrant Analysis - Hibiscus Street and Los Amigos Avenue
Stop Sign Warrant Analysis - Madison Avenue and 5th Street
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Eastern Avenue and Florence Intersection Improvements –
City of Bell Gardens
Contact: Chau Vu, Director of Public Works
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Phone: 562-806-7793
Email: CVu@bellgardens.org
Date: Ongoing
Infrastructure Engineers provided design and PS&E for the addition of a second westbound left-turn lane,
a westbound right turn lane, and traffic signal modifications for the improvement of this intersection. The
scope of work also included and environmental study, right-of-way engineering, survey, geotechnical
investigation, project and construction management and, ultimately, fund administration and labor
compliance.
Once again, while providing engineering design services to the City, Infrastructure Engineers staff
noticed there was always a backup of traffic at the intersection of Eastern Avenue and Florence Avenue –
part of a major commercial district in the City. To avoid this backup, motorists were bypassing the area
by traveling through neighborhoods; merchants along the commercial district were experiencing loss of
business from these actions. Infrastructure Engineers staff also met with local residents who were able to
provide additional knowledge of the problems at this intersection, thereby providing additional
compelling reasons why this project needed to be put in place. The City of Bell Gardens missed a
deadline for MTA’s Call for Projects for this intersection improvement project. Taking a proactive
approach, Infrastructure Engineers appealed to the MTA for funds, which were subsequently
awarded in the amount of $2.1M. Infrastructure Engineers staff then took the project to the I-710
Early Action Technical Advisory Committee to obtain an additional $1.2M in funds – thus costing
the City of Bell Gardens ZERO money. Awarded funds paid for all design and soft costs,
construction, and construction management for the project.
In addition, during field reconnaissance, Infrastructure Engineers staff noticed a school in the area where
children were crossing a major street with no signal. Because of a curve in the street, the radius of the
bend was obscuring the existing signs that warned motorists of the upcoming crossing zone.
Infrastructure Engineers created a case for the City to procure additional funds to have a signal designed.
The following list provides just a few of the many traffic engineering projects we have completed for the
City over the years:
Grant Application for HSIP Cycle 8 Projects 2016
Left-Turn Warrant Analysis at Florence Avenue and Scout Street
Traffic Safety Study on Priory Street, between Eastern Avenue and Jaboneria Avenue
Spect Avenue Traffic Calming Study
Florence Avenue and Scout Street HSIP Application for Left-Turn Phasing
Clara Street Traffic Calming Study
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Page 17
Traffic Speed Survey - City of Chino Hills
Contact: Joe Dyer, Assistant City Engineer
14000 City Center Drive
Chino Hills, CA 91709
Phone: 909-364-2771
Email: jdyer@chinohills.org
Date: 2015
Infrastructure Engineers conducted field reviews of the roadways in the City of Chino Hills and
incorporated into the final recommended speed limits. Items considered pertinent included roadway
characteristics, surrounding land uses, adjacent speed zones, and other factors that may not be readily
apparent to motorists yet could have a bearing on the establishment of speed zones. Spot speed surveys
were conducted in conformance with state laws for the purpose of establishing prima facie speed limits.
The streets were driven by an Infrastructure Engineers California-registered traffic engineer. All
segments were reviewed in detail, including traffic volumes, collision history, adjacent land uses,
roadway characteristics and field observations.
Traffic Engineering Services - City of Bell Gardens
Contact: Chau Vu, Director of Public Works
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Phone: 562-806-7793
Email: CVu@bellgardens.org
Date: Ongoing
Infrastructure Engineers has been providing city traffic engineering services to the City of Bell Gardens
for the past 10 years. Some of the traffic engineering and design projects we have completed for the City
include the following:
Traffic Signal Synchronization Programs
Signal Modification Studies
ADT Volume Counts and Classification
Surveys
Accident Studies
Safety Improvement Studies
Traffic Signal Warrant Studies
Federal Funding Administration and
Labor Compliance
Radar Speed Survey
PS&E for over 50 Projects
Speed Surveys
Traffic Signal Designs/Installations
Signal Operations and Timing Study
Transit Management Services
Safe Routes to School Program
Traffic Circulation Studies
Signing and Striping Design
Traffic Calming Engineering
Neighborhood Traffic Management
Program
Active Transportation Program Grant
Supporting Studies
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As-needed, On-call Traffic Engineering Services
Page 18
City Traffic Engineering Services - City of Montebello
Infrastructure Engineers has been providing traffic engineering services to the City of Montebello for the
past 15 years. Some of the traffic engineering and design projects we have completed for the City include
the following:
Traffic Calming Engineering
Traffic Signal Synchronization Programs
Signal Modification Studies
ADT Volume Maps
Accident Studies
Safety Improvement Studies
Traffic Signal Warrant Studies
Federal Funding Administration and
Labor Compliance
Signal Operations and Timing Study
Traffic Signal Designs/Installations
Expert Witness Services
Transit Management Services
Safe Routes to School Program
Speed Surveys
Traffic Circulation Studies
Signing and Striping Design
Neighborhood Traffic Management Program
Active Transportation Program Grant
Supporting Studies
Left-turn Phasing Study
HSIP Federally Funded Opticom Emergency Vehicle Preemption Project – City of Bell
Gardens
Contact: Chau Vu, Director of Public Works
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Phone: 562-806-7793
Email: CVu@bellgardens.org
Date: 2015
A 2012-2013 Highway Safety Improvement Program (HSIP) Grant was awarded to the City of Bell
Gardens for installation of Opticom emergency vehicle preemption systems at key intersections
throughout the city. The City then requested assistance from Infrastructure Engineers to oversee the
design, construction engineering, inspection, and federal project compliance administration for the 2012-
2013 Highway Safety Improvement Program (HSIP) Grant
awarded to the City for installation of Opticom emergency
vehicle preemption systems at key intersections throughout the
city.
In February 2015, the City awarded a construction contract for
installation of the emergency vehicle preemption system at the
following six intersections: Eastern Avenue and Watcher
Avenue, Gage Avenue and Darwell Avenue, Florence Avenue
and Garfield Avenue, Florence Avenue and Ajax Avenue,
Florence Avenue and Eastern Avenue and El Selinda Avenue
and Florence Avenue.
The scope of services provided by Infrastructure Engineers also included federal funding administration
and labor compliance services. In addition, labor compliance monitoring services included review of
construction contracts and labor compliance documents, coordination with Caltrans, field interviews, and
reviews of certified payroll records and associated paperwork.
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Proposal for
As-needed, On-call Traffic Engineering Services
Page 19
Various Signal Projects - City of Baldwin Park
Contact: Sam Gutierrez, Dir. of Public Works
14403 Pacific Avenue
Baldwin Park, CA 91706
Phone: 626-813-5255, Ext. 460
Email: sgutierrez@baldwinpark.com
Date: Ongoing
Infrastructure Engineers assisted the City of Baldwin Park by providing design, PS&E and construction
management on several traffic signal projects as well as warrant studies. These projects have included the
following:
Traffic Signal Improvement at Olive Street and Phelan Avenue Intersection - Design Phase
Stop Sign Warrant Analysis at Vineland Avenue and Whitesell Avenue
Maine Avenue and Park Plaza Signal
Stop Sign Warrant Analysis at Phelan Street and Olive Avenue
Stop Sign Warrant Analysis at Syracuse Avenue and Royston Street
Maine Avenue Improvements - Maine Avenue and Ramona Boulevard Signal, Maine Avenue and
Clark Street Signal
Traffic Signal at Francisquito Avenue and Garvey Avenue
Traffic Signal at Ramona Boulevard and Earl Avenue
Stop Sign and Crosswalk Warrant Analysis at Ledford Street and Nolina Avenue
New Traffic Signal at Pacific Avenue and Big Dalton Avenue
New Traffic Signal at Merced Avenue and Ahern Drive
New Traffic Signal at Stewart Avenue and Los Angeles Street
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As-needed, On-call Traffic Engineering Services
Page 20
4. Availability of Staff
Base on current workloads, the table below provides current availability. However, Infrastructure
Engineers holds many on-call contracts with various cities; thus, we are highly adept at marshaling
resources to successfully meet the needs of even unplanned or fast-tracked projects.
When the City issues a task order RFP, we will provide current and precise staff availability in our
response proposal.
Staff Availability
Yunus Rahi, PhD, PE, TE
Project Manager 40%
Farzad Dorrani, MS
Principal-in-Charge 10%
Dennis Barnes, PE, TE
Traffic Signal/Stop Sign Warrant Studies 15%
Kevin Roque, EIT
GIS Mapping 20%
Shawn Mousavi, MS, EIT
Engineering Associate 30%
Aidan Mousavi, MBA, EIT
Engineering Associate 30%
Shawnt Babakhanian
CADD 30%
5. Subconsultants
We will occasionally enlist the services of City Traffic Counters (CTC) for traffic data collection. We
have worked with CTC many times of the years; they are the only firm we have used. They have
extensive experience and familiarity with traffic counting needs throughout Southern California. Since its
beginning in 1998, CTC has provided numerous traffic counting services to both private and public
sector clients. CTC uses state-of-the art computerized traffic counting machines to ensure the quality and
accuracy of data collected.
6. Statement of Local Preference
Infrastructure Engineers is currently under contract with the City of San Bernardino to provide project
management services and a senior engineer – one staff who works at City Hall three days per week.
In addition, we are excited to be a part of the City of San Bernardino with our new office, located 473 E.
Carnegie Drive, Suite 242, San Bernardino, CA 92408, with three people working at that location.
A copy of our San Bernardino business license is provided on the following page.
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Page 21
7. Items, Actions or Information to be Provided by the City
When a task order RFP is issued by the City, we will be able to determine specifically what information
we may need to obtain from the City. Current traffic data, maps or existing traffic signal plans would be
samples of items that may be required.
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Page 22
8. Services to Improve Traffic Engineering
Traffic engineering is one of the core disciplines Infrastructure Engineers provides to Southern California
cities. Our extensive traffic engineering knowledge base, sharply-honed technical skills, and decades of
combined experience makes us invaluable to our client cities as we help them to keep Southern
California moving. Infrastructure Engineers is known by our clients for innovation and effective
approaches and for providing exceptional value and cost-effective services. We believe the capabilities
and services we offer will assist the City of San Bernardino with any extraordinary traffic engineering
projects or needs. Traffic and transportation engineering services that we provide include the following:
Traffic Studies
Speed Survey
CEQA Studies
Traffic Circulation Studies
Project Reports/Project Study Reports
Calming Studies
Traffic Control and Detour Plans
Traffic/Transportation Feasibility
Environmental Impact Studies
Safety Studies
Rail Grade Crossing
School Route Analysis
Traffic Engineering Design
Traffic Signal and System Design
Interconnect Design
Signing & Striping
ITS Design and Implementation
Transportation Planning
Local Transportation
Regional Transportation
Multi-Modal Transportation Plans
Staff Augmentation
City Traffic Engineer
Assistant Traffic Engineer
Overflow Workload
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND KOA CORPORATION
This Agreement is made and entered into as of ___________ ___, 2019 by and between
the City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower, 290
North D Street, San Bernardino, CA 92401 (“City”), and KOA, a California Corporation with its
principal place of business at 1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred
to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES (hereinafter referred to as
“the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a.Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
EXHIBIT "C"12.e
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $100,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant’s services which
have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2020, unless the Agreement is previously terminated as provided for herein
(“Term”) with one (1) year extension at the City’s option. Option one year, if exercised, shall be
effective July 1, 2020 through June 30, 2021.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
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reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
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addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
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provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
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f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
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will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
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City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Ming Guan, PE as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
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certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Trish Rhay
Director of Public Works Department
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
KOA Corporation
3190 Shelby Street, Building C
Ontario, CA 91764
Attn: Ming Guan, PE.
Vice President
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
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35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND KOA CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Signature
Name
Title
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PROPOSAL FOR
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO
FEBRUARY 21, 2019
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO
TABLE OF CONTENTS
COVER LETTER
TECHNICAL PROPOSAL (ENVELOPE “A”)
Firm Profile ...................................................................................................................................................................................1
Scope of Work ..............................................................................................................................................................................2
Proposed Staffing & Project Organization ........................................................................................................................9
Similar Work Experience and References ...........................................................................................................................20
Team Location/Business License ...........................................................................................................................................25
HOURLY BILLING RATES (ENVELOPE “B”) ............................................................................... Separate Sealed Envelope
PROPOSAL FOR
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO
3190 C Shelby Street, Ontario, CA 91764
T: 909.890.9693 | F: 909.890.9694 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA
February 21, 2019
City of San Bernardino
Public Works Department
Engineering Division
ATTN: Mahmoud Khodr, PE, PTOE
201 North “E” Street, 2nd Floor
San Bernardino, CA 92418
Subject: Proposal to Provide Professional Services for As Needed, On-Call Traffic Engineering Services
Dear Mr. Khodr,
We appreciate the opportunity to submit a proposal to provide Professional Design Services for the subject
project. You will find that KOA is uniquely qualified for this project based on the following facts:
KOA has provided On-Call Engineering Design Services to numerous agencies in the past 30 years since the
company was established in Southern California. KOA specializes in all aspects of transportation engineering
including roadway, drainage, traffic engineering, traffic control plans, and traffic signal design, etc. We have a
record of successfully completing traffic engineering design projects for your city and other neighboring
cities like Fontana, Colton, Rialto, and San Bernardino.
KOA’s strong depth of staff and professional contacts provides excellent resources for the City to utilize.
The KOA team, our project systems, and our entire management structure are geared to providing flexible services
to agencies such as yours. Descriptions of similar projects and respective references for these projects are included
in our proposal. We assure you that our key personnel will be assigned to the project fo r its duration and will not
be removed or replaced by us without concurrence from the City. Every member of our proposed team is
available to be committed to the projects assigned to us beginning the start date.
I will be the project manager and point of contact for the City. With 13 years of experience, I am a “hands on”
project manager. I bring solid experience in design of roadways, intersections, traffic signals, ADA ramps, and
completion of PS&E for Capital Improvement projects. I can be reached at our Ontario office at 3190 Shelby
Street, Bldg. C, Ontario, CA 91764, (909) 890-9693 or by e-mail at mguan@koacorp.com. Mr. Walter Okitsu, PE, a
founder and a principal of KOA Corporation with over 32 years of experience exclusively in traffic engineering and
signal design and coordination, will serve as our proposed independent QA/QC Manager/Technical Advisor for the
project. KOA looks forward to working with the City of San Bernardino on this project.
Sincerely,
KOA
Ming Guan, PE, TE
Vice President/Project Manager
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 1
TECHNICAL PROPOSAL
FIRM PROFILE
Founded in 1987, KOA Corporation (KOA), is a California Corporation, and
leading provider in civil and traffic engineering, transportation planning and
construction management services for public agencies and private sector
clients.
Driven by our mission - “Changing the Future of Travel”, we offer our clients
technical knowledge, creative solutions and responsive services. The
hallmark of our success is our dedication to each and every project designed
to leave a legacy of extraordinary contributions to our communities.
As a 100% employee-owned firm, our staff includes registered civil and
traffic engineers, certified transportation planners, project/construction
managers, and construction inspectors. With six offices and over 90
employees located in Southern California, KOA has provided engineering
services for the largest public works and transportation planning projects
throughout California.
KOA has strong quality control procedures in place that all staff are required
to follow. For each project, we develop a quality control implementation
plan for which we obtain approval from the client. Once the QA/QC plan
process is approved by the client we implement it and follow through the
entire phase of the project.
The firm is in excellent financial condition and has no past or pending
litigation, or claims filed against our firm, principals of the firm, or each of
our key consultants, related to services performed for public agencies, or in
actions that may affect our performance under a contract with the City. KOA
is not debarred, suspended or otherwise declared ineligible to contract with
any other federal, state or local public agency.
The KOA team is well-qualified, fully prepared, and eager to provide the City
of San Bernardino with the required services to provide engineering design
services for As Needed, On-Call Traffic Engineering Services.
TYPES OF SERVICES
Traffic Engineering
Transportation Planning
Highway & Transportation Design
Program Management
Construction Management
YEARS IN BUSINESS
30
FORM OF ORGANIZATION
S Corporation
SIZE/LOCATION OF OFFICES
Monterey Park (46 employees)
Ontario (6)
Orange (13)
San Diego (14)
La Quinta (1)
Culver City - Crain (12)
PROJECT OFFICE LOCATION
3190 Shelby Street, Bldg. C
Ontario, CA 91764
Tel: (909) 890-9693
PROJECT MANAGER
Ms. Ming Guan, PE, TE
Project Manager
(909) 890-9693
mguan@koacorp.com
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 2
SCOPE OF WORK
The City of San Bernardino is looking to retain a qualified and experienced professional consultant on an as-needed
basis for Traffic Engineering Consultant Services. KOA has decades of experience in Transportation Planning and Traffic
Engineering similar to the scope of services listed within the RFPs Scope of Services section.
Each project is assigned a Senior Engineer, or Project Manager, to oversee the day -to-day operations of the project.
The Project Manager will be responsible for all technical work, productivity, adherence to budget and schedule,
invoicing, quality control, single point of contact, and complete accountability to the client. The firm also assigns a
Principal to the contract to ensure all resources are available to the Project Manager to complete the agreed upon
tasks.
A key aspect of a successful project is the ability of the consultant team’s project manager and the City project
manager to work together both closely and effectively. To facilitate this, KOA’s project manager will be responsive to
questions and issues that may arise; be responsible for ensuring that the budget and schedule are maintained; and
provide support and advice to the City’s project manager, as needed. Ms. Guan will be the single point of contact for
questions and concerns and will ensure consultant team members are meeting standar ds for quality of work. Effective
project management will include scheduled progress meetings and status updates via phone and e-mail as information
becomes available. Status reports will accompany invoices, and summaries of meeting minutes will be provide d to the
City within one business day. KOA’s project manager will maintain a reasonable workload so that she can be responsive
and available to the City while maintaining flexibility to deal with changes and adjustments to the project schedule.
KOA implements an 8-step project approach for on-call tasks:
• Step 1: City identifies Traffic Engineering needs
• Step 2: KOA reviews information with City
• Step 3: KOA prepares Task Proposal, if necessary
• Step 4: City and KOA agree to task scope and fees
• Step 5: KOA assigns relevant staff
• Step 6: KOA performs required services
• Step 7: KOA presents/delivers product to City
• Step 8: Obtain feedback on performance
Perhaps the most frequent occurring need for traffic engineering services relates to requests and inquiries t o research
changes in traffic control for streets or intersections based upon inquiries by residents, City officials, or other persons.
KOA is highly qualified to complete this type of analysis and provide recommendations that will address relevant
conditions, resolve the inquiry, and recommend possible changes in traffic control that will facilitate the goals of the
City. We are familiar with the requirements identified in FHWA MUTCD and Caltrans MUTCD. The City’s inquiries can
range from the need for additional traffic controls at intersections (traffic signals, multi-way stops) to the need to
address traffic or speeding problems on local streets. Our firm is widely regarded for our ability to provide solutions to
these problems that meet the approval of the City and its residents, while remaining within accepted guidelines and
established budgets. Many of these studies require the knowledge to assess existing conditions in relation to accepted
warrants for new traffic controls. Technical knowledge is important; however, additional skills in facilitation and the
ability to generate unique solutions are equally important to this type of task.
WORK PLAN/APPROACH FOR TRAFFIC DESIGN RELATED TASKS
The Project Manager begins each project by refining the ex act tasks to be undertaken, contacting other members of
the project team, and attending project kickoff meetings with the client to fully understand the project tasks. The
Project Manager assigns staff as needed to collect information on existing condition s, and collecting existing printed
data such as plans, as-builts or information on future projects that may impact the project site. Our Project Managers
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CITY OF SAN BERNARDINO 3
also appoint a Quality Assurance/Quality Control Manager who provides an independent check on the qual ity,
accuracy, and constructability of our design documents.
Project Managers are responsible for determining percentage of completion, adherence to contracts, billing, and
formal project close-out and client satisfaction. Design Plans are taken through 35%, 65%, 90% (if the agency requires)
to Final Approved plans that are ready to construct with quality control checks along the way. Below is a typical project
flowchart.
PROJECT INITIATION
At the initiation of the project, KOA refines the project scope based on discussions with clients or governmental
agencies with jurisdiction over the project and collects any additional specific requirements prior to traffic data
collection. Once the scope of the study has been clearly defined, the firm collects any available plans on existing
conditions, location of utilities, and other data on the project from responsible jurisdictions. At the same time, the firm
also begins field work to carefully document existing roadway, traffic hardware, and other existing conditions.
UTILITY COORDINATION
The plans show the location of all utilities including those marked or evident in the field, indicated on reference plans,
or indicated by utility companies. KOA will distribute the plans and coordinate the design directly with all utility
companies or other entities that may have facilities in the vicinity of the site. KOA will make design adjustments to
avoid existing utilities as appropriate. Special coordination with the serving electrical utility will be required to provide
traffic signal service and utility connections. We will make direct contact with the electrical utilities as required to
secure electrical service.
SIGNING AND STRIPING PLANS
KOA will prepare signing and striping plans to City standards. Plans will show the affected construction area and all
affected traffic lane striping. The plans will show the location of all proposed traffic stripes and markings and the
proper disposition of all affected existing signs and markings. We will provide any work required to transition the
proposed stripes to join with existing stripes on intersection approaches. The final signing and striping plans will be
prepared for final plotting on D-sized sheets at 1”=40’. Plans will be prepared using the standard CAD symbols, line-
types, and layers specified by the City. The completed plans will be signed by a KOA, California -registered Civil
Engineer. KOA will submit striping plans to the City for their review. KOA will provide final coordination with the City to
ensure that they receive the required electronic drawing files for this project.
TRAFFIC SIGNAL DESIGN
KOA prepares an intersection base plan at 1"=20' for each location. The base plan shows centerlines, ri ght-of-way lines,
relevant existing or proposed street improvements, utilities of record, and existing traffic controls and improvements.
The firm inventories all existing traffic signal poles, equipment, notes and schedules in the field and shows them on the
base plan. KOA designs the proposed new or modified equipment and shows it on the drawing to create a complete
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 4
traffic signal plan. Each plan will conform to the requirements of the City and will reference the latest edition of the
Caltrans’ Standard Plans and Specifications. The drawings will be designed in the format required by the City and will
include all notes, schedules, and other features required to complete the traffic signal plan.
SIGNAL INTERCONNECT
Traffic signal interconnect comprises of wired and/or wireless solutions.
For the wired solution, it can be fiber optic cable, copper cable, or a
combination of both systems. The signal interconnect plan will show all
the necessary devices and supporting accessories required to support
each mode of communication. For example, the wireless solution,
typically transmitted using the Internet Protocol, requires the installation
of a managed Ethernet switch housed in the local cabinet and the
selection of the optimal location to mount the antennas for maximum
signal strength. The infrastructure and device/accessories required to
support the copper cable interconnect is a terminal block for cable
splicing in the cabinet and size and spacing of pull-boxes between
signals. For the fiber optic cable, the infrastructure may include fiber optic splice enclosure (if required), fiber optic
patch panel, fiber optic pigtails, and a fiber termination cabinet. We also recognize that the conduits and related
communication facilities may be affected by some traffic signal modifications or installations. This work will be shown
in the intersection plan with notes explaining any work that does not appear on the plans. No additional plan sheets
are normally anticipated for signal interconnects; however, such sheets can be provided at a suitable scale, if necessary.
STREET LIGHTING ANALYSIS
Based on our past experience, about twenty percent of potential collisions occur during dusk or nighttime hours. KOA
will prepare street light illumination and uniformity calculations using AGI32 lighting design software. The calculations
will be prepared to meet the Illuminating Engineering Society of North America (IESNA) lighting criteria and Caltrans
requirements. This data will be used to determine the initial spacing of the street lights. We will review the
placement/location of each light to confirm there is no visible conflict with existing improvements and/or utilities. We
will then prepare a detailed construction cost estimate and will meet with the City to discuss the findings prior to
design.
STREET LIGHTING DESIGN
KOA will prepare street lighting design plans to satisfy the illumination requirements of the City. Street lighting plans
will be prepared to meet the City's street lighting standards and will reference the l atest edition of the Caltrans’
Standard Plans and Specifications. The plans will be prepared at 1"=40'-scale in Imperial units. All plans will be
reviewed and stamped by a KOA, California-registered Civil Engineer.
WORKSITE TRAFFIC CONTROL PLAN PREPARATION
KOA uses work area signs, barricades, and temporary striping as necessary to safely route traffic through the
construction zone. General notes applying to construction traffic control are placed on each project sheet. The plans
will be prepared to conform to the general requirements of the City with consideration for the needs of the
Contractor's construction operations.
MULTIPLE AGENCY PROCESSING (IF NECESSARY)
If other agencies must approve the plans, KOA will process the plans through the designated agency. By doing this
each plan will require additional processing, addressing additional comments, and resolving conflicting comments. If
Caltrans processing is involved, we will submit each plan with the intention of receiving an encroachment permit. KOA
will act as authorized agent for the City for submittal and processing of all plans required for obtaining the Caltrans
permit. This will be limited to our own plans. This task also includes reasonable efforts to maintain the overall project
on schedule, plus informal telephone appeals to eliminate inappropriate plan comments. The tasks below are
negotiated exclusively if required for a specific project.
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 5
WORK PLAN/APPROACH FOR PLANNING RELATED TASKS
TRAFFIC COUNTS
KOA will review available traffic studies, plans, or documents that were conducted in the past year to extract any
available traffic count data that can be used for analysis. When existing traffic count data is not available through these
documents, KOA and/or a traffic count firm will conduct the data collection of any traffic count data that is needed.
KOA will conduct data collection as needed to include, but not be limited to ADT counts, stop sign warrant counts,
intersection turning movement counts, occupancy rates, and parking turnover data. Bicycle and pedestrian volume
counts will also be conducted as part of street and intersection counts. KOA will perform quality control/quality
assurance (QA/QC) on all data collected to verify the data is reasonable.
PROJECT LEVEL TRANSPORTATION ANALYSIS
KOA’s traffic engineering staff is knowledgeable in the traffic/transportation review process. The traffic elements of a
project can drive the mitigation for an entire site and surrounding roadway network. On-site traffic, pedestrian, and
bicycle activity will be reviewed, as well as existing and future off-site conditions. Our engineers conduct an in-depth
field reconnaissance, evaluate the safety characteristics of the area, prepare an independent assessment, and develop
our own recommendations. Specific areas we review include, but are not limited to, traffic volumes, accident history,
stopping sight distance, roadway network and layout, site trip generation characteristics, operational characteristics,
levels of service and traffic impacts, traffic signal design, site plan access/egress and on-site circulation, presence of
pedestrian and bicycle amenities, safety, and overall mitigation. Our conclusions are summarized in a memo/report for
the client; findings are presented in a public forum. KOA has developed several methodologies and streamlined the
process to conduct these types of analysis and other aspects of project level transportation analysis. We will use our
knowledge and experience to conduct the project level transportation analysis within a short time frame.
LONG RANGE CORRIDOR STUDIES
KOA has experience in conducting long range
corridor studies that include traffic counts, travel
demand forecasting, analysis of intersection and
roadway geometry, capacity and safety, and
recommended improvements. KOA has conducted
and is currently conducting several Active
Transportation Plans (ATP) and Safe Routes to
School (SRTS) projects which include many of these
components. KOA is very familiar in conducting traffic
and parking studies which include the analysis of
intersection and roadway segments, project trip
generation and distribution analysis, and developing
appropriate recommendations. We will use our ATP and
SRTS knowledge and experience in conducting all aspects
of the long range corridor studies.
ACCESS STUDIES
KOA has conducted evaluations of existing access in major corridors as part of traffic impact studies and corridor
studies. KOA has reviewed and prepared a variety of transportation planning technical studies that have included
simulations and design modification recommendations. KOA will use this experience and knowledge to provide City
Staff with assistance in conducting evaluations of existing access in major corridors and the review and/or preparation
of technical studies, simulations, and design modifications to meet the City’s needs. KOA will review existing
conditions and evaluate them to determine access management and operational conditions along the corridor that
may include:
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 6
Corridor Crash History Review
Identification of Crash Hotspots/High Volume Access Points
Identification of Existing Access Points Not in Compliance
Intersection Level of Service Analysis
Arterial Level of Service Analysis
Traffic signal timing Analysis
TRAFFIC SIMULATION
KOA has experience in conducting traffic simulations of corridors and roadway networks using microsimulation
software such as Synchro’s SimTraffic and VISSUM. KOA will conduct traffic simulations using these or other computer
programs, as needed. KOA staff will be available and ready to work with the City staff in obtaining training for specific
microsimulation software, to meet the City’s needs.
TRANSPORTATION PLANS
KOA Staff will use its experience and knowledge in reviewing and preparing transportation plans to develop or assist
City Staff with the development of short and long-term transportation plans. KOA will use the methodology,
procedures, and standards used by City Staff in dev eloping all necessary components of short and long -term
transportation plans to meet the City’s needs.
RESEARCH AND OUTREACH
KOA conducts research and outreach tasks for the majority of our projects. KOA staff is experienced in conducting
efficient research and preparing all materials needed, such as reports, maps, agendas, fliers, presentation boards, and
other items for outreach purposes and presentations. KOA staff will assist City staff in producing reports and other
materials as needed and in making presentations on transportation-related topics.
PLAN CHECKS/REPORT REVIEW
Plan checking traffic signal and interconnect plans, signing and striping plans, traffic control plans, and street lighting
plans. Although approaches to plan checking of other consultants’ work can vary greatly, KOA believes that the proper
role of a plan check consultant is to assist a knowledgeable traffic engineering designer in properly and expediently
completing their plans to the satisfaction of the agency. Our routine f or plan checking begins with the intended
operation and verifying the proposed controllers, phasing, poles with heads, and detection that will provide the
operation. KOA visits the project intersections as part of the plan checking services. It is not th e plan checker's role to
instruct the designer in fundamentals of traffic signal design or to prepare the design for the consultant. KOA normally
provides the following approach to plan checking services:
Upon receipt of the plans, KOA’s project manager will check the plans for completeness using criteria furnished
by the City. Any clearly incomplete plans will be returned to the City immediately with a note that the plans are
incomplete and not ready for checking.
If the plans are found to be complete, a thorough plan check is initiated. KOA will conduct a field review to
verify that existing conditions are shown accurately. This procedure is essentially similar to the process
followed for preparation of our own plans. It may become apparent that a f ield review was not conducted if
major features are omitted or incorrectly shown on the plans. Plans will be noted "Incomplete, Inadequate
Field Review" if major discrepancies are found. If discrepancies are minor and the validity of the design does
not appear to be affected, plan checking will continue.
After the field verification, KOA will check all portions of the plan in the office. Where corrections are noted,
they will be as specific as possible. Proper language will be furnished for construction notes and general notes,
and improper entries in the Pole Schedule will be corrected. If additional research is required, the areas of
concern will be noted; however, the design engineer will be responsible for follow -up.
KOA will conduct all plan check activities, except for deliveries and other non-technical tasks. In the course of plan
checking the plans, we will briefly review other project plan sheets and make relevant comments relating to specifics of
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 7
the design plan. KOA will include traffic engineering design issues for traffic signals, signing, striping, and
channelization away from the signalized intersections or work site traffic control plans.
REVIEW OF TECHNICAL STUDIES
KOA has conducted many peer reviews of transportation planning -related technical studies for public agencies and
private companies. KOA staff is knowledgeable in reviewing and identifying any concerns with methodologies, analysis,
data, and other aspects of transportation planning-related technical studies. KOA begins each full technical review
project by receiving a copy of the study. Immediately upon receipt, we will evaluate the report to determine whether
the basic required documentation has been submitted. KOA will notify the City if documents are missing and will
continue with the review only after all the required documentation has been received. This reduces unnecessary review
costs and allows the first review to be more comprehensive. Once we complete the review, we will submit it to the City
for review and submittal to the developer. At the City’s request, we will attend coordination meetings with the
developer’s engineer and will review our comments on the study and the responses by the engineer. KOA will perform
a site visit during the initial phases of the review process. Our comments will be in the form of a letter report detailing
our findings, which we will submit to the City. KOA will conduct the traffic analysis review using the nationally accepted
standards, methods, and criteria of the Institute of Transportation Engineers (ITE) and the American Association of
State Highway and Transportation Officials (AASHTO).
TRAINING
KOA Staff is knowledgeable in a variety of analysis methodologies, assessments, software, and other transportation
planning tasks. KOA staff will provide and facilitate the training of City staff in specific transportation planning areas as
requested by the City.
ON-CALL STAFF AUGMENTATION (IF NEEDED)
KOA will provide staffing for the City if needed. There won’t be any travel cost for the City for the staff augmentation.
We have three senior transportation planners and four assistant transportation planners/engineers to offer for the staff
augmentation.
SCHEDULING
Project schedules will be determined on a case-by-case basis; however, KOA is a highly reliable firm for projects
requiring tight deadlines. We are proud of our record of timely delivery on our projects. References for our projects
can confirm that our work quality and deployment of staff resources will ensure expedient project design completion.
Upon receiving an executed agreement and as-built plans from the City, KOA usually completes the first submittal
within four weeks. Subsequent plan revisions are generally resubmitted to the City within 10 business days after
receiving the check prints. Please note that KOA cannot be held responsible for the review time required by the City to
check the plans.
Plan checking will follow a set schedule of turnaround timeframes as established by the City. It is strongly expected that
plan checks should not exceed three (3) total plan check cycles. Turnaround times are not to exceed the following:
• First submittal: 10 working days
• Second submittal: 5 working days
• Third submittal: 3 working days
• Mylar review: 2 working days
• Major change during design stage: 7 working days
• Major change in the field: 3 working days
This turnaround time schedule does not exclude the option for expedited plan reviews as needed by the City.
Expedited reviews are not typical, but are anticipated for certain projects deemed as priorities by the City staff. Periodic
meetings will be scheduled to discuss plan check issues with the City's project engineers. Unless otherwise directed by
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AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 8
City staff, no plan check shall be returned to the developer, or the developer’s representative, until the City's project
engineers have been updated on the status of the plan checks being returned. For any reason, if a plan check is
expected to exceed three (3) cycles, KOA will inform the City's engineering staff, and a meeting will be coordinated by
the City and developer to resolve outstanding issues.
MANAGEMENT APPROACH
KOA’S COST CONTROLS
KOA Corporation has a reputation for producing high quality work products. We have numerous repeat clients in both
the public and private sectors who appreciate the quality of work and services that we provide. We have letters of
recommendation from clients, and we have gotten client referrals from public agencies that have reviewed and
approved our work and recognize the quality of our work products.
KOA’s cost control measures include the use of a financial database that is continuously updated. Our financial
database contains detailed information on project and task budgets and expenditures, which the KOA project manager
as well as any of our KOA team members can review at any time. Project financial reports are also routinely distributed
to each of our KOA project managers on a weekly basis. Whenever necessary, the KOA project manager can seek ways
to implement cost saving measures and eliminate any inefficiencies in the work effort without sacrificing quality and
responsiveness. By keeping project costs under control, we will be in a better position to preserve budget for
additional tasks or assignments that may later be needed for the project.
QUALITY ASSURANCE / QUALITY CONTROL
As noted above, we are co mmitted to generating quality work products and strive to producing error-free plans. We
have staff experienced in transportation planning and traffic engineering, as well as civil engineering design, and we
are particularly strong in producing high quality improvement plans and traffic studies/modeling.
For example, our Quality Assurance and Quality Control (QA/QC) process involves having plans go through a minimum
of two stages of internal review before allowing plans to be submitted to an agency for pl an review and approval. The
first stage of internal review involves a peer review by an experienced design engineer. The second stage of internal
review involves another round of reviews by one or more senior-level registered engineers, each individually with over
seventeen years of engineering experience. Each reviewer confirms that plans reflect the appropriate improvement
scope and conform to the approving agency’s design standards and plan format. The reviewers also verify that all plan
check comments have been properly addressed on any plan revisions we prepare. This approach has led to a high
level of quality in our engineering plans, and we believe our firm is establishing a strong reputation with a number of
agencies for producing high quality work products.
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Packet Pg. 362 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 9
PROPOSED STAFFING & PROJECT ORGANIZATION
KOA is one of the largest, most well recognized firms in Southern California in the areas of general civil engineering,
traffic design, transportation planning, and construction management services.
KOA is a California Sub-Chapter S Corporation. The management structure of the firm is a vertical hierarchy, with the
President and CEO having full responsibility of the firm management. Under the President and CEO, there are five
offices, each managed by an individual office manager. The CEO and five office managers form the KOA management
team. The management team confers weekly on mutual administrative and technical issues, and meet face -to-face on a
monthly basis to review performance results. It is a seamless management structure where every office is accountable
for their technical performance, client service and fiscal responsibilities. All of our offices work closely together by
sharing KOA’s pool of professionals, staff and resources to ensure o ur clients receive the best professional services
from KOA. Of our nearly 100 staff members, KOA has 24 California registered Professional Civil Engineers, five
registered Professional Traffic Engineers, and four who are both Professional Civil and Traffic engineers. In addition, we
have three Certified Planners and two LEED certified professionals.
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Packet Pg. 363 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 10
Our organizational approach will be based upon our knowledge of the City’s objective, project requirements, and our
subsequent translation of those into a project plan. It will provide structure for directing, controlling, and reporting
project activities. The KOA team’s management plans for the engineering services will provide the mechanism to
ensure high-quality end products in a timely and cost effective manner. The management plan elements include
technical, schedule and cost control, progress reporting, coordination, and organization. Internal cost control
procedures include budget control, which is facilitated by computerized management information reports that provide
tabulations of actual cost and manpower expenditures incurred against those budgeted. The Project Manager will be
responsible for exercising cost control manpower scheduling and resource allocation and estimates of cost -to-
complete, performed on a period-by-period basis.
After a project to be performed by KOA under this agreement is identified by the City, we will quickly assess our
resource commitments and identify the most qualified Project Manager. In most instances, Ms. Guan will be able to
take on the role of Project Manager. We will then assess the availability of technical staff based on our extensive array
of staff resources available to us.
Ms. Ming Guan, PE, TE, will lead the project team as the Project Manager and will b e the day-to-day contact for the
City. Ms. Guan is a registered Civil Engineer and Traffic Engineer in California, and has worked on various planning and
traffic design projects; as a result, she has gained an insight into both planning and design issues t hat come up on
transportation projects. She has hands-on experience in traffic signal design, interconnection design, and street
improvement design. She can be reached in our Ontario office at (909) 890-9693 or by e-mail at mguan@koacorp.com.
Acting as QA/QC Manager and Technical Advisor for the project will be Mr. Walter Okitsu, PE, PTOE. Walter brings over
32 years of experience in traffic engineering and signal system design. Walter i s a founder and principal of KOA.
PROJECT ORG CHART
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Packet Pg. 364 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 11
STAFF RESPONSIBILITY AND AVAILABILITY MATRIX
KOA has a long history with On-Call Traffic Engineering services, and has consistently demonstrated our ability to
perform the assigned scope of work and to meet schedules. We have also provided services for street lighting design,
obtained electrical service information, and reviewed street widening projects involving signal modification work.
KOA’s technical staff is familiar with the City’s plan format, along with design features routinely used for traffic signal
and striping plans. Whether plans involve resort area features or complex fiber optic communications facilities, we are
familiar with the City’s preferred methods to complete the various des igns.
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Packet Pg. 365 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 12
PROJECT TEAM RESUMES W/AVAILABILITY
MING GUAN, PE, TE, VP, SENIOR ENGINEER
PROJECT MANAGER
Ms. Guan has 12 years of experience with work in civil, traffic and highway
design. Ms. Guan is an integral part of many KOA projects which have
involved traffic engineering design for roadway improvements, traffic
signal designs, ramp metering, signing and striping, and traffic control
plans. She has completed a number of roadway and traffic signal design
projects for a number of agencies. She has hands-on experience in
completing PS&E packages. She is also an adjunct professor at Cal Poly
Pomona teaching Computer Programing, Traffic Engineer, Highway
Engineering and Advanced Highway Engineering for Civil Engineering
Department since 2008.
RELEVANT EXPERIENCE
I-10/Rancho Avenue Eastbound On-Ramp Improvements, Colton, CA. Project Manager. KOA was selected by the
City of Colton to complete the PA/ED and PS&E for the On Ramp Improvement project. Funded by SHOPP Minor A
fund, the City desired to widen the I-10 eastbound on-ramp to accommodate safe truck turning movements. The
proximity of the Union Pacific Railroad and the Santa Ana River basin on the south side of the project could influence
the project design development. It is important to lay out the UPRR Railroad right of way during the preliminary design
phase. Our goal is to avoid impacts to UPRR ROW and the overcrossing bridge. The project requires coordination with
Caltrans; preparation of Fact Sheets as well as obtain an encroachment permit from Caltrans District 8. The proposed
improvement includes traffic signal modification, installation of retaining wall, embankment, ramp widening, and
striping. KOA will also assist the City during the construction phase of the project.
New Traffic Signal Design at I-215 (I-10 WB) On-Ramp and Waterman Avenue, San Bernardino, CA. Project
Manager. The City of San Bernardino received funds to improve traffic operations for the I-215 on-ramp and Waterman
Avenue intersection which forms a “T” shape intersection with no signal at neither direction. This project required a
new traffic signal, modification of the signing and striping. The KOA team prepared the PS&E package for the signal
design per Caltrans and City of San Bernardino. KOA coordinated with Caltrans District 8 to obtain a Caltrans
Encroachment Permit which included Utility Coordination, Synchro Analysis, Truck Turning Templates, Isofootcandle
light diagram, Water Pollution Control Report, Cost Estimate, Traffic signal plans, Traffic memorandum, and
Specifications.
Highland/Redlands Regional Connector Project, ATP Cycle 1, Federal Project No. ATPL-5449. (PA/ED, PS&E),
Highland/Redlands, CA. Project Manager. KOA is leading a team to improve the non-motorized transportation
network by constructing regional bikeways and walkways. Bicycle and pedestrian improvements will be constructed
along 4.7 contiguous miles of streets and easements in the cities of Highland and Redlands. Work will include
pavement widening, curb and gutter, curb ramps, median curbs, sidewalks, pavement repairs, slurry seal, Class I and II
bikeway/pedestrian paths, bicycle/pedestrian bridge, bike racks, bollards, bike signals, in-roadway bicycle detection,
pedestrian heads, sharrows, enhanced crosswalks, warning beacons, roadway and bikeway signage, lighting, and speed
feedback signs. Street widening and trail improvements include the incorporation of Class 1, Class II, Class III, and Class
IV facilities for bicyclists and other non-motorized forms of transportation. The improvements will accommodate
students attending high school in the city of Redlands and the local bicycling community. The team’s services include
environmental clearance traffic engineering, utility research, surveying, hydrology, geotechnical engineering, and right -
of-way analysis. KOA is providing conceptual plans and alignments; bicycle safety and awareness education; traffic
calming design; street crossing designs for bicycle and pedestrian uses; and designs for incorporating ADA access.
EDUCATION
MS, Civil Engineering, California State
Polytechnic University, Pomona, 2011
BS, Civil Engineering, California State
Polytechnic University, Pomona, 2006
REGISTRATIONS
Professional Engineer, Civil, CA #75793
Professional Engineer, Traffic, CA #2795
AVAILABILITY: 60%
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Packet Pg. 366 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 13
HSIP Cycle 6 Traffic Signal System, Redlands, CA. Project Manager. Funded by Highway Safety Improvement
Program (HSIP) Cycle 6, a new traffic signal system will be installed at the intersection of Orange Street and Pioneer
Avenue. Orange Street is a secondary arterial highway and Pioneer Avenue is a local street currently controlled with
all-way stop signs. The intersection has experienced a significant increase in peak hour traffic due to the recent
construction of the high school on Pioneer Avenue and Taxes Street approximately five years ago. The proposed signal
is needed in order to accommodate the traffic and pedestr ian movement. Signing and striping will be modified to
accommodate signal operation. KOA was retained by the City of Redlands to prepare a PS&E packet for the project.
Traffic Signal and Interconnect Design for City of Rancho Cucamonga, Rancho Cucamonga, CA. Project Manager.
KOA was selected by the City of Rancho Cucamonga to provide design services and complete a PS&E package for the
following intersections:
Design new traffic signals at:
1) East Avenue at Miller Avenue
2) Sixth Street at Rochester Avenue
3) Milliken Avenue at Fifth Street
4) Rochester Avenue at Jersey Boulevard
Traffic Signal Interconnect at:
1) East Avenue at Miller Avenue Interconnect
2) Sixth Street at Rochester Avenue Interconnect
3) Milliken Avenue at Fifth Street Interconnect
4) Rochester Avenue at Jersey Boulevard Interconnect
The project design services included intersection modifications at a couple of locations, construction of ADA Ramps,
and signing and striping. At one of the intersections, coordination with the business owner was required for their
access needs.
Traffic Signal & Street Improvements to Linden Ave & Riverside Ave, Rialto, CA . Project Manager
The City of Rialto desired to install a new traffic signal system. The existing intersection was not constructed to the
ultimate width, but the City planned to negotiate with the property owner to obtain additional right of way for
proposed widening and to allow installation of the traffic signal equipment at their ultimate locations. Lanes were
added to provide turning lanes as needed. KOA was responsible for preparing the PS&E package for the intersection
improvement and legal description for one parcel.
Seven Traffic Signals and Street Improvement Design Services, Fontana, CA. Project Manager. KOA was selected
by the City of Fontana to provide design services and complete PS&E packages for the following intersections:
1. Valley Boulevard at Oleander Avenue
2. Juniper Avenue at Randall Avenue
3. Valley Boulevard at Almond Avenue
4. San Bernardino Avenue at Cypress Avenue
5. Merrill Avenue at Oleander Fontana Avenue
6. Juniper Avenue at Ceres Avenue
7. Sierra Avenue and Riverside Avenue
The project design services included intersection modifications, construction of ADA Ramps, and signing and striping.
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Packet Pg. 367 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 14
WALTER OKITSU, PE, PTOE, PTP, VP
PRINCIPAL-IN-CHARGE/QA/QC
Mr. Okitsu is a co-founder and principal of KOA with 30+ years of
transportation engineering and planning experience working in private
consulting and public agencies. He is the current Western District President
of the Institute of Transportation Engineers. He has extensive experience in
transportation planning and traffic design on a wide variety of projects. He
has overseen designs for traffic signals, street lighting, signing and striping,
worksite traffic control, and roadway improvements. He has field and
managerial experience on parking studies, traffic impact studies, feasibility
analysis, and circulation projects. Much of his current work includes
leading-edge projects that promote non-motorized transportation while
mitigating vehicular traffic. Prior to co-founding KOA, he worked for the
City of Los Angeles and prepared the signal timing for the first transit
priority project in California for fully actuated traffic signals.
RELEVANT EXPERIENCE
West Hollywood Pedestrian Traffic Signal Design, West Hollywood, CA. Project Engineer. Mr. Okitsu developed
the signal phasing for the conversion of four mid-block crosswalks in the City of West Hollywood along Santa Monica
Boulevard between Palm Avenue and West Knoll Drive to signalized crosswalks. Motor vehicle versus pedestrian
collisions were occurring in the existing unsignalized crosswalks despite the presence of zebra -striped crosswalks,
advance yield markings, median refuge islands, bulb-out curb extensions, flexible pavement-mounted flexible R1-6
“State Law” Yield to Pedestrian in Crosswalk” signs, and at one location, rectangular rapid flashing beacons. For the
midblock signals, KOA Corporation recommended flashing red midblock signal controls with standard green and
yellow indications as an alternative to HAWK signals. Furthermore, KOA recommended and designed West
Hollywood’s first flashing yellow arrow controls at two intersections.
Culver City Corporate Pointe Traffic Signal Upgrade, Culver City, CA. Project Engineer. Mr. Okitsu developed the
signal phasing and signal timing for traffic signal upgrades to satisfy the project conditions of an office development in
the Fox Hills community within Culver City. Among the upgrades were the City of Culver City’s first flashin g yellow
arrow controls for left turn movements. The flashing yellow arrows replaced protected left turn phasing and protected -
permissive phasing at the intersection of Hannum Avenue and Uplander Way. The design required replacement of the
City’s Type 170 controller software with a newer Type 2070 program.
Culver City Traffic Signal Upgrade and Left Turn Phasing, Culver City, CA. Project Manager. Mr. Okitsu led the
KOA team in design traffic signal upgrades to modify the left turn phasing at seven signal ized intersections for the City
of Culver City. The upgrades also involved installation of wheelchair ramps, bicycle detection, and the City’s first radar
detectors. Alternatives such as split phasing, protected -permitted left turns, flashing yellow arrow phases, and
crosswalk removals were compared using microsimulation. KOA also designed one of the first Class II left turn bike
lanes in Southern California to provide bicycle-only access to the Ballona Creek bike path. KOA’s work scope also
included assistance during construction.
Westlake Boulevard (SR-23)/Townsgate Road Street and Traffic Signal Improvements, Thousand Oaks, CA
Project Principal. Mr. Okitsu was responsible for preparation of conceptual and preliminary plans which set the curb to
curb lengths, number of lanes, left turn pockets, raised medians, right-of-way identification, signal equipment,
sloping/retaining walls and physical constraints and transitions. He designed traffic signals and signing & striping for
the intersection and bike lanes, sidewalks, traffic control plans and handicap ramps. Mr. Okitsu investigated possible
locations for street widening and utility substructures along both Westlake and Townsgate and prepared final designs.
He obtained approvals from both Caltrans and the City of Thousand Oaks.
EDUCATION
BS, Civil Engineering, California State
University, Los Angeles, 1994
MS, Transportation Engineering, UC
Berkeley, 1981
BS, Math-Computer Science, UCLA,
1979
REGISTRATIONS
Professional Engineer, Traffic, CA
#1406
Professional Engineer, Civil, CA #52655
Professional Traffic Operations
Engineer
Professional Transportation Planner
AVAILABILITY: 50%
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Packet Pg. 368 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 15
ERIC YANG, PE, TE, SENIOR ENGINER
SIGNAL TIMING & COORDINATION
Mr. Yang has more than 14 years of experience in traffic engineering
design. He has designed and managed a variety of projects including
traffic signal, signal interconnect, intelligent transportation systems (ITS),
and the connectivity between field operations and local traffic
management center (TMC). Mr. Yang has extensive experience with
Caltrans, the City of Los Angeles, the County of Los Angeles, and many
other Southern California cities and agencies. Mr. Yang has prepared
traffic signal timing in the City of Los Angeles’, Bi -Tran, and LACO
program formats. In 2014, Mr. Yang was invited to be an Expert
Consultant for the Traffic Engineer Examination Recruitment by the
California Board of Professional Engineers, Land Surveyors, and
Geologists. He is currently still serving in this capacity.
RELEVANT EXPERIENCE
Central Ave Traffic Signal Modification and Fiber Optic Interconnect Plan, Glendale, CA. Project Manager. KOA
prepared traffic signal modification plans for six (6) signals along Central Avenue between Wilson Avenue and Pioneer
Drive, and fiber optic communication system plans on Central Avenue between Colorado Street and Broadway for the
City of Glendale. The scope of work included preparation of a preliminary design report, construction plans,
specifications and engineer’s estimates (PS&E). Mr. Yang was directly responsible for the traffic signal, CCTV and signal
interconnect design.
SANDAG Mid-City BRT, San Diego, CA. Project Engineer. KOA prepared the traffic signal modification plans and fiber
optic communication system for the Mid-City Bus Rapid Transit (BRT) project in the city of San Diego. The project was
funded in whole by the San Diego Association of Governments (SANDAG) to facilitate bus operations along El Cajon
Boulevard. The design scope was to install over 5 miles of fiber optic cable; replace traffic s ignal controllers; optical
detectors and other devices enabling communication between transit vehicles and traffic signal controllers at 33
intersections; and prepare specifications and estimates for the project. Mr. Yang modified the previously approved
traffic signal and signal interconnect plans, and provided construction support for this rapid transit project.
Pacific Coast Highway/Torrance Boulevard Northbound Right Turn Lane Design, Redondo Beach, CA. Project
Manager. KOA assisted the City of Redondo Beach in preparing improvement plans for the widening of Pacific Coast
Highway (State Route 1) / Torrance Boulevard intersection to provide an exclusive right -turn lane on the northbound
approach. KOA also prepared a Caltrans Fact Sheet for non-standard lane widths and Caltrans fiber optic interconnect
plans to reinstall over 2.6 miles of new fiber optic cable that were affected by the intersection widening. KOA
processed the encroachment permit application, improvement plans, Fact Sheet, and right-of-way documents with
Caltrans District 7.
SR-60/Lemon Avenue Interchange, Diamond Bar, CA. Task Manager. KOA prepared a traffic study in support of the
environmental document, and a Project Report for a new interchange on th e 60 Freeway at Lemon Avenue in Diamond
Bar. KOA's work scope included preparation of traffic -related plans for the project, which proposes to modify the
Pomona Freeway interchange at Brea Canyon Road, and construct a new interchange at Lemon Avenue. Mr. Y ang was
task manager in charge of traffic signal system PS&E.
Coachella ST-68 Traffic Synchronization Project, Coachella, CA. Task Manager. Mr. Yang was in charge of the traffic
signal and interconnect design for this traffic synchronization project in the City of Coachella.
EDUCATION
Advanced Traffic Signal Operations.
UC Berkeley Extension, 2005
Basic Traffic Signal Design Certificate,
UC Berkeley Extension, 2002
BS, Civil Engineering, California State
Polytechnic University, Pomona, 2001
REGISTRATIONS
Professional Engineer, Traffic, CA
#2672
Professional Engineer, Civil, CA #83116
AVAILABILITY: 50%
12.e
Packet Pg. 369 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 16
RYAN CALAD, TE, SENIOR ENGINEER
ENGINEERING DESIGN
Mr. Ryan Calad is a motivated and innovative traffic engineer with 12 years of work
experience in the traffic engineering, planning, and design field. He is practiced in
signal timing, signing and striping plans, signal modifications, traffic control plans,
traffic impact assessments, parking studies, and parking management plans. His
specific work experience includes highway improvement projects, intersection and
arterial capacity analyses, traffic signal coordination, intersection design, cost
estimates, and simulation studies. Mr. Calad is versed in in many design and
analysis programs and extremely knowledge with various NEMA, TEES and ATC
traffic controllers and central management systems.
RELEVANT EXPERIENCE
Grand Avenue Beautification Project PS&E, Diamond Bar, CA. Project Manager.
Mr. Calad managed the signal modifications and improvements for the Grand Avenue Beauti fication Project. KOA’s
plans included the removal of existing signal poles and equipment; new decorative signal poles, mast arm, signal
heads, and back plates; pedestrian and push-button housings; mounting equipment to match the decorative signal
pole color; traffic signal equipment; the relocation and remounting of painted IISNS and video detection cameras; and
the re-installation of signs to new poles. As KOA’s project manager and on-call engineering support for the City, Mr.
Calad’s role included overseeing the design plans; creating the project specification and estimates; and construction
support for tasks that included pot holing pole locations, change orders, and the review of traffic control plans.
Port of Long Beach Harbor Scenic Drive Improvements, Long Beach, CA. Project Manager. KOA provided traffic
planning and engineering support to the prime consultant for this improvement project. Harbor Scenic Drive, from
Ocean Boulevard to Harbor Plaza was a four to six lane expressway with numerous on/off-ramps, merging/diverging/
weaving areas, and elevated or undercrossing segments. Roadway traffic consisted mostly of heavy trucks, acc ounting
for nearly two-thirds. KOA's work included a traffic operation evaluation and a safety evaluation of the corridor via a
traffic study, as well as work for the construction documents (PS&E) for the project improvements which included the
singing and striping plans, lighting plans, and traffic control plans.
City of Yorba Linda Signal Warrant Studies, Yorba Linda, CA. Project Manager/Engineer. Mr. Calad conducted traffic
signal warrant studies for the five intersections on Bastanchury Road at Eureka Avenue, Plumosa Drive and Yorba Linda
High School (YLHS) Driveways. The purpose of the analysis was to determine if traffic signals are warranted at the five
study intersections based on existing and future traffic conditions. The future conditions included additional traffic
generated by two approved residential projects adjacent to YLHS. Traffic control was evalua ted using CAMUTCD signal
warrants, CAMUTCD multi-way stop warrants, and Caltrans Highway Design Manual Sight Distance Standards.
City of Coachella ST-68 Traffic Signal Synchronization Project, Coachella, CA. Task Manager. The KOA team
provided comprehensive design, bid, and build services for the City TSS project for the City’s Traffic Signal Systems
which include construction documents (PS&E) for controller upgrades, ITS hardware & software upgrades, fiber
optic interconnect of all City intersections, and the PS&E to build a traffic management center (TMC). Additionally
the project includes signal timing analysis, coordination and timing implementation for 16 City traffic signals. Mr.
Calad managed the signal timing, coordination and implementation and the PS&E for the TMC and ITS elements.
City of Pomona On-call Traffic Engineering Services, Pomona, CA. On-Call Assistant City Traffic Engineer. While
under the on-call contract, KOA provided staff to the City of Pomona as the City Traffic Engineer and Assistant City
Traffic Engineer. As part of the on-call services, Mr. Calad’s role and assignments included the review and approval of
traffic control plans, traffic studies, signal warrants, accident analysis, and to be the initial contact for citizen-requested
traffic reviews and inquiries.
EDUCATION
BA, Social Ecology (Urban Planning
Focus), University of California,
Irvine, CA, 2007
Cert., Type 2070 Traffic Signal
Controllers, University of California,
Berkeley Technology Transfer
Program (Course TE-09), 2015
REGISTRATION
Professional Engineer, Traffic, CA
#2692
AVAILABILITY: 40%
12.e
Packet Pg. 370 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 17
MARIO RAMOS, EIT, ASSISTANT ENGINEER
SIGNAL TIMING & COORDINATION
Mr. Mario Ramos is a versatile Assistant Engineer for KOA’s Ontario office
location. He has extensive experience with signal timing synchronization and
ATP projects. He has been involved with the entire synchronization project
process, from establishing the existing conditions of a network through data
collection and field inventory, to then creating optimized timing plans via
Synchro 9 software. He has experience converting timing information and
creating converted timing sheets to fit the desired system. He is capable of
implementing timing plans in the field at the controller and/or on site at an
entity’s Traffic Management Center. Utilizing Tru-Traffic software, he has
completed several before and after studies in their entirety, including
completing travel time runs, post processing data, and compiling reports.
RELEVANT EXPERIENCE
New Traffic Signal Design at I-215 (I-10 WB) On-Ramp and Waterman Avenue, San Bernardino, CA. Design
Engineer. The City of San Bernardino received funds to improve traffic operations for the I -215 on-ramp and Waterman
Avenue intersection which forms a “T” shape intersection with no signal at neither direction. This project will require a
new traffic signal, modification of the signing and striping. The KOA team prepared the PS&E package for the signal
design per Caltrans and City of San Bernardino.
HSIP Cycle 6 Traffic Signal System, Redlands, CA. Design Engineer. Funded by Highway Safety Improvement
Program (HSIP) Cycle 6, a new traffic signal system will be installed at the intersection of Orange Street and Pioneer
Avenue. Orange Street is a secondary arterial highway and Pioneer Avenue is a local street currently controlled with
all-way stop signs. The intersection has experienced a significant increase in peak hour traffic due to the recent
construction of the high school on Pioneer Avenue and Taxes Street approximately five years ago. The proposed signal
is needed in order to accommodate the traffic and pedestrian movement. Signing and striping will be modified to
accommodate signal operation. KOA’s tasks included street improvement plans, utility coordination, synchro analysis,
traffic memorandum, signing and striping, and a flashing yellow traffic signal installation. KOA also assisted the City in
acquiring approval for the Caltrans RFA package and environmental documents.
Traffic Signal and Interconnect Design for City of Rancho Cucamonga, Rancho Cucamonga, CA. Design Engineer.
KOA was selected by the City of Rancho Cucamonga to provide design services and complete PS&E package for the
following intersections:
Design new traffic signals at:
1) East Avenue at Miller Avenue
2) Sixth Street at Rochester Avenue
3) Milliken Avenue at Fifth Street
4) Rochester Avenue at Jersey Boulevard
Traffic Signal Interconnect at:
1) East Avenue at Miller Avenue Interconnect
2) Sixth Street at Rochester Avenue Interconnect
3) Milliken Avenue at Fifth Street Interconnect
4) Rochester Avenue at Jersey Boulevard Interconnect
The project design services included intersection modifications at a couple of locations, construction of ADA Ramps,
and signing and striping. At one of the intersections, coordination with the business owner was required for their
access needs.
EDUCATION
BS, Applied Physics, California State
University, San Marcos, 2015
Minor, Mathematics, California State
University, San Marcos, 2015
REGISTRATIONS
Engineer-in-Training, CA
AVAILABILITY: 60%
12.e
Packet Pg. 371 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 18
MIN ZHOU, PE, VP, SENIOR ENGINEER
TRANSPORTATION PLANNING
Ms. Zhou has 25 years of transportation engineering and planning
experience with both private consultant companies and public agencies.
She is knowledgeable in roadway design, traffic design, transportation
modeling and studies, non-motorized transportation, database
management, and statistical analysis. Ms. Zhou has managed several large-
scale projects involving multiple stake holder groups and has a reputation
of delivering projects on-time and under budget.
RELEVANT EXPERIENCE
Town of Apple Valley Safe Routes to School Ma ster Plan, Apple Valley,
CA. Principal-in-Charge. The Town of Apple Valley obtained the Caltrans
Sustainable Transportation Planning Program grant as a winning city out of 141 applicants. The grant is used to
develop a town-wide Safe Routes to School (SRTS) Master Plan, which would serve 10 Kindergarten through 8th grade
schools for the Apple Valley Unified School District (AVUSD) and the Town of Apple Valley, which has a population of
more than 70,000 people. This grant would allow a comprehensive evaluation of these grade schools and focus on the
risks and options necessary to improve their routes. The proposed SRTS master plan will provide the first step towards
improving the infrastructure and the everyday lives of Apple Valley students by allowing safer and better routes to and
from school. The SRTS plan is intended to improve the health of students through increased exercise and reduced
greenhouse gas and emissions by reducing the number of vehicle miles traveled. This would be accomplished by
accommodating an increase in the number of students walking and cycling to school. The SRTS master plan will
enhance walkability and bicycling for students in kindergarten through 8th grade, but it will also benefit secondary
students. The plan promotes safe w alking and cycling through the 6 Es campaign. Ms. Zhou conducts quality control
reviews and advises the project manager, as needed.
SBCTA Metrolink Station Accessibility Improvement Project PS&E, ROW Engineering & Design Support Services
During Construction, San Bernardino County, CA. Principal-In-Charge. SBCTA prepared a report that recommended
first and last-mile access improvements to transit stations based on a planning-level analysis. Subsequently, SBCTA
conducted environmental clearance studies and submitted an ATP Cycle 1 grant application, which was approved for
$4.6 million to fund the design and construction of the proposed improvements. Six Metrolink stations, located in the
cities of Montclair, Upland, Rancho Cucamonga, Rialto, and San Bernardino, have been determined to be the first set to
receive the improvements. KOA was selected to put together a construction bid package for accessibility improvement
projects for six stations and to provide assistance during construction. The improvements in cludes road diets, traffic
signal modifications, enhanced crossings, trail extensions, sidewalk design, wayfinding signage, striping, automated rail
crossing gates for pedestrians, bicycle lockers, bicycle parking, bicycle facilities, pavement repairs, and lighting. The
implemented designs will provide enhanced station access to pedestrians and bicyclists. Ms. Zhou conducts quality
control reviews and advises the project manager, as needed.
City of Barstow Professional Traffic Engineering, Design, and Environmental Services for Various Signalized
Intersection Improvements Along Main Street and Barstow Road, Barstow, CA. Principal-In-Charge. KOA is
providing to the City of Barstow a complete PS&E package with traffic engineering, signal coordination, and as -needed
environmental services for their HSIP-funded 13 signalized intersections improvement project to improve the safety
and reduce traffic incidents along the corridors of Main Street and Barstow Road. The identified improvements to
reduce traffic incidents are upgrades to the traffic signal system and coordination of the traffic signal system with
updated vehicle heads, pedestrian countdown heads and APS system, EVP, detection, controlle rs and wireless
interconnect. Ms. Zhou conducts quality control reviews and advises the project manager, as needed.
EDUCATION
MS, Civil Engineering, Michigan State
University, E. Lansing, MI, 1993
MS, Urban Planning, School of
Architecture, Tsinghua University,
Beijing, China, 1989
BS, Urban Planning, School of
Architecture, Tongji University,
Shanghai, China, 1986
REGISTRATIONS
Professional Engineer, Civil, CA #66448
AVAILABILITY: 50%
12.e
Packet Pg. 372 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 19
ROGER PELAYO, SENIOR TRANSPORTATION PLANNER
TRANSPORTATION PLANNING
Roger Pelayo has more than 9 years of experience specializing in a wide
range of studies. He has prepared circulation elements for general plans,
community plans, mobility studies on neighborhood and community
scales, parking studies, and impact studies throughout Southern
California. Mr. Pelayo has helped in the data collection and graphic design
for many of the studies undertaken by the company. He is also proficient
in intersection capacity software and has experience in General Plan
assessment and Project Study reports. His academic and work experience
provides him with a background in ArcGIS for mapping, research and
analysis.
RELEVANT EXPERIENCE
Big Bear Valley Bicycle, Pedestrian and Equestrian Master Plan, Big Bear, CA. Transportation Planner & Lead GIS
Analyst. Responsible for the GIS-based modeling and mapping for the pedestrian, bicycle, and bus transit analysis. The
unique setting required different variables to be considered such as steep grades and seasonal conditions. Mr. Pelayo
analyzed traffic impacts and bicycle and pedestrian connectivity throughout the city, and implemented a complete
streets analysis. KOA was the lead contributor in developing a methodology to measure the level of traffic stress on
each roadway to determine how each road’s traffic volume, speed, and other factors affect bicyclists.
City of Indio Safe Routes to School Master Plan, Indio, CA. Assistant Project Manager/Pedestrian & Bike Audits
Support. KOA developed a Safe Routes to School (SRTS) Master Plan for all 19 elementary, middle, and high schools
located within Indio. The plan was based on five community workshops, walking safety assessments at each school,
student travel tallies and parent surveys, and input from a variety of stakeholders. It included a vision and policy
statement, a community engagement action plan that included a summary of the public input process, descriptions
and characteristics of each school, a description of the existing travel environment and barriers, proposed
improvements to increase active transportation, and a phased implementation plan. The master plan integrated health,
fitness, traffic relief, environmental awareness, and safety, as suggested by the California Department of Public Health.
The plan included a list of priority projects; encouragement, enforcement, education, and engineering strategies; a time
schedule for phased implementation strategies; a map of the areas covered by the plan; and an explanation of how the
program would be evaluated. The plan identified next steps, including environmental work, permitting, and preliminary
engineering. The plan centered on non-motorized transportation options within a one-half mile radius around the
schools. The plan incorporated the six “E’s” of safe routes to school planning, which were: education, encouragement,
engineering, enforcement, evaluation and equity.
SBCTA Safe Route to School Phase II Project, San Bernardino County, CA. Outreach Task Manager. SBCTA
maintains a regional non-motorized transportation plan (NMTP) that is traditionally bicycle -focused. KOA is helping
SBCTA expand the NMTP’s focus to include pedestrian and safe routes to school components. This study is intended to
establish a data collection methodology for local jurisdiction and school district uses. Our work efforts include
walk/bike audits and providing feasible and grant application -ready improvement recommendations and cost
estimates. Mr. Pelayo developed an outreach and logistics plan to conduct 55 school event meetings within a one-year
period.
City of Imperial Beach On-Call Traffic Engineering and Planning Services, Imperial Beach, CA. Project Planner.
KOA is in the second cycle of our contract with the City to provide on -going traffic engineering services which involves
us acting as the City Traffic Engineer as required. Mr. Pelayo has assisted in assignments that vary from reviewing safety
and operational issues to updating the speed survey; reviewing and commenting on the submittals by developers; and
suggesting conditions for dealing with impacts and development.
EDUCATION
BS, Urban & Regional Planning,
California State Polytechnic University,
Pomona, 2007
Minor, Geographic Information
Systems, California State Polytechnic
University, Pomona, 2007
AVAILABILITY: 50%
12.e
Packet Pg. 373 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 20
SIMILAR WORK EXPERIENCE AND REFERENCES
KOA staff offers exceptional experience and innovation in the fields of Transportation Planning and Traffic Engineering,
and we provide a comprehensive range of services from initial Project Planning and Environmental Impact Analyses,
through the Design, Specifications and Bidding processes, as well as through the Construction Management and
Observation stages, ending with the completion and approval of project implementation.
KOA’s engineering staff has a very extensive background in
conducting and processing traffic impact analyses for major
private and public development projects throughout the Southern
California region. Our staff will design creative and very cost-
effective traffic mitigation measures, and will reevaluate mitigation
designs offered by others to significantly reduce the costs and
impacts of implementing such measures.
KOA’s traffic engineering design services include studies to
authorize and fund the installation of new traffic signals, the
installation of intelligent transportation systems (ITS), and/or the
upgrading of existing signal systems, along with the preparation
of traffic signal and street lighting plans, specifications, and cost
estimates. These services include construction oversight and inspections, for completion and approval of the project,
and for compliance with all local, regional, state, and federal requirements and regulations.
SERVICES AVAILABLE
Traffic Data Collection and Analysis
Traffic Modeling
Traffic Planning and Operations Studies
Funding Application Preparation
Environmental/Traffic Impact Analyses
Site Development Planning and Design
Neighborhood Traffic Management (Calming)
Traffic Striping and Signing Design
Traffic Signal Design
Traffic Signal Timing and Coordination
Intelligent Traffic System (ITS)
Design/Operations
Construction Traffic Control Design
Construction Management and Oversight
CURRENT ON-CALL CONTRACTS
On-call Traffic Engineering Services for the City of Rialto
On-call Traffic Engineering Services for the City of Chino Hills
On-call Traffic Engineering Services for the City of Anaheim
On-call Traffic / Transportation Services for the City of Orange
On-call Traffic / Transportation Services for the City of Pasadena
On-call Traffic Engineering Services for the City of Imperial Beach
On-call Civil Engineering Services for the City of La Habra
On-call Planning and Design Services for the City of Long Beach
On-call Civil Engineering Services for the City of National City
RSM Signal Interconnect
12.e
Packet Pg. 374 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 21
REFERENCE:
City of Colton
Victor Ortiz, City Engineer
650 N. La Cadena Dr.
Colton, CA 92324
(909) 370-5065
2016-Present
REFERENCE:
City of Highland
Dennis Barton, Project Manager
27215 Base Line
Highland, CA 92346
(909) 864-8732 x251
2017-Present
REFERENCE:
City of Redlands
Jason Montgomery, Assoc. Civil Eng
35 Cajon St., Ste. 15A
Redlands, CA 92373
(909) 798-7584 x5
2016-Present
I-10/RANCHO AVENUE EB ON-RAMP WIDENING
COLTON, CA
KOA was selected by the City of Colton to complete the PA/ED and PS&E for
the On Ramp Improvement project. Funded by SHOPP Minor A fund, the
City desires to widen the I-10 eastbound on-ramp to accommodate safe
truck turning movements. The proximity of the UPRR and the Santa Ana
River basin on the south side of the project could influence the project
design development. It is important to lay out the UPRR Railroad right of
way during the preliminary design phase. Our goal is to avoid impacts to
UPRR ROW and the overcrossing bridge. The project requires coordination
with Caltrans; preparation of Fact Sheets as well as obtaining an
encroachment permit from Caltrans District 8. The proposed improvement
includes installation of retaining wall, embankment, ramp widening, striping ,
and traffic signal modification. KOA will also assist the City during the
construction phase of the project.
HIGHLAND-REDLANDS CONNECTOR PROJECT, ATP CYCLE
1, FEDERAL PROJECT NO. ATPL -5449
HIGHLAND/REDLANDS, CA
KOA is leading a team to improve the non-motorized transportation
network by constructing regional bikeways and walkways. Work will include
pavement widening, curb and gutter, curb ramps, median curbs, sidewalks,
pavement repairs, slurry seal, Class I and II bikeway/pedestrian paths,
bicycle/pedestrian bridge, bike racks, bollards, bike signals, in -roadway
bicycle detection, pedestrian heads, sharrows, enhanced crosswalks, warning
beacons, roadway and bikeway signage, lighting, and speed feedback signs.
Street widening and trail improvements include the incorporation of Class 1,
Class II, Class III, and Class IV facilities for bicyclists and other non-motorized
forms of transportation. The team’s services include environmental clearance
traffic engineering, utility research, surveying, hydrology, geotechnical
engineering, and right-of-way analysis. KOA is providing conceptual plans
and alignments; bicycle safety and awareness education; traffic calming
design; street crossing designs for bicycle and pedestrian uses; and designs
for incorporating ADA access.
REDLANDS HSIP CYCLE 6 TRAFFIC SIGNAL SYSTEM
REDLANDS, CA
Funded by Highway Safety Improvement Program (HSIP) Cycle 6, a new
traffic signal system is to be installed at the intersection of Orange Street
and Pioneer Avenue. Orange Street is a secondary arterial highway and
Pioneer Avenue is a local street currently controlled with all-way stop
signs. The intersection has experienced a significant increase in peak hour
traffic due to the recent construction of the high school on Pioneer Avenue
and Taxes Street. The signal is needed in order to accommodate the traffi c
and pedestrian movement. Signing and striping will be modified to
accommodate signal operation.
12.e
Packet Pg. 375 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 22
REFERENCE:
LA County Dept of Public Works
Marin Amundson
900 S. Fremont Ave.
Alhambra, CA 91803
(626) 300-4705
2012
REFERENCE:
City of San Bernardino
Mahmoud Khodr, Traffic Engineer
201 North “E” St., 2nd Floor
San Bernardino, CA 92418
(909) 384-7251
2017-Present
REFERENCE:
City of Diamond Bar
Christian Malpica, Associate Engineer
21810 Copley Dr.
Diamond Bar, CA 91765
(909) 839-7042
2011-2016
FOOTHILL BOULEVARD TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT
ARCADIA, MONROVIA, PASADENA, CA
KOA prepared traffic signal modification plans to upgrade and synchronize
the traffic signals for the Los Angeles County Department of Public Works, as
part of their Countywide Traffic Signal Synchronization Program. The project
length is approximately 4.8 miles and involved multiple jurisdictions, including
the Cities of Arcadia, Monrovia, and Pasadena, the County of Los Angeles, and
Caltrans. KOA’s scope of work involved the preparation of traffic signal
modification plans for 14 intersections and signing and striping plans for 2
intersections. Preparation of the traffic signal modification plans involved
extensive and thorough field reviews, preparation of accurate base drawings,
and design of traffic signal improvements to satisfy the synchronization
program guidelines and the County’s, Cities’, and Caltrans’ design standards.
The range of improvements included controller and cabinet upgrades, traffic
signal equipment upgrades, vehicle detection, GPS time-based units, median
nose modifications, pedestrian access ramps, crosswalks, striping, and
roadway signage.
NEW TRAFFIC SIGNAL DESIGN AT I-215 (I-10 WB) ON-
RAMP AND WATERMAN AVENUE
SAN BERNARDINO, CA
The City of San Bernardino received funds to improve traffic operations for
the I-215 On-Ramp and Waterman Avenue intersection which forms a “T”
shape intersection with no signal in either direction. This project will require
a new traffic signal, modification of the signing, and striping. The KOA team
prepared the PS&E package for the signal design per Caltrans and City of
San Bernardino. KOA coordinated with Caltrans District 8 to obtain a
Caltrans Encroachment Permit which included Utility Coordination, Synchro
Analysis, Truck Turning Templates, Isofootcandle light diagram, Water
Pollution Control Report, Cost Estimate, Traffic Signal Plans, Traffic
Memorandum, and Specifications.
ON-CALL FOR ITS-RELATED SERVICES FOR THE CITY’S
TMC
DIAMOND BAR, CA
KOA provides technical support to manage the City’s Traffic Management
Center Central System (which runs on TransSuite software) and other ITS-
related services. The scope of work includes troubleshooting potential
problems between the local controller and its internal circuitry within the
cabinet and determining problems that cause a loss of communications
between local controllers and the TMC. KOA performs diagnostic testing on
components inside the cabinet and the communication system in the TMC.
KOA checks for the proper connection and “punch- down” of the interconnect
system and for the conditions of cables and their shields. KOA informs City
staff if there are issues that warrant further action, including replacement of
faulty parts and components.
12.e
Packet Pg. 376 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 23
REFERENCE:
City of Fontana
Chris Smethurst, Project Manager
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6649
2015-2017
REFERENCE:
City of Rialto
Hector Gonzalez, Associate Civil Eng
335 W. Rialto Ave.
Rialto, CA 92376
(909) 421-4986
2013-2017
REFERENCE:
City of Rancho Cucamonga
Natalie Avila, Associate Engineer
10500 Civic Center Dr.
Rancho Cucamonga, CA 91729
(909) 774-4076
2017
FY 2016/2017 INSTALLATION OF FOUR (4) TRAFFIC
SIGNALS AT VARIOUS LOCATIONS
RANCHO CUCAMONGA, CA
KOA was selected by the City of Rancho Cucamonga to provide design
services and complete a PS&E package for four intersections. Design new
traffic signals and traffic signal interconnect at:
1) East Avenue at Miller Avenue Interconnect
2) Sixth Street at Rochester Avenue Interconnect
3) Milliken Avenue at Fifth Street Interconnect
4) Rochester Avenue at Jersey Boulevard Interconnect
The project design services included intersection modifications at a couple of
locations, construction of ADA Ramps, and signing and striping. At one of the
intersections, coordination with the business owner was required for their
access needs.
SEVEN TRAFFIC SIGNALS & STREET IMPROVEMENT
DESIGN SERVICES
FONTANA, CA
KOA was selected by the City of Fontana to provide design services and
complete PS&E package for the following intersections:
1. Valley Boulevard at Oleander Avenue
2. Juniper Avenue at Randall Avenue
3. Valley Boulevard at Almond Avenue
4. San Bernardino Avenue at Cypress Avenue
5. Merrill Avenue at Oleander Fontana Avenue
6. Juniper Avenue at Ceres Avenue
7. Sierra Avenue and Riverside Avenue
The project design services included intersection modifications at a couple
of locations, construction of ADA Ramps, and signing and striping.
TRAFFIC SIGNAL & STREET IMPROVEMENTS TO LINDEN
AVE & RIVERSIDE AVE
RIALTO, CA
The original scope of the project was to install a new traffic signal system at
the intersection of Riverside and Linden Avenues. The existing intersection is
not currently constructed to its ultimate width, but coordination with the
property owners will take place to obtain additional right of way to allow
installation of the traffic signal improvements at their ultimate locations .
After the KOA team completed 85% PS&E package per the original scope,
the City desired to extend the project scope which includes widening
Riverside Avenue with two through lanes for the NB traffic. Thirteen parcels
and existing power poles will be impacted due to the proposed widening.
The final scope of work includes coordination with impacted utility
companies for relocation of existing facilities; preparation of right of way
legal descriptions and plats; providing ROW appraisal and acquisition
services; and coordinating with San Bernardino County to obtain signing and
striping approval. 100% PS&E has been completed.
12.e
Packet Pg. 377 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 24
REFERENCE:
City of Coachella
Oscar Espinoza, Senior Civil Engineer
1515 6th Street
Coachella, CA 92236
(760) 398-5744 x168
2015-2017
REFERENCE:
Town of Apple Valley
Rich Berger, Project Manager
14955 Dale Evans Pkwy
Apple Valley, CA 92307
(760) 240-7000
2015-Present
COACHELLA ST-68 TRAFFIC SIGNAL SYNCHRONIZATION
PROJECT
COACHELLA, CA
KOA recently completed ITS and signal design services for the Traffic Signal
Synchronization and ITS Infrastructure Phase I Deployment of the City’s ITS
Master Plan. The scope included complete construction documents (PS&E)
and construction management for controller upgrades, ITS hardware &
software upgrades, new 72 single mode fiber optic interconnect of all City
intersections, redundant wireless interconnect, and the PS&E to construct a
new Traffic Management Center (TMC). The project migrated the City to the
new McCain 2070ATC controllers running the Omni Ex program and
Transparity TMC central system software. The TMC PS&E included the
design for a 3x2-47” flat panel live video wall for the operation center and
server room in support of a central signal control, remote access of video
detection and CCTV pan tilt zoom cameras. Signal Synchronization and
Timing Implementation for 16 City traffic signals was included, as well as
timing implementation and training for City staff for TMC operation. The net
performance improvement for the project resulted in an average reduction
in vehicle travel time by 25% and an increase in travel speed by 30%.
TOWN OF APPLE VALLEY SAFE ROUTES TO SCHOOL
MASTER PLAN
APPLE VALLEY, CA
The Town of Apple Valley obtained the Caltrans Sustainable Transportation
Planning Program grant as a winning city out of 141 applicants. The grant is
used to develop a town-wide Safe Routes to School (SRTS) Master Plan,
which would serve 10 Kindergarten through 8th grade schools for the Apple
Valley Unified School District (AVUSD) and the Town of Apple Valley, which
has a population of more than 70,000 people. This grant would allow a
comprehensive evaluation of these grade schools and focus on the risks and
options necessary to improve their routes. The proposed SRTS master plan
will provide the first step towards improving the infrastructure and the
everyday lives of Apple Valley students by allowing safer and better routes
to and from school. The SRTS plan is intended to improve the health of
students through increased exercise and reduced greenhouse gas and
emissions by reducing the number of vehicle miles traveled. This would be
accomplished by accommodating an increase in the number of students
walking and cycling to school. The SRTS master plan will enhance
walkability and bicycling for students in kindergarten through 8th grade, but
it will also benefit secondary students. The plan promotes safe walking and
cycling through the 6 Es campaign.
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Packet Pg. 378 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
AS NEEDED, ON-CALL TRAFFIC ENGINEERING SERVICES
CITY OF SAN BERNARDINO 25
TEAM LOCATION
KOA has six offices to serve public agencies located throughout southern California. Our local office is in Ontario at
3190 C Shelby Street, with convenient access to the I-10 and I-15 freeway interchange. We staff professional
engineers, technicians, construction managers and inspection staff at this location. KOA has nearly 100 professional
staff, with supporting offices in Monterey Park, Orange, La Quinta, Culver City, and San Diego.
CITY OF SAN BERNARDINO BUSINESS LICENSE
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Packet Pg. 379 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
www.koacorp.com
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Packet Pg. 380 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
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Packet Pg. 381 Attachment: PW.On-Call Traffic Engineering.KOA Exhibit C - Attachment 4 (6067 : Award of as Needed On-Call Traffic Engineering Consultant
13.a
Packet Pg. 382 Attachment: PW.White Head ConstructionContract Award Storm Drain at Various Locations.Report.00 (6068 : Award of Construction Contract
• 3289 Grande Vista Avenue to remove and replace sand bag barrier and about
200 feet long, 8 inch diameter broken storm drain pipe.
• 3rd Street between North Mountain Avenue and North Sierra Way to remove and
replace about 150 feet long, 8 inch diameter broken storm drain pipe with 12 inch
diameter storm drain pipe.
• West Rialto Avenue at North Rancho Avenue to remove and replace about 150
feet long, 15 inch diameter broken storm drain pipe with 24 inch diameter storm
drain pipe.
CIP Project SD04-024 and SD19-002 Plans and Specification No.13277 were
advertised for public bidding on March 12, 2019 and March 15, 2019 in the San
Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert
Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed
Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s
websites, and the San Bernardino Area Chamber of Commerce.
Sealed bids were received and opened on April 04, 2019; the City received eight (8)
bids as follows:
BIDDER CITY BASE BID
White Head Construction Temecula $280,710.00
Tryco General Engineering Rimforest $289,135.00
Humphrey Constructors Diamond Bar $439,900.00
Wright Construction Engineering
Corporation
San Marcos $444,775.00
Dominguez General Engineering Inc.* Pomona $463,600.00
Gentry General Engineering Rancho Cucamonga $517,514.00
Christensen Brothers Apple Valley $529,738.00
Kirtley Construction, Inc. San Bernardino $671,630.00
*The bid from Dominguez General Engineering Inc. did not include a Bid Bond so it was
declared as an incomplete bid and rejected.
The lowest apparent bidder based on the base bid is White Head Construction of
Temecula, California, with a total bid amount of $280,710. The City has reviewed all bid
packages and confirmed that White Head Construction is the lowest responsible and
responsive bidder. If awarded by the City Council, construction is anticipated to begin in
June 2019 and be completed by August 2019.
2018-2019 Goals and Objectives
This project is consistent with Goal No 4: Ensure Development of a Well-Planned
Balanced and Sustainable City. This project will contribute to ensure that the City is
clean and attractive and provide infrastructure designed for long term economic growth.
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Packet Pg. 383 Attachment: PW.White Head ConstructionContract Award Storm Drain at Various Locations.Report.00 (6068 : Award of Construction Contract
Fiscal Impact
The estimated project costs are summarized in the table below.
Estimated Project Cost
Total Bid Amount $ 280,710
Construction Contingency $ 29,290
Engineering and Inspections $ 10,000
Total Contract Work $ 320,000
The lowest responsive bid, with project contingency and engineering inspections, reflect
a total project cost of $320,000. There is sufficient funding in the FY 2018/19 Adopted
Budget in the Storm Drain Fund in Account #’s: 248-160-8672-5011 and 248-160-8671-
5011 to complete the project.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-60,
approving the award of a Construction Contract to White Head Construction in the
amount of $280,710 for storm drain repair at various locations; authorize the City
Manager to execute the construction contingency in the amount of $29,290; and
authorize the City Manager or designee to expend the contingency fund, if necessary, to
complete the project.
Attachments
Attachment Resolution No. 2019-60
Attachment 2 Bid Tabulation for Storm Drain Repair at Various Locations
Attachment 3 Lowest Bid Form for Storm Drain Repair at Various Locations
Attachment 4 Agreement
Attachment 5 Location Map
Ward: 1,2,3,4,5,7
Synopsis of Previous Council Actions:
June 20, 2018 Adopted Resolution No. 2018-189 approving Capital Improvement Program FY
2018/19.
4/25/2019 2:59 PM
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Packet Pg. 384 Attachment: PW.White Head ConstructionContract Award Storm Drain at Various Locations.Report.00 (6068 : Award of Construction Contract
Resolution No. 2019-60
RESOLUTION NO. 2019-60 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH WHITE HEAD CONSTRUCTION IN
THE AMOUNT OF $280,710 FOR SORM DRAIN REPAIR
AT VARIOUS LOCATIONS; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONSTRUCTION
CONTINGENCY IN THE AMOUNT OF $29,290; AND
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY,
TO COMPLETE THE PROJECT
WHEREAS, Article III of the City Charter which provides for the City’s legislative
function with the power to set policy, approve contracts and agreements, and undertake other
obligations;
WHEREAS, White Head Construction, 45015 Via Vaquero, Temecula, California,
92590 is the lowest responsive responsible bidder for Storm Drain Repair at Various Locations
and Special Provision No. 13277; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized and directed to award a
construction contract to White Head Construction in the amount of $280,710
SECTION 3. The City Manager or designee is hereby authorized and directed to
execute said contingency not to exceed $29,290 on behalf of the City.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 385 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Resolution.01-Attachment 1 (6068 : Award of
Resolution No. 2019-60
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 386 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Resolution.01-Attachment 1 (6068 : Award of
Resolution No. 2019-60
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 387 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Resolution.01-Attachment 1 (6068 : Award of
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Packet Pg. 414 Attachment: PW.White Head Construction Contract Award Storm Drain at Various Locations.Bid Form..03-Attachment 3 (6068 : Award of
A G R E EM E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _____ day of _______________, 20___, between
the City of San Bernardino (owner and hereinafter "CITY"), and
____________________________________________________(hereinafter "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the CITY, and under the conditions expressed in the bond as deposited with the
CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the
CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to
furnish all materials, tools and equipment and perform all the work necessary to complete in good
workmanlike and substantial manner the
STORM DRAIN REPAIR AT VARIOUS LOCATIONS
Project No. 13277
in strict conformity with Plans and Special Provisions No. 13277 , and also in accordance with Standard
Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised
“Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works
Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications
are hereby especially referred to and by such reference made a part hereof.
1. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as
full compensation for furnishing all materials and doing all the work contemplated and embraced in this
agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work
and for all risks of every description connected with the work; also for all expenses incurred by or in
consequence of the suspension or discontinuance of work, and for well and faithfully completing the
work and the whole thereof, in the manner and according to the Plans and Special Provisions, and
requirements of the Engineer under them.
2. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on the basis of race,
color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor
shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection of
subcontractors, vendees, or employees in the performance of this
A-1
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Packet Pg. 415 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Agree.04-Attachment4 (6068 : Award of
AGREEMENT: STORM DRAIN REPAIR AT VARIOUS LOCATIONS
Project No. 13277
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This
contract, which may result in the termination of this contract or such other remedy, as recipient deems
appropriate.
4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby
employ the said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at
the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their
heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants
herein contained.
5. It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall
control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting
herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:
Whitehead Construction BY: ___________________
ANDREA M. MILLER
City Manager
BY: _______________________________
TITLE: ATTEST:
MAILING ADDRESS:
45015 Via Vaquero _______________________________
GEORGEANN HANNA
City Clerk
__Temecula, CA 92590_______________
PHONE NO.: ( 951)506-3226___________ APPROVED AS TO FORM:
ATTEST: _______________________________
GARY D. SAENZ, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
A-2
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Packet Pg. 416 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Agree.04-Attachment4 (6068 : Award of
ATTACHMENT 5
LOCATION MAP
LOCATION MAP
WATERMAN AVE & BASELINE ST
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Packet Pg. 417 Attachment: PW.White Head Construction Contact Award Storm Drain at Various Locations.Location Map.05-Attachment 5 (6068 : Award of
LOCATION MAP
JANE ST & ROGERS LN
(2123 E JANE ST)
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LOCATION MAP
CITRUS ST & PALM AVE
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LOCATION MAP
3289 GRANDE VISTA AVE
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LOCATION MAP
3RD ST BETWEEN MOUNTAIN AVE & SIERRA WAY
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LOCATION MAP
RANCHO AVE & RIALTO AVE
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14.a
Packet Pg. 423 Attachment: CED.HdL CSA Amendment #2.Staff Report (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
On February 21, 2019, the Mayor and City Council completed Phase 4 of the
Application Review Process by awarding 16 out of the 17 total commercial cannabis
business permits available.
Discussion
The requested change includes: (1) paying the contract open balance for Phase 3 of the
Application Review Process in the amount of $17,062.50; (2) amend the contract
allowing a three (3) year term through May 2022; (3) two (2) one year extensions are
being requested which would potentially extend the contract through May 2024; and
(4) the amended contract amount of $149,600 for each year of the contract through May
2022. In the event that staff runs over the 30 hours provided by HdL and require
additional technical assistance, there is a built in 10% contingency (Table 1,Objective
3).
The scope of work for the Cannabis Management Services Program is being updated to
include services that will allow the Community and Economic Development staff to
continue in the program implementation process of all the awarded Commercial
Cannabis Business permittees.
The additional Scope of Services includes three objectives related to Commercial
Cannabis Management Program:
Objective 1
On-Site Business Compliance Inspections – Program Management will conduct two
annual on-site compliance inspections for each permitted commercial cannabis
business to determine compliance with State and local laws and recognize best
practices.
Objective 2
Conduct Annual Financial Audits - HdL will conduct an annual financial audit of each
permitted commercial cannabis business to verify the accuracy of the revenue reported
to the City during the review period and will recommend a tax/fee assessment should
the audit reveal any unreported revenue.
Objective 3
Technical Assistance and Subject Matter Expertise - HdL will be available to provide up
to 30 hours of additional general consulting in the form of technical assistance or
subject matter expertise which includes monitoring of changes to State laws and
regulations, understanding of the industry, participation in conference calls, responding
to staff inquiries and additional issues to be determined by the City, at no charge for the
term of this contract.
4/25/2019 4:01 PM
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Packet Pg. 424 Attachment: CED.HdL CSA Amendment #2.Staff Report (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Table 1: Breakdown of Associated Costs for Each Objective
Scope Budget
Objective 1 – Compliance Inspections $6,000.00 per Permittee/Year
Objective 2 – Annual Financial Audits $2,000.00 per Permittee/Year
Objective 3 – Technical Assistance 30 hours at No Charge
Total: $8,000.00 per Permittee/Year
Over the past several years staff has developed a level of expertise in the area of State
Law and permitting for commercial cannabis businesses within the City’s local
jurisdiction. Working with HdL brings the industry wide perspective and knowledge that
is critical to continuing the City of San Bernardino’s Commercial Cannabis Management
Program. HdL has worked with a wide variety of jurisdictions and their vast knowledge
is critical to ensuring that the City’s program is successful, equitable and safe for the
operator and the public.
2018-19 Goals and Objectives
The proposed amendment to the Agreement for preparation of the Commercial
Cannabis Program aligns with: Goal No 1: Implement the City Vision - having a safe
and well run commercial cannabis program creates a mix of uses for the community;
Goal No 3: Create, Maintain and Grow Jobs and Economic Value in the City – the
commercial cannabis program continues to improve economic development
opportunities and economic value of property; and Goal No 4: Ensure Development of a
Well-Planned, Balanced, and Sustainable City – continuing to build on the commercial
cannabis program will ensure a safe well-planned community.
Fiscal Impact
The Community and Economic Development Department is requesting an amendment
to the contract in the amount of $764,613.50 to account number 001-180-0029-5502,
which brings the total contract amount to $765,062.50 over the five (5) year period from
May 2019 through May 2022 including two (2) one year extensions. The cost of these
services is covered by the fees collected under the Cannabis Business Permit. This
request is for an increase in the contract amount only, not to the Community and
Economic Development Department budget.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-62,
approving Amendment Number Two to the Consulting Services Agreement with
Hinderliter, de Llamas and Associates (HdL) to:
1. Increase the total amount of the contract to a total amount not to exceed
$764,613.50 and an annual amount not to exceed $149,600;
2. Add additional services to include on-site business compliance inspections,
annual financial audits, and technical assistance and subject matter expertise;
and
4/25/2019 4:01 PM
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Packet Pg. 425 Attachment: CED.HdL CSA Amendment #2.Staff Report (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
3. Extend the term of the agreement to May 31, 2022 for the Commercial
Cannabis Management Program and include two (2) one year extensions.
Attachments
Attachment 1 Resolution 2019-62; Exhibit A-Consultant Services Agreement
Attachment 2 New Scope of Work
Attachment 3 Amendment Number One dated May 16, 2018
Ward
November 13, 2017, the City entered into a Consultant Services Agreement
May 16, 2018, the Mayor and City Council adopted Resolution No. 2018-136, approving
Amendment Number One with Hinderliter, de Lammas and Associates.
4/25/2019 4:01 PM
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Packet Pg. 426 Attachment: CED.HdL CSA Amendment #2.Staff Report (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Resolution No. 2019-62
RESOLUTION NO. 2019-62 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NUMBER TWO TO THE
CONSULTING SERVICES AGREEMENT WITH
HINDERLITER, DE LLAMAS AND ASSOCIATES (HdL)
TO INCREASE THE TOTAL AMOUNT NOT TO EXCEED
$764,613.50, ADD ADDITIONAL SERVICES, AND EXTEND
THE TERM OF THE AGREEMENT TO MAY 31, 2022
WITH TWO (2) ONE YEAR EXTENSIONS, FOR THE
COMMERCIAL CANNABIS MANAGEMENT PROGRAM
WHEREAS, On May 16, 2018, the Mayor and City Council adopted a Resolution
approving Amendment Number One to the Consulting Services Agreement with Hinderliter De
Lammas (HdL) to increase the total amount not to exceed $119,249, add additional services and
extend the term of the agreement to December 31, 2019. The original compensation approved
was $49,999 and the term was June 30, 2018; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized and directed to execute
Amendment Number Two to a Consulting Services Agreement with Hinderliter, de Llamas and
Associates (HdL) attached hereto as Exhibit “A”, in an amount not to exceed $764,613.50 for a
term ending May 31, 2022 with Two (2) One year extensions.
SECTION 3. The authorization to execute the above-referenced amendment is rescinded
if the amendment is not executed and returned to the Office of the City Clerk within sixty (60)
days following the effective date of this Resolution.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Packet Pg. 427 Attachment: CED.HdL CSA Amendment #2.Resolution (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Resolution No. 2019-62
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 428 Attachment: CED.HdL CSA Amendment #2.Resolution (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Resolution No. 2019-62
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 429 Attachment: CED.HdL CSA Amendment #2.Resolution (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Exhibit “A”
AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER
DE LLAMAS (HdL) FOR THE COMMERCIAL CANNABIS
MANAGEMENT PROGRAM
THIS AMENDMENT NUMBER TWO TO AGREEMENT is made and entered into
this 1st day of May, 2019 ("Effective Date"), by and between the CITY OF SAN BERNARDINO,
CALIFORNIA, a charter city ("CITY"), and HINDERLITER DE LLAMAS (HdL).
("CONSULTANT").
W I T N E S S E T H:
WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services
Agreement on November 13, 2017; and
WHEREAS, CITY and CONSULTANT entered into Amendment Number One on May
16, 2018 amending the Original Consulting Services; and
WHEREAS, CITY and CONSULTANT now wish to amend the agreement to increase the
contract by an additional amount of $764,613.50 to pay the remaining contract balance and
continue services and implementation of the Commercial Cannabis Management Program; and
WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term
of the Agreement to May 31, 2022 with Two (2) One year extensions.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties hereby agree as follows:
1. Section 2.1 Compensation is hereby amended as follows “Over the term of this
Agreement, CONSULTANT shall be paid an amount not to exceed $764,613.50 as
described in the Additional Scope of Services dated March 29, 2019, attached hereto as
Attachment “A”.
2. Section 3.1 Term is hereby amended as follows “This Agreement shall commence on
the Effective Date and continue through May 31, 2022, with Two (2) One year
extensions unless the Agreement is previously terminated as provided for herein.”
3. 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 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.
1
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Packet Pg. 430 Attachment: CED.HdL CSA Amendment #2.Exhibit A (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
Exhibit “A”
AMENDMENT NUMBER TWO TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER
DE LLAMAS (HdL) FOR THE COMMERCIAL CANNABIS
MANAGEMENT PROGRAM
CITY OF SAN BERNARDINO, HINDERLITER DE LLAMAS (HdL).
A Charter City CONSULTANT
_________________________________ ________________________
Teri Ledoux, Acting City Manager Signature
_________________________
Name and Title
ATTEST:
____________________________________
Georgeann Hanna, MMC, City Clerk
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: ____________________________________
2
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Packet Pg. 431 Attachment: CED.HdL CSA Amendment #2.Exhibit A (6069 : Amendment Number Two to Agreement with HdL for the Cannabis Management
City of
San Bernardino
Cannabis Management Services
March 29, 2019
SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste 200
Brea, CA 92821
hdlcompanies.com
CONTACT
David McPherson
T: 714.879.5000
E: dmcpherson@hdlcompanies.com
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
1
TABLE OF CONTENTS
I. LETTER OF TRANSMITTAL ........................................................................... 2
II. PROPOSED SCOPE OF SERVICES ............................................................... 3
III. COST ................................................................................................................ 6
IV. EXPERIENCE AND RESOURCES ..................................................................7
V. REFERENCES .................................................................................................13
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
2
I. LETTER OF TRANSMITTAL
March 29, 2019
Andrea Miller
City Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Re: Proposal for Cannabis Management Services
Dear Ms. Miller,
Thank you for the opportunity to submit this proposal for cannabis management services for the
City of San Bernardino. The enclosed scope of services provides for annual financial audits and
regulatory compliance inspections for all permitted cannabis businesses operating within the
City. The total cost of these services is $8,000 per permittee, per year. In addition, the scope
offers up to 30 hours of technical assistance and subject matter expertise, to be used as needed
at the City’s request.
HdL was incorporated in 1983 and has over 30 years of experience providing revenue
enhancement and consulting services to local governments in California. HdL is a consortium
of three companies established to maximize local government revenues by providing audit,
compliance, economic development, consulting services and software products. Its audit and
consulting services include sales, use and transaction taxes, property taxes, transient occupancy
taxes, and a Cannabis Management Program. HdL’s systematic and coordinated approach to
revenue management and economic data analysis is currently being utilized by over 500
agencies in six states. The firm currently serves 49 counties, 311 cities and 132 transactions tax
districts in California.
Our knowledgeable team of professionals have more than 46 years’ combined experience in the
establishment and implementation of cannabis regulatory programs including establishing land-
use regulations, registration processes, operation regulations for cannabis facilities, staffing
plans, cost recovery, structuring cannabis business taxes and conducting compliance and
financial audits.
We look forward to the opportunity to partner with the City of San Bernardino in developing a
strategy which meets your program needs. If you have any questions or require additional
information, please feel free to contact me by email at anickerson@hdlcompanies.com or David
McPherson at dmcpherson@hdlcompanies.com or by phone at 714.879.5000.
Sincerely,
Andy Nickerson
President, HdL Companies
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
3
II. PROPOSED SCOPE OF SERVICES
The City of San Bernardino is seeking the services of HdL Companies to provide annual
financial audits and compliance inspections of all permitted cannabis businesses operating
within the City. The City has also expressed interest in a number of other possible services,
including providing background checks for individuals associated with cannabis businesses
applications. The specific objectives contained within this scope of services are as follows:
Objective 1: On-Site Business Compliance Inspections
HdL will conduct two on-site compliance inspections annually for each permitted cannabis
business to determine compliance with State and/or local laws and recognized best
practices. If HdL identifies any non-compliant activities, we will provide the City with a
recommended appropriate action to address the deficiency and to ensure future compliance
by the permittee.
The cost for these services includes all of the following:
• Notifying permittee of pending inspection
• 2-hour on-site inspection to ensure that each business complies with all State and
local laws and regulatory protocols for all of the following:
o Inventory management
o Cash handling procedures
o Access control
o Video surveillance
o Product safety
o Alarm system maintenance and safety
o Lock standards
o Packaging and labeling
o Waste management
o Transportation documentation
o Surveillance equipment maintenance
o Occupational badges
o Business records
o Other items as necessary to ensure compliance with laws
• Preparation of a draft report detailing the findings of the inspection and providing
recommendations for improvement where needed. If the inspection identifies any
violations of law or other non-compliance issues, then HdL will prepare a notice to
comply as an included part of the report.
• All travel costs associated with the inspections
• All phone, email and other communications involved in preparing for, scheduling
and coordinating the inspections and providing the report.
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
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Objective 2: Conduct Annual Financial Audits
HdL will conduct an annual financial audit of each permitted cannabis business to verify the
accuracy of the revenue reported to the City during the review period and will recommend a
tax/fee assessment should the audit reveal any unreported revenue. As part of the process,
HdL will conduct an analytical review of the business using the proprietary Cannabis
Analytical Tracking Solution (CATS™) program to ensure there is no diversion of product or
cash. Our unique audit approach allows us to identify if a cannabis operator is under-
reporting its taxes/fees or diverting product from its facility. HdL audit staff will also use
information gathered as a part of compliance inspections to assist with the financial audit.
HdL will help the City prepare a notification letter to send to the business to start the audit.
The letter will contain pertinent information about the audit, including a list of the records
requested and a request for access to the business’ point of sale system. HdL recommends
the notification letter be sent by the City to encourage cooperation from the business and
communicate HdL’s authority to conduct the audit. The audit shall include:
• Field visit
• Gross receipts verification
• CATS™ Analytic Review
• Inventory review (subject to access to the track and trace system)
• POS data entry requirements review
• Preparation and issuance of report
• Exit conference with the City
HdL will provide a draft audit report to the commercial cannabis business. The business will
be given the appropriate time to respond or appeal the report in accordance with the City
ordinance. HdL will review any documentation provided by the business to dispute the
findings and will adjust the tax/fee assessment as necessary prior to issuing the final report
to the City.
Objective 3: Technical Assistance and Subject Matter Expertise
Consultant shall be available to provide up to 30 hours of additional general consulting in the
form of technical assistance or subject matter expertise at no charge for the term of this
proposal. Such assistance shall be provided on an as-needed basis at the City’s request
and may include monitoring of changes to State laws and regulations, understanding of the
industry, participation in conference calls, responding to staff inquires via phone and email,
reviewing staff reports to the City Council, assisting with responses to inquiries from the
public, or other issues yet to be determined as requested by the City.
Assistance provided at no charge under this objective may not be used to provide any of the
services specifically contemplated under objectives 1 or 2, above, or elsewhere in this
proposal. Any additional assistance beyond 30 hours shall be provided at HdL’s hourly rate.
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
5
Additional Services
This cost does not include any follow-up re-inspection or review of any supplemental
documents provided to address or contest any findings of non-compliance, nor does it
include any assistance with the appeal of any enforcement action taken by the City. Any
costs associated with such additional services would be billed at HdL’s hourly rate.
Background Checks
HdL is also qualified to provide supplemental background checks for principals of the
business as part of the application process. In addition, HdL can also provide background
checks for employees who will be working at the regulated businesses. The cost to provide
this service is $300 per person for management staff and $150 per person for line staff. Price
includes an employee identification card designed by HdL with the City’s logo which meets
all State requirements.
Additional Compliance Inspections
HdL’s Cannabis Management Team has over 46 years combined experience conducting
approximately 16,000 cannabis compliance inspections, financial audits and investigations
in Colorado, California and Nevada. HdL can provide annual compliance inspections at the
following rates for each cannabis business permitted in the City.
A. Conduct three (3) compliance inspections annually for each permit at a rate of $3,750.
B. Conduct four (4) compliance inspections annually for each permit at a rate of $5,000.
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Proposal for Cannabis Management Services
for the City of San Bernardino March 29, 2019
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III. COST
The proposed services are broken down into specific line items in the cost table below. Some
of these services may include both fixed costs for developing and initiating each of the various
components of the program and variable costs based on the number of applicants or
businesses. HdL’s fees are based on time, materials and travel-related expenses associated
with the execution of the services.
All costs under objectives 1 and 2 of this proposal would be borne by the cannabis business
as a part of their annual permit cost. The hours and costs in the table below do not include
any additional items that are not contemplated by this scope of services. Any additional
services requested by the City will be billed at HdL’s hourly rate. Prices are valid for 90 days
from March 29, 2019.
Scope of Service Objectives
Estimated Cost
Objective 1: Conduct annual financial audits of all licensed
cannabis businesses1.
$6,000 per
permittee
per year
Objective 2: Conduct 2 regulatory compliance reviews annually for
each cannabis business to ensure ongoing compliance with State
and local regulations1.
$2,000 per
permittee
per year
Objective 3: Provide up to 30 hours of technical assistance or
subject matter expertise, to be used as needed by the City.
No charge2
TOTAL
$8,000 per
permittee
per year
1Costs to be borne by each cannabis business
2Provided at no charge only in combination with Objectives 1 and 2
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Proposal for Cannabis Management Services
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7
IV. EXPERIENCE AND RESOURCES
Company Profile
Founded in 1983, HdL is a consortium of three companies established to maximize local
government revenues by providing audit, compliance, economic development, consulting
services and software products. Its audit and consulting services include sales, use and
transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management
Program. The firm also provides a variety of enterprise software processing tools for
business licensing, code enf orcement, animal control, building permits and tracking/billing of
false alarms. HdL’s systematic and coordinated approach to revenue management and
economic data analysis is currently being utilized by over 500 agencies in six states. The
firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.
HdL’s key staff has extensive experience serving local government and many have previously
held positions in city management, finance, planning, economic development or revenue
collection. HdL is a Corporate Partner of the League of California Cities and California State
Association of Counties and works extensively with the County Auditor’s Association of
California, Calif ornia Society of Municipal Finance Officers (CSMFO) and California
Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs
to strengthen local government revenues.
This close understanding of local government needs coupled with extensive databases
and advanced methodology provides for the most relevant, productive and responsive
revenue recovery; f orecasting; and economic services available.
Our team of professionals has over 46 years of direct experience establishing and
implementing cannabis regulatory and taxation programs, including establishing land-use
regulations, permit processes, staffing plans, and cost recovery fees; structuring
cannabis business tax fees; regulatory compliance; financial audits; and law enforcement
training. Our team has conducted over 16,000 cannabis compliance inspections and
investigations in Colorado, California and Nevada.
Key Personnel
David McPherson, Cannabis Compliance Director
David McPherson works with local agencies to prepare them to mitigate regulatory issues
surrounding Proposition 64 and SB 94. Prior to joining HdL, David served 28 years in local
government for the County of Orange and the cities of Newport Beach, San Jose and
Oakland. David’s experience as a law enforcement officer, compliance auditor, and tax
administrator has provided him a wealth of experience that makes him uniquely qualified to
manage HdL’s Cannabis Management Program. While working for the City of Oakland, he
became the first Tax Administrator in the country to successfully tax, regulate and audit
medical marijuana businesses. David has over 8 years of experience working with cannabis
regulatory programs.
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David is one of the state’s most recognized experts in cannabis regulatory policies,
compliance implementation and tax policies. His unique knowledge in horticulture,
processing and dispensary operations while working for the City of Oakland has made him
one of the pioneers in creating a Cannabis Management Program. He uses his experience
to assist local and state agencies in developing cannabis policies for regulation, compliance,
auditing and economic development. He worked closely with the League of Cities on the
development of the Medical Cannabis Regulation and Safety Act (MCRSA) and helped
shape SB 94, the Medicinal Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
David provides technical support on cannabis-related matters to the League of Cities, the
Police Chief’s Association, Rural County Representatives of California and the California
State Association of Counties. In addition, David is working collaboratively with the
Department of Consumers Affairs, Department of Food & Agriculture, Depa rtment of Health
Services and the State Board of Equalization on the implementation of best practices for
regulating the cannabis industry for local agencies.
David received his Bachelor’s Degree in History from California State University, Fullerton
and his Master’s Degree in Public Administration from California State University, Long
Beach. While at Long Beach, he was named “Future Urban Administrator of the Year”.
Matt Eaton, Cannabis Compliance Manager
Matt Eaton is the Cannabis Compliance Manager at HdL and plays a critical role in
implementing the Cannabis Compliance Program for local agencies. Prior to joining the firm,
he was a progressive law enforcement professional with 29 years’ experience conducting
criminal/regulatory investigations, and corporate/individual background investigations.
While working as a Supervisory Investigator at the Colorado Department of Revenue in the
Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilian
staff in the Denver Metro and Longmont field offices. During his six-year tenure at the MED,
he conducted approximately 10,000 criminal investigations and compliance reviews which
included regulatory and financial investigations. In addition, he is a subject matter expert on
track and trace systems. He understands the complexity of reviewing data to ensure
businesses are in compliance with state and local regulations. Matt was responsible for
planning, developing and implementing report and f ield inspection protocols for the agency.
He also played an instrumental role in recommending changes to current regulations and
identifying essential language for new legislation in Colorado. Matt is well known for his ability
to maintain working relationships with cannabis industry leaders and external stakeholders
in resolving issues.
Matt received his Bachelor of Science Degree from Biola University and currently maintains
a Colorado Post Certificate. He has also served as an adjunct instructor teaching law
enforcement principle related to criminology, correctional processes, procedural law,
interviews, interrogations and criminal evidence at AIMS Community College in Greeley,
Colorado.
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Tim Cromartie, Senior Cannabis Advisor
Tim Cromartie is a Senior Cannabis Advisor at HdL, in which his primary role is providing
policy expertise related to cannabis regulatory and tax policies at the state and local level.
Prior to joining HdL, Tim served as the legislative representative covering public safety issues
for the League of California Cities since 2013, with a heavy emphasis on shaping legislation
governing state and local regulation of marijuana. He has been actively involved in educating
cities on changes in the law resulting from the Medical Cannabis Regulation and Safety Act,
as well as Proposition 64, the Adult Use of Marijuana Act. When these two Acts were merged
into a single regulatory structure in 2017, Tim successfully advocated for clarification of local
government’s regulatory and enforcement authority in the cannabis context, and for related
environmental safeguards in cultivation operations, protections against over-concentration of
businesses, regulation of testing labs, and the inclusion of fire safety standards and a
definition of volatile solvents in state law governing cannabis manufacturing
operations. Since then he has been engaged in educating local governments on the more
recent Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), as well as
advocating for a reduction in the cumulative state tax rate for cannabis, improvements in the
state’s track-and-trace program, and the restoration of a statewide cultivation cap.
Prior to the League, he held a variety of positions in the Legislature and state government,
including legislative representative for CalPERS Governmental Affairs, legislative director
and public safety consultant to former state Senator Gloria Romero, and field representative
for Congresswoman Barbara Lee during her term in the state Senate. Mr. Cromartie holds
degrees from the University of California at Berkeley (B.A. Political Science) and UC Hastings
College of the Law. Tim is an ardent aviation buff and a member of the California Aerospace
Museum at the site of the former McClellan Air Force Base in Sacramento.
Billie-jo Naysmith, Cannabis Compliance Manager
Billie-jo Naysmth is a Cannabis Compliance Manager at HdL in which she plays a diverse
role in implementing the Cannabis Compliance Program for local agencies in both California
and Colorado. Prior to joining the firm, she was a progressive law enforcement professional
with 23 years’ experience conducting criminal/regulatory investigations, cannabis applicant
background investigations and complex financial investigations.
While working in the Office of the Colorado Attorney General as a Criminal Investigat or she
investigated Financial and Securities Fraud specializing in cannabis business activity. In
addition, she worked closely with forensic accountants analyzing financial records to
determine if criminal activity occurred.
During her tenure as a Supervisory Investigator at the Colorado Department of Revenue in
the Marijuana Enforcement Division (MED), Billie-jo managed criminal investigators and
civilian staff in the Denver Metro and Longmont field offices. During her five-year stretch at
the MED, she conducted approximately 5,000 criminal investigations and compliance
reviews which included regulatory and financial investigations. In addition, she is a subject
matter expert on track and trace systems where she has conducted data analysis in order to
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assist in complex cannabis regulatory investigations. She understands the complexity of
reviewing data to ensure businesses follow state and local regulations. Billie-jo was
responsible for assisting in the strategic planning for the division which included providing
training for investigators. Furthermore, Billie-jo participated in collaborative rulemaking work
groups and focus groups with cannabis industry leaders and external stakeholders to develop
best practice regulations. She also provided critical recommendations for the agencies
cannabis rules and regulations by addressing key loop holes in the Colorado legislation which
was subsequently amended. In addition, Billie-jo formed essential partnerships with federal,
state and local law enforcement agencies as well as local licensing authorities.
Billie-jo received her Bachelor of Science Degree in Business Administration from Colorado
Christian University where she graduated with the distinction of Suma Cum Laude. She also
currently maintains a Colorado POST Certificate.
Mark Lovelace, Cannabis Policy Advisor
Mark Lovelace has 16 years of broad experience in public policy, community engagement
and advocacy and is recognized as a leader in advancing the statewide discussion of medical
and recreational cannabis as a policy issue in California.
Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where
he was instrumental in developing a comprehensive approach to regulating cannabis,
including a voter-approved tax on commercial cultivation and an innovative track and trace
pilot program. Mark established and co-chaired the Medical Marijuana Working Group for
the California State Association of Counties (CSAC) and helped draft CSAC’s legislative
platform for cannabis issues. Mark pioneered the first-ever six-County regional summit on
cannabis issues in 2015 which resulted in the North Coast Counties Marijuana Policy
Statement. His work and input were pivotal in guiding the development of SB 643 and AB
243, two components of the Medical Cannabis Regulation and Safety Act (MCRSA).
Mark has worked extensively with public agencies and statewide associations on cannabis
issues, including CSAC, Rural County Representatives of California, the Association of
California Water Agencies, the North Coast Resource Partnership, California Department of
Fish and Wildlife, the State Water Board, the North Coast Regional Water Board, the Bureau
of Medical Cannabis Regulation, state legislators, the Department of Justice, members of
Congress and others. He has led numerous presentations, workshops and panel
discussions on cannabis issues and has been a sought-after speaker on the topic for
government agencies, community organizations and cannabis industry groups.
Mark received his Bachelor of Science degree in Industrial Design from California State
University, San Jose. Prior to his time on the Board, he worked for many years as a
respected advocate on land use, planning, development and environmental issues.
Kami Miller, Cannabis Senior Auditor
Kami Miller is a Cannabis Senior Auditor at HdL whose primary role is to ensure cannabis
compliance and identify the risk assessment in the supply chain process of each permitted
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business. Prior to joining the firm, she served three years as a Marijuana Compliance
Manager for the Department of Public Behavior and Health (DPBH) for the State of Nevada.
During this time Kami played a key role in Nevada’s implementation of its Medical Marijuana
Program in which she was responsible for statewide monitoring of medical marijuana facilities
that included cultivation, production, testing labs and retail stores.
During her tenure at the DPBH, Kami managed compliance auditors and support staff in the
Las Vegas office. She conducted approximately 1,000 compliance and financial inspections
for which she developed the inspection protocols documentation to create comprehensive
reports. In addition, her experience with various cannabis track and trace systems allowed
her to develop industry supply chain practices for the Department of Taxation.
Kami received her Bachelor of Business Administration in E-Commerce and Supply Chain
Management from Tennessee State University.
Elizabeth Eumurian, Cannabis Senior Auditor
Elizabeth Eumurian is a Cannabis Senior Auditor at HdL. Her primary role is to conduct
financial audits, evaluate cannabis applications and conduct background checks. As part of
the audit program, she will be conducting and preparing analytical information through the
CATS™ program to prepare Tax Analytical Remittance Reports (TARR) summaries to
evaluate under reporting or anomalies in the remittance of tax payments to local jurisdictions.
Elizabeth previously worked as a senior auditor in the entertainment industry. In this role, she
executed testing procedures for targeted audit programs, analyzed findings and prepared
audit and compliance reports. She also has experience working for a large financial institution
analyzing data for reporting anomalies and performing internal audits. Elizabeth has recently
done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach,
Mammoth Lakes, Moreno Valley, Perris, San Bernardino, and Vallejo.
She earned her Bachelor of Arts degree in History from California State University, Fullerton.
She has also received a certificate in CannaBusiness from Oaksterdam University.
Michelle Shaw, Cannabis Compliance Inspector
Michelle is a Cannabis Compliance Inspector at HdL and is tasked with conducting onsite
inspections, examinations and other actions to monitor compliance with established
standards for local licensed cannabis businesses. Prior to joining HdL, she was a
Compliance Specialist Officer at a large, multinational bank where she managed, validated
and oversaw the effectiveness and accuracy of numerous compliance issues within the
consumer retail space. Throughout her eight years of experience at the bank, she performed
onsite assessments of affiliate businesses to determine compliance/non-compliance of their
processes and procedures pursuant to bank standards and state regulations.
A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certificate from
the Global Association of Risk Professionals and a paralegal certificate from the Southern
California College of Business and Law.
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Proposal for Cannabis Management Services
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Alfredo Marquez, Cannabis Senior Auditor
Alfredo Marquez is a Cannabis Senior Auditor at HdL. His primary role is to conduct financial
audits. Alfredo previously worked for Teledyne Technologies analyzing risk assessments for
acquiring new businesses and various units in the organization. In this role he worked with
people at various levels in the organization and successfully conducted financial, Sarbanes
Oxley and compliance audits across North America, Latin America, Europe, and Asia.
Alfredo has recently done work for Cotati, Cloverdale, Desert Hot Springs, Mammoth, Perris,
and Vallejo. He earned his Bachelor’s Degree in Accounting from the University of La Verne.
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V. REFERENCES
City of Desert Hot Springs
Linda Kelly
Finance Director
Phone: 760.329.6411 Ext 289
Email: lkelly@cityofdhs.com
Clara Miramontes
Assistant City Manager
City of Perris
Phone: 951.943.5003 Ext 272
Email: cmiramontes@cityofperris.org
City of Modesto
Steve Mitchell
Acting Planning Manager
Phone: 209.577.5287
Email: smitchell@modestogov.com
City of Moreno Valley
Marshall Eyerman
Chief Financial Officer
Phone: 951.413.3000
Email: marshalle@moval.org
City of Vallejo
Joanna Altman
Assistant to the City Manager
Phone: 707.648.4362
Email: joanna.altman@cityofvallejo.net
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RESOLUTION NO. 2018-136
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO
THE CONSULTING SERVICES AGREEMENT WITH HINDERLITER, DE
LLAMAS AND ASSOCIATES (HdL) TO INCREASE THE TOTAL AMOUNT NOT
TO EXCEED $119,249, ADD ADDITIONAL SERVICES, AND EXTEND THE TERM
OF THE AGREEMENT TO DECEMBER 31, 2019, FOR THE COMMERCIAL
CANNABIS MANAGEMENT PROGRAM
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 a Consulting Services Agreement with Hinderliter, de Llamas
and Associates (HdL) attached hereto as Exhibit "A", in an amount not to exceed $119,249
t'0 r a term ending December 31, 1-019.
SECTION 2. The authorization to execute the above -referenced amendment is
rescinded if the amendment is not executed and returned to the Office of the City Clerk within
sixty (60) days following the effective date of this Resolution.
1
14.e
Packet Pg. 446 Attachment: CED.HdL CSA Amendment #2. Attachment 3 (6069 : Amendment Number Two to Agreement with HdL for the Cannabis
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO
THE CONSULTING SERVICES AGREEMENT WITH HINDERLITER, DE
LLAMAS AND ASSOCIATES (HdL) TO INCREASE THE TOTAL AMOUNT NOT
TO EXCEED $119,249, ADD ADDITIONAL SERVICES, AND EXTEND THE TERM
OF THE AGREEMENT TO DECEMBER 31, 2019, FOR THE COMMERCIAL
CANNABIS MANAGEMENT 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 Joint Regular Meeting thereof, held on the
I e day of May 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD X
MULVIHILL X(5)
ABSTAIN ABSENT
k
Georgeanoanna, CMtXity Clerk
The foregoing Resolution is hereby approved this 16`' day of May 2018.
i
Approved as to form:
Gary D. Saenz, City Attorney
By:'— 2!
R. Carey Davis, Yayor
City of San Beryfardino
14.e
Packet Pg. 447 Attachment: CED.HdL CSA Amendment #2. Attachment 3 (6069 : Amendment Number Two to Agreement with HdL for the Cannabis
AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER,
DE LLAMAS AND ASSOCIATES FOR THE COMMERCIAL CANNABIS
MANAGEMENT PROGRAM
THIS AMENDMENT NUMBER ONE ("AMENDMENT") TO AGREEMENT is
made and entered into this I e day of May 2018 ('Effective Date"), by and between the CITY OF
SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and HINDERLITER, DE
LLAMAS AND ASSOCIATES ("CONSULTANT").
WITNESSETH:
WHEREAS, CITY and CONSULTANT entered into that certain Consulting Services
Agreement on November 13, 2017 ("Agreement"); and
WHEREAS, CITY and CONSULTANT seek by this Amendment to increase the contract
by an additional amount of $69,250 to a total amount not to exceed $119,249; and
WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term
of the Agreement to December 31, 2019.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties hereby agree as follows:
Section 2.0 Term is hereby amended to extend the term of the Agreement to
December 31, 2019.
2. Section 4.3 Compensation is hereby amended to increase the total contract amount to
119,249..
3. HdL Cannabis Management Program, Attachment "A" to this Amendment shall be
included with the Agreement to describe additional services as detailed in Section 4.4
of the Agreement. The rates for the additional services are contained in Attachment A.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the agreement shall remain in full force and effect.
Signature Page Follows]
14.e
Packet Pg. 448 Attachment: CED.HdL CSA Amendment #2. Attachment 3 (6069 : Amendment Number Two to Agreement with HdL for the Cannabis
AMENDMENT NUMBER ONE TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND HINDERLITER,
DE LLAMAS AND ASSOCIATES FOR THE COMMERCIAL CANNABIS
MANAGEMENT PROGRAM
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, HINDERLITER, DE LLAMAS AND ASSOCIATES
A Chart - City CONSULTANT
Andrea M. Miller, City Manager Signature
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By. LL4's:
AT T:
Georges Hanna, CM ity Clerk
Name and Title
2
14.e
Packet Pg. 449 Attachment: CED.HdL CSA Amendment #2. Attachment 3 (6069 : Amendment Number Two to Agreement with HdL for the Cannabis
15.a
Packet Pg. 450 Attachment: PW.RMRA.SB1.000 Staff report (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by SB 1 - the
a fiscal year, the City must submit to the Commission a list of projects proposed for
funding. All projects proposed to receive funding must be included in the City budget
that is adopted by the City Council at a regular public meeting. The list of projects must
include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement. The City
must also report on Maintenance of Effort (MOE) compliance to document that the SB1
funds are increasing the City’s expenditure on road maintenance rather than
supplanting City funds.
City Impact
The City expects to receive an allocation of $3,700,000 in FY 2019/20 that can be used
for road maintenance and rehabilitation, safety projects, complete street components, or
traffic control devices. Staff recommends using the RMRA funds for the street segment
rehabilitation within the City (Attachment 2). These street segments were selected
based on the Pavement Index and they will be budgeted for FY 2019/20.
2018-2019 Goals and Objectives
This project is consistent with Goal No. 4: Ensure Development of a Well-Planned,
Balanced and Sustainable City. The Project will contribute to well-maintained streets for
sustained economic growth
Fiscal Impact
The estimated construction costs of the street segments through the City as shown on
Exhibit “A” are approximately $3,700,000 total appropriations. After receiving FY
2019/20 RMRA funds, $3,700,000 in total revenue will be available for the identified
projects.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-63,
adopting a list of projects for FY 2019/20 funded by SB 1 - The Road Repair and
Accountability Act of 2017.
Attachments
Attachment 1 Resolution
Attachment 2 Project List
Attachment 3 Location Map
Ward: All
Synopsis of previous actions:
12/20/2017 Resolution No. 2017-242 adopted approving a list of Projects to receive Road
Maintenance and Rehabilitation Account funding for FY 2017/18.
05/16/2018 Resolution No. 2018-143 adopted approving a list of Projects to receive Road
Maintenance and Rehabilitation Account funding for FY 2018/19.
4/25/2019 2:58 PM
15.a
Packet Pg. 451 Attachment: PW.RMRA.SB1.000 Staff report (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by SB 1 - the
Resolution No. 2019-63
RESOLUTION NO. 2019-63 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING A LIST OF PROJECTS FOR FY 2019/20
FUNDED BY SB 1 - THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure
the residents of our City of San Bernardino are aware of the projects proposed for funding in our
community and which projects have been completed each fiscal year; and
WHEREAS, WHEREAS, the City must adopt by resolution a list of projects proposed to
receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA),
created by SB 1, which must include a description and the location of each proposed project, a
proposed schedule for the project’s completion, and the estimated useful life of the improvement;
and
WHEREAS, the City/County, will receive an estimated $3,700,000 in RMRA funding in
Fiscal Year 2019-20 from SB 1; and
WHEREAS, this is the third year in which the City is receiving SB 1 funding and will
enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of San Bernardino has undergone a robust public process to ensure
revenues are being used on the most high-priority and cost-effective projects that also meet the
communities priorities for transportation investment; and
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment
found that the City of San Bernardino’s streets and roads are in fair condition. This revenue will
help us increase the overall quality of our road system and, over the next decade, help us
improve the condition of our streets and roads; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate ten (10)
street pavement rehabilitation segments, add active transportation infrastructure throughout the
City this year and about ten (10) of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the City streets and roads are in an “excellent/good/at-risk/poor” condition and this
15.b
Packet Pg. 452 Attachment: PW.RMRA.SB.001-Resolution-Attachment 1 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by
Resolution No. 2019-63
revenue will help us increase the overall quality of our road system and over the next decade will
bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The following list of proposed projects will be funded in-part or solely
with fiscal year 2019-20 Road Maintenance and Rehabilitation Account revenues:
Crestview Avenue Rehabilitation from East Baseline Street to 20th Street to provide
pavement rehabilitation. Accessibility improvement will be installed or upgraded as part of the
project. This will increase estimated useful life of 20 years to the street. Project is anticipated to
start July 2019 and completed by June 2020.
Electric Avenue Rehabilitation from 48th Street to Cul-De-Sac & Bartlett Drive to provide
pavement rehabilitation. Accessibility improvement will be installed or upgraded as part of the
project. This will increase estimated useful life of 15 years to the street. Project is anticipated to
start July 2019 and completed by June 2020.
5th Street from E Street to F Street to provide pavement rehabilitation. Accessibility
improvement will be installed or upgraded as part of the project. This will increase estimated
useful life of 20 years to the street. Project is anticipated to start July 2019 and completed by
June 2020.
Victoria Ave. Rehabilitation from 800 FT. East of Tippecanoe Ave. to Richardson St. to
provide pavement rehabilitation. Accessibility improvement will be installed or upgraded as part
of the project. This will increase estimated useful life of 15 years to the street. Project is
anticipated to start July 2019 and completed by June 2020.
7th Street Rehabilitation from Waterman Ave to Sierra Way to provide pavement
rehabilitation. Accessibility improvement will be installed or upgraded as part of the project.
This will increase estimated useful life of 15 years to the street. Project is anticipated to start July
2019 and completed by June 2020.
Mt. Vernon Avenue Rehabilitation from 17TH Street to Reece Street to provide pavement
rehabilitation. Accessibility improvement will be installed or upgraded as part of the project.
This will increase estimated useful life of 15 years to the street. Project is anticipated to start July
2019 and completed by June 2020.
15.b
Packet Pg. 453 Attachment: PW.RMRA.SB.001-Resolution-Attachment 1 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by
Resolution No. 2019-63
Commercenter Drive West from Hospitality Lane to the North Cul-de-Sec;from
Hospitality Lane to Business Center Drive; from East Airport Drive to Commercenter
Drive East to provide pavement rehabilitation. Accessibility improvement will be installed or
upgraded as part of the project. This will increase estimated useful life of 15 years to the street.
Project is anticipated to start July 2019 and completed by June 2020.
Highland Avenue from Valencia Avenue to Cedar Street to provide pavement rehabilitation.
Accessibility improvement will be installed or upgraded as part of the project. This will increase
estimated useful life of 15 years to the street. Project is anticipated to start July 2019 and
completed by June 2020.
Little Mountain Drive Rehabilitation from Valencia Avenue to Cedar Street to provide
pavement rehabilitation. Accessibility improvement will be installed or upgraded as part of the
project. This will increase estimated useful life of 15 years to the street. Project is anticipated to
start July 2019 and completed by June 2020.
Arden Avenue Rehabilitation From Pacific Street to Highland Creek to provide pavement
rehabilitation. Accessibility improvement will be installed or upgraded as part of the project.
This will increase estimated useful life of 15 years to the street. Project is anticipated to start July
2019 and completed by June 2020.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
________________________________
Gary D. Saenz, City Attorney
15.b
Packet Pg. 454 Attachment: PW.RMRA.SB.001-Resolution-Attachment 1 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by
Resolution No. 2019-63
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
15.b
Packet Pg. 455 Attachment: PW.RMRA.SB.001-Resolution-Attachment 1 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by
Attachment No. 2
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
PAVEMENT REHABILITATION FOR STREETS
LOCATION LISTING COST SPREADSHEET
SB-1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT
Estimated
Street Name Limits Cost Ward
Crestview Avenue
Rehabilitation
from East Baseline Street to 20th
Street $490,000 1,2
Electric Ave
Rehabilitation
from 48th Street to Cul-De-Sac &
Bartlett Drive $410,000 4
5th Street from E Street to F Street $500,000 1
Victoria Ave.
Rehabilitation
from 800 FT. East of Tippecanoe
Ave. to Richardson St. $185,000 3
7th Street Rehabilitation from Waterman Ave to Sierra Way $220,000 1
Mt. Vernon Avenue
Rehabilitation from 17TH Street to Reece Street $475,000 6
Commercenter Drive
West
from Hospitality Lane to the North
Cul-de-Sec;from Hospitality Lane to
Business Center Drive; from East
Airport Drive to Commercenter
Drive East
$540,000 3
Highland Avenue from Valencia Avenue to Cedar
Street $295,000 2,7
Little Mountain Dr
Rehabilitation from 48th Street to Sundance Drive $335,000 5
Arden Ave Rehabilitation From Pacific Street to Highland
Creek $250,000 7
$3,700,000TOTAL
15.c
Packet Pg. 456 Attachment: PW.RMRA.SB.002-Project List-Attachment 2 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by
LOCATION MAP
CRESTVIEW AVENUE FROM BASELINE STREET TO 20TH STREET
15.d
Packet Pg. 457 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
ELECTRIC AVENUE REHABILITATION FROM 48TH STREET TO CUL-DE-SAC & BARTLETT DRIVE
15.d
Packet Pg. 458 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
5TH STREET FROM ‘E’ STREET TO ‘F’ STREET
15.d
Packet Pg. 459 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
E VICTORIA AVENUE FROM S TIPPECANOE AVENUE TO RICHARDSON STREET
15.d
Packet Pg. 460 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
7TH ST FROM N SIERRA WAY TO N WATERMAN AVE
15.d
Packet Pg. 461 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
MT. VERNON AVENUE REHABILITATION FROM 17TH STREE TO REECE STREET
15.d
Packet Pg. 462 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
COMMERCENTER DRIVE WEST FROM HOSPITALITY LANE TO THE NORTH CUL-DE-SEC; FROM
HOSPITALITY LANE TO BUSSINESS CENTER DRIVE; FROM EAST AIRPORT DRIVE TO
COMMERCENTER DRIVE EAST
15.d
Packet Pg. 463 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
HIGHLAND AVENUE FROM VALENCIA AVENUE TO CEDAR STREET
15.d
Packet Pg. 464 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
LITTLE MOUNTAIN DRIVE FROM 48TH STREET TO SUNDANCE DRIVE
15.d
Packet Pg. 465 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
LOCATION MAP
ARDEN AVENUE FROM PACIFIC STREET TO HIGHLAND CREEK
15.d
Packet Pg. 466 Attachment: PW.RMRA.SB.003-LOCATION MAP-Attachment 3 (6070 : City of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded
16.a
Packet Pg. 467 Attachment: CED.PSA with Annie Clark.Amendment.Report (6071 : Amendment No. 1 to Professional Services Agreement Between the City of
Her current contract will conclude on June 30, 2019. Amendment No. 1 will allow both
the Community & Economic Development and Finance Departments to continue
utilizing her services. Staff’s proposal is to devote 70% of Ms. Clark’s time to the
Housing Division and 30% to the Finance Department, in order to accommodate a
broader focus on citywide grants administration. Utilizing Ms. Clark’s expertise during
the 2019/20 Fiscal Year will result in continuity of the ongoing work with the audit clean
up and the grant programs.
2018/19 Goals and Objectives
The proposed consultant services agreement meets Goal No. 6: Operate in a Fiscally
Responsible and Business-Like Manner. Retaining Ms. Clark’s accounting consulting
services will allow for continued effective management and reporting of grants received
by the City.
Fiscal Impact
The total cost of Ms. Clark’s services from July 1, 2019 to June 30, 2020 will not exceed
$87,500. Sufficient resources have been included in the FY 2019/20 Proposed Budget
to fund the agreement; funding will be allocated 70% from CDBG (Community &
Economic Development) and 30% from general fund (Finance).
Conclusion
It is recommended that the Mayor and City Council authorize the execution of
Amendment No. 1 to Professional Services Agreement for accounting consultant
services and authorize the City Manager or designee to take any further actions as
necessary to effectuate the agreement.
Attachments
Attachment 1 Amendment No. 1 to the Professional Services Agreement between the
City of San Bernardino and Annie Clark
Attachment 2 Consultant Services Agreement between Annie Clark and City of San
Bernardino
Attachment 3 Consultant Services Agreement between Annie Clark and the City of
San Bernardino Dated June 6, 2018
Ward: N/A
Synopsis of Previous Council Actions:
March 07, 2017: Resolution No. 2017-28 Mayor and City Council authorized the first
amendment to the Professional Services Agreement with Ms. Clark in an amount not to
exceed $84,000.
June 21, 2017: Resolution No. 2017-110 Mayor and City Council authorized the second
amendment to the Professional Services Agreement with Ms. Clark for accounting
consultant services not to exceed $90,000.
June 6, 2018: Resolution No. 2018-144 Mayor and City Council authorized a new
Professional Services Agreement with Ms. Clark in an amount not to exceed $88,000
4/24/2019 10:31 AM
16.a
Packet Pg. 468 Attachment: CED.PSA with Annie Clark.Amendment.Report (6071 : Amendment No. 1 to Professional Services Agreement Between the City of
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
CITY OF SAN BERNARDINO
AND
ANNIE CLARK
This Amendment (“Amendment”) is made and entered into this 1st day of July
2019, (“Effective Date”) by and between the City of San Bernardino (“City”) and Annie Clark
(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and
collectively as “Parties.”
RECITALS
WHEREAS, City and Consultant entered into a Professional Services Agreement
on June 6, 2018, setting forth the terms and conditions under which Consultant would perform
professional consulting services for the City (“Agreement”); and
WHEREAS, City and Consultant desire to amend the Agreement to extend the
term of the Agreement until June 30, 2020, and modify the Consultant’s total amount to $87,500.
TERMS
1. Section 2.1. Section 2.1 of the Agreement is hereby amended in its entirety to
read as follows:
2.1 Compensation. Except as provided herein, CONSULTANT shall be paid at
the rate of $91.00 per hour for a total amount not to exceed Eighty-seven Thousand, Five
Hundred Dollars ($87,500.00).
2. Section 3.1. Section 3.1 of the Agreement is hereby amended in its entirety to
read as follows:
3.1 Term. The effective date of this Agreement shall be July 1, 2019. This
Agreement shall commence on the Effective Date and continue through the completion of
services as set forth in Exhibit “A”, not to occur later than June 30, 2020, unless the
Agreement is previously terminated as provided for herein. After expiration, this
Agreement may at the sole option of CITY be renewed for one additional year up to one
more time, for a total term not to exceed three years. Renewals shall be made by written
amendment according to the requirements set forth in Section 4.14 of this Agreement.
3. Execution of Amendment. In accordance with Section 4.14 of the Agreement,
this Amendment shall only be effective upon the execution by City and Consultant.
4. Counterparts. This Amendment may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
55600.00100\31903779.1 1
16.b
Packet Pg. 469 Attachment: CED.PSA with Annie Clark.Amendment.Attachment 1 (6071 : Amendment No. 1 to Professional Services Agreement Between the
5. Entire Agreement. This Amendment represents the entire understanding of the
City and the Consultant as to those matters contained in this Amendment, and supersedes and
cancels any prior oral or written understanding, promises or representatives with respect to those
matters covered in this Amendment, and it shall not be amended, altered or changed except by a
written agreement signed by the parties hereto.
6. Full Force and Effect. Except as amended by this Amendment, all other
provisions of the Agreement remain in full force and effect. From and after the date of this
Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment.
7. Severability. If any provision of this Amendment shall be held invalid or
unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Amendment unless elimination of such provision
materially alters the rights and obligations set forth herein.
8. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
CITY OF SAN BERNARDINO ANNIE CLARK
By: By:
Teri Ledoux
Acting City Manager
55600.00100\31903779.1 2
16.b
Packet Pg. 470 Attachment: CED.PSA with Annie Clark.Amendment.Attachment 1 (6071 : Amendment No. 1 to Professional Services Agreement Between the
CONSULTANT SERVICES AGREEMENT
BETWEEN ANNIE CLARK AND CITY OF SAN BERNARDINO
This Consultant Services Agreement is entered into this 1st day of July 2019, by and
between Annie Clark (“CONSULTANT”) and the City of San
Bernardino (“CITY”).
WITNESSETH:
WHEREAS, the City of San Bernardino Community & Economic Development
Department and the Finance Department are in need of a consultant to provide services to CITY ;
and
WHEREAS, 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 to the Community & Economic Development Department and the Finance Department
professional services described in the Scope of Services attached hereto as Exhibit “A” and
incorporated herein by this reference. If a conflict arises between the Scope of Services and any
other term of this Consultant Services Agreement (hereinafter “Agreement”), the other terms of
this Agreement shall govern.
1.2. Professional Practices. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by personnel identified herein 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 she is familiar with all laws that may
affect the 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.
1.3. 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, defend with
counsel reasonably acceptable to CITY, and hold harmless CITY from and against all claims,
Annie Clark Consultant Agreement 1
16.c
Packet Pg. 471 Attachment: CED.PSA with Annie Clark.Attachment 2 (6071 : Amendment No. 1 to Professional Services Agreement Between the City of San
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 performance of this Agreement, CONSULTANT shall not
engage in, nor permit officers, employees or agents of CONSULTANT to engage in,
discrimination in employment of persons because of their race, religious creed, color, national
origin, ancestry, age, mental or physical disability, medical condition, genetic information,
marital status, gender, gender identity, sexual orientation, military and veteran status, 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 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. Delegation 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 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 fiduciary duty as to CITY and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with
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 CONSULTANT’S profession, skill, and
business.
2.0 COMPENSATION AND BILLING
2.1. Compensation. Except as provided herein, CONSULTANT shall be paid at the
rate of $91.00 per hour for a total amount not to exceed Eighty-eight Thousand Dollars
($87,500.00) as set forth in Exhibit “A."
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2.2. Expenditures by CONSULTANT. No expenditures made by CONSULTANT in
performing the services, including mileage or miscellaneous expenses, shall be reimbursed by
CITY.
2.3. Additional Services. CONSULTANT shall not receive compensation for any
services provided outside the scope of services specified in Attachment “A” unless CITY, prior
to CONSULTANT performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests for 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 satisfaction, as determined by CITY in its sole discretion, for the time
period billed. CITY shall pay CONSULTANT’s invoice within thirty (30) days from the date
CITY received said invoice. The invoice shall describe in detail the service performed and the
associated time expended for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as “Additional Services,” and the invoice on
which the Additional Services appear shall identify the number of the authorized change order,
where applicable.
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
a period of (3) years from the Effective Date, as defined in Section 3.1 of this Agreement.
3.0 TERM AND RENEWAL; NOTIFICATION
3.1. Term. The Effective Date of this Agreement shall be July 1, 2018. This
Agreement shall commence on the Effective Date and continue through the completion of
services as set forth in Exhibit “A”, not to occur later than June 30, 2019, unless the Agreement
is previously terminated as provided for herein. After expiration, this Agreement may at the sole
option of CITY be renewed for one additional year up to two times, for a total term not to exceed
three years. Renewals shall be made by written amendment according to the requirements set
forth in Section 4.14 of this Agreement.
3.2. Termination. Either CITY or CONSULTANT may terminate the services
provided under 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 rendered
prior to the date of termination and documented as required under Section 2.0 of this Agreement.
3.3. Documents. In the event of termination of this Agreement, all documents
prepared by CONSULTANT in the performance of this Agreement shall be delivered to 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.
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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. The terms of this Agreement shall prevail over any inconsistent
provision in any other contract or 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,
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 Gretel Noble
31610 Sweetwater Circle Housing Manager
Temecula, CA 92591 290 North D Street
San Bernardino, CA 92401
4.3. Attorneys’ Fees. In the event that litigation is brought by any party in connection
with this Agreement, each party shall bear its own attorneys’ fees. No right of any party to
recover attorneys’ fees in the event of such litigation is intended by the parties and no such right
shall be implied from 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 assignment, transfer, subletting or
encumbrance without such consent 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 with
counsel reasonably acceptable to CITY, indemnify and hold harmless CITY and its elected and
appointed officials, boards, commissions, officers, attorneys, agents and employees from any and
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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 or willful misconduct.
4.7. Independent Contractor. CONSULTANT, at all times while performing under
this Agreement, is and shall be acting as an independent contractor and not as an agent or an
employee of CITY. CONSULTANT shall be solely 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 the officers, agents, and employees of CONSULTANT as may be
required by law. CONSULTANT shall secure, at the sole expense of CONSULTANT, all
business licenses or other governmental permissions or authorizations required in connection
with the services to be performed hereunder. Neither CONSULTANT nor the officers, agents
and employees of CONSULTANT shall be entitled to receive any benefits which employees of
CITY are entitled to receive including without limitation workers’ compensation insurance
benefits, unemployment compensation, medical insurance, life insurance, paid vacations, paid
holidays, pension, profit sharing or social security on account of CONSULTANT’s and
CONSULTANT’s 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 Interest Disclosure. CONSULTANT or CONSULTANT’s 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 interests.
CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a
material breach of this Agreement and is grounds for termination of this Agreement by CITY.
4.9. Responsibility for Errors. CONSULTANT shall be responsible for
CONSULTANT’s 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 professional services necessary to rectify and correct
the matter to the sole satisfaction of CITY and 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.
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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. Section and subsection headings contained in this Agreement are
included solely for convenience and are not intended to modify, explain or be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of
this Agreement.
4.14. Amendments. This Agreement may not be modified or amended except by a
writing executed by all of the parties hereto or their respective successors and assigns. Any
amendment giving rise to an expense of more than $50,000 to CITY shall not be effective unless
and until approved by the City Council of CITY.
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 the right 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.
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
Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Annie Clark Consultant Agreement 6
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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 _________________, 2019 CONSULTANT
By:___________________________
Annie Clark
Dated _________________, 2019 CITY OF SAN BERNARDINO
By:___________________________
Teri Ledoux, Acting City Manager
APPROVED AS TO FORM
Gary D. Saenz, City Attorney
By:___________________________
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Attachment A
ATTACHMENT A
ANNIE CLARK
SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO
CONSULTANT SERVICES AGREEMENT
JULY 1, 2019 TO JUNE 30, 2020
1. Consultant shall assist the City of San Bernardino, under the direction of the Housing
Manager, with the administration of the Community Development Block Grant (CDBG),
Emergency Solutions Grant (ESG), Neighborhood Stabilization Program (NSP 1 and
NSP 3); and HOME Investment Partnerships Act (HOME) programs, and of the Low-
Moderate Income Housing Fund.
2. Consultant shall be paid at the rate of $91.00 per hour for a total amount not to exceed
Eighty-eight Thousand Dollars ($87,500.00) per annum.
3. The Agreement is for the period starting July 1, 2019 and ending June 30, 2020.
4. Unless otherwise agreed by the parties, Consultant shall devote 70 percent of
Consultant’s time in performing services to assist the City’s Community & Economic
Development Department, and 30 percent assisting the City’s Finance Department.
Consultant shall, without limitation, perform the following functions:
Community & Economic Development Department
• Coordinate the preparation and administration of the Federal grant budget.
• Make recommendations on proposals and other budgetary or financial matters.
• Perform analyses of capital program funding sources.
• Prepare, review and/or approve draw-downs of federal and state grant funds including
CDBG, ESG, HOME, and NSP 1 and 3 funds, and prepare drawdown reconciliation
reports and quarterly reports.
• Monitor and periodically update operating and capital budgets to reflect budget
adjustments and funding changes.
• Prepare analyses, schedules, summaries, journal entries and reconciliation to produce
accurate periodic financial reports.
• Prepare cash flow analysis.
• 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.
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• Work directly with housing staff and staff from other departments to resolve technical
accounting issues and problems.
• 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.
Finance Department
• Act as a grant liaison between the Finance Department and Library, Parks, Recreation &
Community Services, Police, and Public Works Departments.
• Assist in the preparation of the grants budgets if applicable.
• Perform periodically review of the Library, Parks, Recreation & Community Services,
Police and Public Works Departments grants revenues and expenditures for accuracy, and
make necessary adjustments.
• Prepare the Federal Financial Reports for the CalVIP grant, the Retired & Senior
Volunteer Program and Senior Companion Program grants.
• Prepare Monthly Reimbursement Report for the Parks, Recreation & Community
Services’ Senior Nutrition Program grant.
• Research and answer financial and other inquires submitted by staff and other
departments.
• Coordinate and assist in the preparation of the audit schedules; analyze, reconcile and
prepare year-end adjusting, accruals, and closing entries.
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17.a
Packet Pg. 487 Attachment: CED.Purchase Sale Agreement for North Harris Street.Report (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
§ 34191.3, the approved LRPMP shall govern, and supersede all other provisions of the
HSC 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 then held by the Successor Agency, included 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.
The Successor Agency is the owner of that certain real property located at N. Harris
Street, San Bernardino, California (APN 0144-131-21) (the “Property”). The Property’s
address has not yet been assigned. Within the LRPMP, the Property is: i) identified as
Site No. 32; ii) described as an approximately 0.11-acre vacant lot zoned Residential
Suburban; iii) designated for sale; and iv) more fully described within Attachment "A" to
this Staff Report, which is an excerpt from the LRPMP.
On March 6, 2017, the Successor Agency Board approved the original Property
Disposition Strategy, which among other things, authorized a competitive process that
would result in listing for sale of 18 real property sites with a real estate broker (two of
which are owned by the City of San Bernardino). On August 16, 2017, the Successor
Agency Board approved the “Amended Property Disposition Strategy” that: i) reduced
the number of real property sites to be listed with a real estate broker from 18 to 16 (one
of which is owned by the City of San Bernardino); ii) provided for an alternate method of
real property disposition for the two real property sites removed from the group to be
listed with a real estate broker; iii) where applicable, provided a current status update on
completed and pending real property transfers; and iv) established an Escrow and Title
Administrative Management Fee to allow the City to recover a portion of the cost of its
services with respect to the management of the sale of real property assets.
Consistent with the amended Property Disposition Strategy, on October 18, 2017, the
Successor Agency approved an agreement with Keller Williams (the “KW Agreement”)
to list and sell 15 real property sites of the Successor Agency (the City entered into a
separate agreement with Keller Williams for its single real property site). The Property
is included within the KW Agreement. As a part of the KW Agreement, KW is required
to prepare of a Broker’s Opinion of Value (the “BOV”) for each property that is to be
sold. Based on past practice, DOF has acknowledged that BOVs are an acceptable
method and basis for confirming that the value of real property being sold is fair and
reasonable.
Discussion
On March 23, 2019, Keller Williams received an offer from Felipe Del Real Soto, Ruben
Castaneda Calderon and Maribel Felix (the “Soto/Calderon/Felix”) to purchase the
Property for $20,000 (the “Purchase Price”) (a copy of the offer is attached to this Staff
Report as Attachment “B”). Subsequent to vetting the offer, Keller Williams has
recommended that the Successor Agency accept Soto/Calderon’s purchase offer.
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Packet Pg. 488 Attachment: CED.Purchase Sale Agreement for North Harris Street.Report (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
On March 26, 2019, KW submitted its BOV, indicating its opinion that the market value of
the Property is $18,336 (the “BOV Market Value”). In consideration that the Purchase
Price exceeds the BOV Market Value by $1,664, or 0.091%, it may be concluded that the
purchase price offered by Soto/Calderon for the Property is fair and reasonable, as more
fully described within the BOV, a copy of which is attached to this Staff Report as
Attachment “C”.
The Purchase and Sale Agreement and Joint Escrow Instructions (the “Purchase and
Sale Agreement”) between the Successor Agency and Soto/Calderon/Felix with respect
to the Property, is attached to this Staff Report as Attachment “D”. Consistent with the
provisions of the HSC and the LRPMP, the effectiveness of the Purchase and Sale
Agreement is subject to the approval of the Oversight Board and review by DOF.
The Purchase and Sale Agreement 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 Purchase and Sale
Agreement does not constitute a “project” for purposes of CEQA, as that term is defined
by CEQA Guidelines § 15378, because the Purchase and Sale Agreement 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.
2018-2019 Goals and Objectives
Approval of the Purchase and Sale Agreement Property aligns with Goals No.
3: Create, Maintain and Grow Jobs and Economic Value in the City; and Goal No.
4: Ensure Development of a Well-Planned, Balanced, and Sustainable City.
The activity involves the winding-down of the former redevelopment agency, which will
result in the transfer of real property assets to third parties to place them into highest
and best economic uses, consistent with the City’s General Plan and Zoning Ordinance,
that will create economic activities, create job opportunities, remove blight, improve
neighborhoods, create affordable housing and increase tax-ratables. The activities will
also result in the fulfillment of monetary obligations resulting in the use of less
Redevelopment Property Tax Trust Fund revenues (formerly known as tax increment)
and increasing the flow of General Tax Levy funds to the taxing entities for appropriate
uses to sustain local government services.
Fiscal Impact
The sale of the Property will cause a positive fiscal impact to the effected taxing entities,
including the City. Once the Property is sold and after the net proceeds of sale are
transferred to the San Bernardino County Auditor-Controller, the San Bernardino
County Auditor-Controller will divide and pay the net proceeds to the affected taxing
entities in proportion to their respective shares of the 1% general tax levy. It is
estimated, after escrow and title charges, and the pay-off of liens, the City could receive
approximately $2,700 ($20,000 [Purchase Price] - $4,800 (estimated commission,
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Packet Pg. 489 Attachment: CED.Purchase Sale Agreement for North Harris Street.Report (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
escrow, and title charges] = $15,200 x 18% [estimated City share of the net proceeds] =
$2,700 [rounded]).
Conclusion
It is recommended that the Mayor and City Council, in the capacity as the Successor
Agency, approve a Purchase and Sale Agreement and Joint Escrow Instructions
between the Successor Agency and Soto/Calderon/Felix with respect to a parcel of real
property located at N. Harris Street, San Bernardino, California (APN 0144-131-21), and
authorize the Acting City Manager to execute the Agreement.
Attachment
Attachment 1 An Excerpt from the LRPMP
Attachment 2 The Purchase Offer
Attachment 3 The BOV
Attachment 4 Original Purchase and Sale Agreement
Ward: 1
Synopsis of Previous Council Actions:
April 3, 2019: The Mayor and City Council, in the capacity as the Successor
Agency, considered an offer to purchase the Property and
authorized staff to continue negotiations with Soto/Calderon/Felix.
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Packet Pg. 490 Attachment: CED.Purchase Sale Agreement for North Harris Street.Report (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 32: Vacant N. Harris Street Residential Property
156
V. Property to be Sold
Site No. 32 - Vacant N. Harris Street Residential Property
Address:
APN:
N. Harris Street
0144-131-21
N. “J” Street N. Harris Street 17.b
Packet Pg. 491 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 1 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 32: Vacant N. Harris Street Residential Property
157
V. Property to be Sold
Site No. 32 - Vacant N. Harris Street Residential Property
A. Permissible Use (HSC § 34191.5 (c) (2)):
Site No. 32 is the Vacant N. Harris Street Residential Property (the “Vacant Residential Property”)
and is proposed to be sold by the Successor Agency.
B. Acquisition of Property (HSC § 34191.5 (c) (1) (A) and § 34191.5 (c) (1) (B)):
Property records indicate that the Vacant Residential Property was acquired by the Agency in
February 1994, and carries a Book Value of $7,500. The Vacant Residential Property was acquired
by the Agency in order to meet the revitalization goals of City and the Agency to alleviate the
existence and spread of physical and economic blight. The estimated current value (the “ECV”) of
the Vacant Residential Property is approximately $16,400.
C. Site Information (HSC § 34191.5 (c) (1) (C)):
The Vacant Residential Property consists of one (1) 0.11-acre parcel (APN 0144-131-21) located at
northwest corner of Harris Street and 16th Street. The Vacant Residential Property is zoned
Residential Suburban (RS). The RS designation is intended to promote the development of single-
family detached units in a suburban setting with a minimum lot size of 7,200 square feet, and a
maximum density of 4.5 units per net acre.
D. Estimated Current Value (HSC § 34191.5 (c) (1) (D)):
To determine an ECV for the Vacant Residential Property, in January 2015, the Agency conducted
a comparable sales analysis through the National Data Collective. The ECV was determined to be
approximately $16,400.
Local factors were not taken into consideration in determining the ECV of this site. The ECV is
only a rough estimate that was obtained from an on-line source where only comparable sales data
are available. It is not possible to include environmental issues or any other special or unique factors
into simple ECV calculations, as such data are not available from the source. Therefore, the actual
value of the property may vary significantly from the ECV. The Successor Agency notes that in
the environment of AB 1484, it may not be possible to achieve appraised values. The Successor
Agency will be in charge of the process seeking to achieve successful marketing of properties, and
will act with reasonable diligence. However, the constraints and environment of AB 1484 militate
against maximizing prices. The actual sales prices to be realized will be a function of what a willing
buyer is willing to pay under circumstances where there will be no seller financing and dispositions
will be subject to Oversight Board approval. There is no reason to think that book values will be
realized.
E. Site Revenues (HSC § 34191.5 (c) (1) (E)):
There are no site revenues generated from the Vacant Residential Property.
F. History of Environmental Contamination (HSC § 34191.5 (c) (1) (F)):
There is no known history of environmental contamination.38
38 http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=J+St+and+17th+St+San+Bernardino
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Packet Pg. 492 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 1 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 32: Vacant N. Harris Street Residential Property
158
V. Property to be Sold
Site No. 32 - Vacant N. Harris Street Residential Property
G. Potential for Transit Oriented Development (TOD) and the Advancement of Planning Objectives
of the Successor Agency (HSC § 34191.5 (c) (1) (G)):
There is no potential for a TOD in conjunction with Vacant Residential Property.
Selling the Vacant Residential Property advances the planning objectives of the Successor Agency
and the City to develop and revitalize this area of the community through the creation of
opportunities for private investment in the City.
H. History of Previous Development Proposals and Activity (HSC § 34191.5 (c) (1) (H)):
There is no history of previous development proposals or activities in conjunction with the Vacant
Residential Property.
I. Disposition of Property:
The Successor Agency proposes to sell the Vacant Residential Property in accordance with the
Successor Agency’s policies and procedures for property disposition as shown in Exhibit “A”
Section I. Purchase and Sale Procedures.
The ECV of the Vacant Residential Property is approximately $16,400.
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 $16,400.
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.
Proposed sale date – TBD and subject to the Successor Agency’s implementation of its policies
and procedures for property disposition as shown in Exhibit “A.”
Proposed sale value – TBD and subject to a fair market appraisal conducted by a licensed
appraiser.
The Successor Agency notes that in the environment of AB 1484, it may not be possible to achieve
appraised values. The Successor Agency will be in charge of the process seeking to achieve
successful marketing of properties, and will act with reasonable diligence. However, the
constraints and environment of AB 1484 militate against maximizing prices. The actual sales prices
to be realized will be a function of what a willing buyer is willing to pay under circumstances where
there will be no seller financing and dispositions will be subject to Oversight Board approval. There
is no reason to think that book values will be realized.
17.b
Packet Pg. 493 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 1 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 32: Vacant N. Harris Street Residential Property
159
V. Property to be Sold
Site No. 32 - Vacant N. Harris Street Residential Property
J. Implementation of the Long-Range Property Management Plan:
Following the approval of the LRPMP by the DOF, the Successor Agency will implement the
LRPMP.
For properties to be sold, implementation will include distribution of any land sales proceeds for
enforceable obligations and/or distributed as property tax to the taxing entities. Due to the vagaries
associated with the sale of land, such as uncertainties concerning the timing of sale and the price
that would be realized, it is not feasible to precisely state in the LRPMP how the funds will be used.
In that regard, once an agreement is reached with respect to the purchase and sale of a property, the
agreement will be presented to the Oversight Board for concurrence. The Oversight Board’s
approval will be evidenced by a resolution that will be submitted to DOF and, per the HSC, is
subject to DOF’s review. That resolution will include or refer to a staff report which describes with
greater particularity, once more facts are known, how the proceeds of sale will be distributed. As
noted in Section I – Introduction of the LRPMP, the LRPMP provides that proceeds of the sale may
be used for enforceable obligations and/or distributed as property tax to the taxing entities through
the County Auditor-Controller. The need to retain some or all of the proceeds of sale for
enforceable obligations will depend on whether there is a short-fall in RPTTF in the ROPS cycle
during which the escrow is anticipated to close. If a short-fall were to occur in the RPTTF at that
time, then all or a portion of the sale proceeds should be used to fulfill an enforceable obligation
with any remaining sale proceeds then distributed as property tax to the taxing entities through the
County Auditor-Controller. If there is not a short-fall in RPTTF at the time of close of escrow,
then land sale proceeds would be distributed as property tax to the taxing entities through the
County Auditor-Controller in a manner described at the time of Oversight Board approval as to a
particular property sale. Since it is impossible to foresee when and if a short-fall in the RPTTF
may occur, or when the property will be sold, the use of the sale proceeds cannot be specifically
determined at this time and, therefore, cannot be stated with greater particularity in the LRPMP.
However, it is clear that at the time a sale takes place, the sale will be brought back to the Oversight
Board and will be subject to review.
17.b
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
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17.c
Packet Pg. 511 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 2 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
PREPARED FOR:
Ms. Lisa Connor
Project Manager
Successor Agency to the Redevelopment Agency of the City of
San Bernardino
290 N. “D” Street - 3rd Floor
San Bernardino, CA 92401
FOR THE PROPERTY LOCATED AT:
0 Harris St
San Bernardino, CA 91411 APN: 0144-131-21
March 26, 2019
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 512 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
TABLE OF CONTENTS
Broker’s Opinion of Value
▪Property Profile
▪Location Aerial
▪Assessor’s Parcel Maps
▪Location Map
Comparable Sales
▪ Comparable #1
•Property Profile
•Assessor’s Parcel Map
•Aerial
▪ Comparable #2
•Property Profile
•Assessor’s Parcel Map
•Aerial
▪ Comparable #3
•Property Profile
•Assessor’s Parcel Map
•Aerial
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
: Subject Property
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 513 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
March 26, 2019
Ms. Lisa Connor
Project Manager
Successor Agency to the Redevelopment Agency of the City of San Bernardino
290 N “D” Street – 3rd Floor
San Bernardino, California 92401
RE: Broker Opinion of Value for Site APN: 0144-131-21
Dear Ms. Connor:
We have prepared the following report regarding our opinion of value for the above
referenced properties. We utilized a comparable sales approach to determine our
opinion of value for this properties.
Subject Property
The subject property is zoned Residential Single (“RS”), which allows for a single
parcel of land totaling approximately acres 0.1102 (4,800 SQFT).
Comparable Sales
As further described within this report, within the last six (6) months, there have
been three (3) property sales which can be used as sale comparable for this Site. The
comparable are all zoned “RS”. The Sale Comparable dates run from December
2018 to February 2019. The Sale Comparables are summarized below:
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 514 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
Broker Opinion of Value
Based on the foregoing, the average price per square foot of the three vacant
Sale Comparables is $3.82. Applying this average price per square foot to the lot
square footage (4,800 SF), a value
of $18,336 results. It is our opinion that the subject property is worth $18,336.
We appreciate the opportunity to prepare this report. Please do not hesitate to
call with any questions.
Sincerely,
Heath Hilgenberg
DRE #01904376
909.793.2100 4
heath.hilgenberg@gmail.com
Sales Comparables Summary
APN Address Lot SF Sale Value Price/SF Sale Date
Property Site 0144-131-21 0 N Harris St 4,800
Sales Comparable #1 0139-312-18 748 N I St 10,366 $40,000 $3.85 12/10/2018
Sales Comparable #2 0145-103-38 727 W Trenton St 12,150 $59,000 $4.85 11/20/2018
Sales Comparable #3 0144-131-50 1646 N Harris St 24,240 $67,000 $2.76 2/27/2019
Average Price/SF $3.82
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 515 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 1 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Harris St, San Bernardino, CA 92411, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
4,800
MLS List Price
$49,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
Sale Date
N/A
Active Listing
Owner Information
Owner Name:Successor Agency
Redevelopment Agenc
Tax Billing City & State:San Bernardino, CA
Mail Owner Name:Successor Agency
Redevelopment Agenc
Tax Billing Zip:92401
Tax Billing Address:201 N E St #301 Tax Billing Zip+4:1520
Location Information
Zip Code:92411 Census Tract:42.02
Tract Number:2340 Topography:Flat/Level
School District:San Bernardino Neighborhood Code:091-091
Comm College District Code:San Bernardino Vly J
Tax Information
APN :0144-131-21-0000 Lot:20
Tax Area:7012 Water Tax Dist:San Bernardino Vly J
Tax Appraisal Area:12
Legal Description:TRACT 2340 LOT 20 TR NO 2340 SUNSH1NE HOMES TRACT NO 2 LOT 20
Characteristics
County Land Use:Vacant Land Lot Area:4,800
Universal Land Use:Vacant Land (NEC)Water:Public
Lot Acres:0.1102 Sewer:Public Service
Estimated Value
Value As Of:03/20/2019
Listing Information
MLS Listing Number:EV17251162 MLS Current List Price:$49,000
MLS Status:Active MLS Original List Price:$49,000
MLS Area:SAN BERNARDINO MLS Listing Agent:Mrm-Evcraiden-Dennis Craig
MLS Status Change Date:11/04/2017 MLS Listing Broker:KELLER WILLIAMS REALTY
MLS Listing #Ev17251162
MLS Status Active
MLS Listing Date 10/18/2017
MLS Listing Price $49,000
MLS Orig Listing Price $49,000
Last Market Sale & Sales History
Recording Date:05/18/1994 Deed Type:Quit Claim Deed
Multi/Split Sale:Multiple Owner Name:Successor Agency
Redevelopment Agenc
Document Number:228266 Seller:Sslm Ventures Inc
Recording Date 12/03/2014 03/21/2011 05/18/1994 09/10/1992 10/04/1991
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 516 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 2 of 2
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Sale Date 11/24/2014 03/17/2011
Sale Price $7,000
Nominal Y Y
Buyer Name Redevelopment Agcy Of
San Bernard
San Bernardino
Economic Dev Co
Redevelopment Agency
Of The City Of San Sslm Ventures Inc Lacy Otis L
Seller Name San Bernardino
Economic Dev Co
Redevelopment Agcy Of
San Bernard Sslm Ventures Inc Lacy Otis L & Shober
Robert H Jr
Document Number 463115 113543 228266 373191 380112
Document Type Quit Claim Deed Quit Claim Deed Quit Claim Deed Quit Claim Deed Correction Deed
Recording Date 06/04/1991
Sale Date 03/1991
Sale Price $7,000
Nominal
Buyer Name Lacy Otis
Seller Name Brace Clifford A Jr
Document Number 208340
Document Type Grant Deed
Mortgage History
Mortgage Date 09/10/1992 09/10/1992
Mortgage Amount $7,500 $7,500
Mortgage Lender Community Dev Corp
Mortgage Code Private Party Lender Conventional
Property Map
*Lot Dimensions are Estimated
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 517 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 518 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
Courtesy Of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 04/01/2019
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 519 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
Comparable Sale #1
•Property Profile
•Assessor’s Parcel Map
•Aerial
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 520 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 1 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
748 N I St, San Bernardino, CA 92411, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
10,366
MLS Sale Price
$40,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
MLS Sale Date
12/10/2018
Owner Information
Owner Name:Dvega Builders Inc Tax Billing City & State:Riverside, CA
Mail Owner Name:Dvega Builders Inc Tax Billing Zip:92509
Tax Billing Address:10180 Bershire Owner Occupied:No
Location Information
Zip Code:92411 Census Tract:48.00
Carrier Route:C041 Topography:Flat/Level
School District:San Bernardino Neighborhood Code:091-091
Comm College District Code:San Bernardino Vly J
Tax Information
APN :0139-312-18-0000 Lot:14
Tax Area:7167 Block:1
Tax Appraisal Area:12 Water Tax Dist:San Bernardino Vly J
Legal Description:ALLENS 2ND ADD S 2O.7 FT LOT 14 AND ALL LOT 15 BLK 1 EX ST
Assessment & Tax
Assessment Year 2018 2017 2016
Assessed Value - Total $10,805 $10,593 $10,385
Assessed Value - Land $10,805 $10,593 $10,385
YOY Assessed Change ($)$212 $208
YOY Assessed Change (%)2%2%
Tax Year Total Tax Change ($)Change (%)
2016 $282
2017 $291 $9 3.03%
2018 $300 $9 3.07%
Special Assessment Tax Amount
Sbcofire Fp-5 City Snbndo $157.56
Sb Valley Muni Wtr Dbt Svc $16.47
School Bonds $12.16
San Bdno Comm College Bond $4.39
Co Ventor Control $1.30
Total Of Special Assessments $191.88
Characteristics
County Land Use:Vacant Land Lot Area:10,366
Universal Land Use:Vacant Land (NEC)Water:Public
Lot Acres:0.238 Sewer:Public Service
Estimated Value
Value As Of:03/20/2019
Listing Information
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 521 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 2 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
MLS Listing Number:IV18268253 MLS Original List Price:$49,900
MLS Status:Closed Closing Date:12/10/2018
MLS Area:274 - SAN BERNARDINO MLS Sale Price :$40,000
MLS Status Change Date:12/10/2018 MLS Listing Agent:Iharoson-Sonia Orozco
MLS Current List Price:$49,900 MLS Listing Broker:RE/MAX CHAMPIONS
MLS Listing #Iv18268253
MLS Status Sold
MLS Listing Date 11/09/2018
MLS Listing Price $49,900
MLS Orig Listing Price $49,900
MLS Close Date 12/10/2018
MLS Listing Close Price $40,000
MLS Listing Cancellation Date 12/03/2018
Last Market Sale & Sales History
Recording Date:12/10/2018 Sale Type:Full
Sale Date:Tax: 12/04/2018 MLS:
12/10/2018
Deed Type:Grant Deed
Sale Price:$40,000 Owner Name:Dvega Builders Inc
Document Number:456291 Seller:Sierra Noe D
Recording Date 12/10/2018 06/16/2000 01/16/1997 08/11/1995 11/01/1991
Sale Date 12/04/2018 04/14/2000 10/1991
Sale Price $40,000 $8,000 $1,000 $62,727
Nominal Y
Buyer Name Dvega Builders Inc Sierra Noe D Adad LLC Montes Heliodoro &
Consuelo
Montes Heliodoro &
Consuelo
Seller Name Sierra Noe D Montes Heliodoro &
Consuelo
Tax Coll/San
Bernardino Co Blicharski Rebeca M Lopez A J
Document Number 456291 215148 17153 278300 418311
Document Type Grant Deed Grant Deed Trustee Deed Quit Claim Deed Trustee Deed
Recording Date 12/21/1989
Sale Date 11/1989
Sale Price $70,000
Nominal
Buyer Name Lopez A J & Linda
Seller Name Montes Heliodoro M
Document Number 498566
Document Type Grant Deed
Mortgage History
Mortgage Date 12/21/1989
Mortgage Amount $55,000
Mortgage Code Private Party Lender
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 522 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 3 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Property Map
*Lot Dimensions are Estimated
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 523 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 524 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
Courtesy Of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 04/01/2019
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 525 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
Comparable Sale #2
•Property Profile
•Assessor’s Parcel Map
•Aerial
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 526 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 1 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
727 W Trenton St, San Bernardino, CA 92405-4230, San Bernardino County
Beds
5
Bldg Sq Ft
2,133
Lot Sq Ft
12,150
MLS Sale Price
$59,000
Baths
2
Yr Built
1920
Type
SFR
MLS Sale Date
11/20/2018
Owner Information
Owner Name:Southeastern California Confer Tax Billing Zip:92505
Mail Owner Name:Southeastern California Confer Tax Billing Zip+4:3303
Tax Billing Address:11330 Pierce St Owner Occupied:No
Tax Billing City & State:Riverside, CA
Location Information
Zip Code:92405 Comm College District Code:San Bernardino Vly J
Carrier Route:C001 Census Tract:54.00
Tract Number:1812 Topography:Flat/Level
School District:San Bernardino Neighborhood Code:091-091
Tax Information
APN :0145-103-38-0000 Lot:5
% Improved:75%Block:37
Tax Area:7012 Water Tax Dist:San Bernardino Vly J
Tax Appraisal Area:12
Legal Description:R S B PTN LOT 5 BLK 37 COM 129.26 FT NO OF SE COR LOT 68 TRACT NO 1812 AND 283 FT W
OF W LI G ST TH E TO A PT WHICH IS 202.65 FT W OF W LI G ST TH N PARALLEL WITH SD W
LI G ST 120 FT TO A PT TH N 63 DEG 15 MIN 5O SECONDS W 49.60 FT TH CURVING TO THE
LEFT FROM A TANGENT BEARING N 21 DEG 49 MIN 51 SECONDS W WITH A RADIUS OF 40 FT
THROUGH A CENTRAL ANGLE OF 48 DEG 34 MIN 1 SECOND A DISTANCE OF 81.35 FT TH N 89
DEG 46 MIN 30 SECONDS W 50.16 FT TO SE COR LOT 34 TR NO 1812 TH S 60 FT TH E 50 FT
TH S PARALLEL WITH W LI G ST TO POB
Assessment & Tax
Assessment Year 2018 2017 2016
Assessed Value - Total $50,057 $49,076 $48,114
Assessed Value - Land $12,399 $12,156 $11,918
Assessed Value - Improved $37,658 $36,920 $36,196
YOY Assessed Change ($)$981 $962
YOY Assessed Change (%)2%2%
Tax Year Total Tax Change ($)Change (%)
2016 $679
2017 $702 $23 3.32%
2018 $725 $24 3.38%
Special Assessment Tax Amount
Sbcofire Fp-5 City Snbndo $157.56
Sb Valley Muni Wtr Dbt Svc $65.66
School Bonds $48.48
San Bdno Comm College Bond $17.52
Co Ventor Control $5.62
Total Of Special Assessments $294.84
Characteristics
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 527 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 2 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
County Land Use:Single Family Res Water:Public
Universal Land Use:SFR Sewer:Public Service
Lot Acres:0.2789 Heat Type:Furnace
Lot Area:12,150 Cooling Type:None
Style:Conventional Garage Type:Detached Garage
Building Sq Ft:2,133 Garage Sq Ft:600
Gross Area:2,133 Parking Type:Detached Frame Garage
2nd Floor Area:917 Roof Material:Composition Shingle
Stories:2 Construction Type:Frame
Total Rooms:9 Year Built:1920
Bedrooms:5 Effective Year Built:1930
Total Baths:2 Other Impvs:Porch
Full Baths:2 Porch:Patio/Porch
Family Rooms:1 Porch 1 Area:147
Other Rooms:Family Room Porch Type:Patio/Porch
Fireplaces:1 # of Buildings:1
Condition:Average
Estimated Value
RealAVM™ (1):$58,000 Confidence Score (2):71
RealAVM™ Range:$55,100 - $60,900 Forecast Standard Deviation (3):5
Value As Of:03/20/2019
(1)RealAVM™ is a CoreLogic® derived value and should not be used in lieu of an appraisal.
(2)The Confidence Score is a measure of the extent to which sales data, property information, and comparable sales support the property valuation analysis process. The
confidence score range is 60 - 100. Clear and consistent quality and quantity of data drive higher confidence scores while lower confidence scores indicate diversity in
data, lower quality and quantity of data, and/or limited similarity of the subject property to comparable sales.
(3)The FSD denotes confidence in an AVM estimate and uses a consistent scale and meaning to generate a standardized confidence metric. The FSD is a statistic that
measures the likely range or dispersion an AVM estimate will fall within, based on the consistency of the information available to the AVM at the time of estimation. The
FSD can be used to create confidence that the true value has a statistical degree of certainty.
Listing Information
MLS Listing Number:EV18235413 MLS Original List Price:$599,000
MLS Status:Closed Closing Date:11/20/2018
MLS Area:274 - SAN BERNARDINO MLS Sale Price :$59,000
MLS Status Change Date:11/20/2018 MLS Listing Agent:Evboonwac-Wacharapan
Boonsaeng
MLS Current List Price:$59,000 MLS Listing Broker:REALTY ONE GROUP TRILOGY
MLS Listing #Ev18235413
MLS Status Sold
MLS Listing Date 09/27/2018
MLS Listing Price $59,000
MLS Orig Listing Price $599,000
MLS Close Date 11/20/2018
MLS Listing Close Price $59,000
MLS Listing Cancellation Date 11/20/2018
Last Market Sale & Sales History
Recording Date:11/20/2018 Sale Type:Full
Sale Date:Tax: 10/19/2018 MLS:
11/20/2018
Deed Type:Grant Deed
Sale Price:$59,000 Owner Name:Southeastern California Confer
Price Per Square Feet:$27.66 Seller:Timmons Marie L
Document Number:435547
Recording Date 11/20/2018 11/20/2018 09/20/1976
Sale Date 10/19/2018 10/24/2018
Sale Price $59,000
Nominal Y
Buyer Name Southeastern California Confer Timmons Marie L Timmons James D
Seller Name Timmons Marie L Timmons James D
Document Number 435547 435546 201
Document Type Grant Deed Affidavit Deed (Reg)
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 528 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 3 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Property Map
*Lot Dimensions are Estimated
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 529 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 530 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
Courtesy Of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 04/01/2019
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 531 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
Comparable Sale #3
•Property Profile
•Assessor’s Parcel Map
•Aerial
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 532 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 1 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
1646 Harris St, San Bernardino, CA 92411, San Bernardino County
Beds
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
24,240
Sale Price
$67,000
Baths
N/A
Yr Built
N/A
Type
VCNT LND-NE
Sale Date
02/26/2019
Owner Information
Owner Name:Del Real Soto Felipe Tax Billing Zip:92509
Owner Name 2:Castaneda Ruben C Tax Billing Zip+4:2969
Mail Owner Name:Soto Felipe Del Real Owner Vesting:Single Man
Tax Billing Address:4445 Vernon Ave Owner Occupied:No
Tax Billing City & State:Riverside, CA
Location Information
Zip Code:92411 Comm College District Code:San Bernardino Vly J
Carrier Route:C045 Census Tract:47.00
Tract Number:2340 Topography:Flat/Level
School District:San Bernardino Neighborhood Code:091-091
Tax Information
APN :0144-131-50-0000 Lot:21
Tax Area:7012 Water Tax Dist:San Bernardino Vly J
Tax Appraisal Area:12
Legal Description:TR NO 2340 PTN LOTS 21 TO 26 INCLUSIVE DESC AS COM AT SWLY COR SD LOT 21 TH ALG W
LI SD LOTS N 0 DEG 24 MIN 13 SECONDS W 206.65 FT TO A CURVE CONCAVE SWLY AND
HAVING A RADIUS OF 2496.64 FT TH SELY ALG SD CURVE FROM A TANGENT BEARING S 37
DEG 52 MIN 39 SECONDS E THRU AN ANGLE OF 4 DEG 48 MIN 00 SECONDS AN ARC
DISTANCE OF 209.16 FT TO E LI SD LOT 21 TH ALG SD E LI S 0 DEG 24 MIN 39 SECONDS E
35.27 FT TO SELY COR SD LOT 21 TH ALG S LI THEREOF S 89 DEG 28 MIN 34 SECONDS W
120.15 FT TO POB .34 AC M/L
Assessment & Tax
Assessment Year 2018 2017 2016
Assessed Value - Total $7,449 $7,303 $7,160
Assessed Value - Land $7,449 $7,303 $7,160
YOY Assessed Change ($)$146 $143
YOY Assessed Change (%)2%2%
Tax Year Total Tax Change ($)Change (%)
2016 $241
2017 $249 $7 3.02%
2018 $256 $8 3.05%
Special Assessment Tax Amount
Sbcofire Fp-5 City Snbndo $157.56
Sb Valley Muni Wtr Dbt Svc $11.35
School Bonds $8.38
San Bdno Comm College Bond $3.03
Co Ventor Control $1.30
Total Of Special Assessments $181.62
Characteristics
County Land Use:Vacant Land Lot Area:24,240
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 533 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 2 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Universal Land Use:Vacant Land (NEC)Water:Public
Lot Acres:0.5565 Sewer:Public Service
Estimated Value
Value As Of:03/20/2019
Listing Information
MLS Listing Number:TR18070954 MLS Current List Price:$38,900
MLS Status:Canceled MLS Original List Price:$38,900
MLS Area:274 - SAN BERNARDINO MLS Listing Agent:Halmajor-Jorge Almaguer
MLS Status Change Date:07/27/2018 MLS Listing Broker:J.R.A. & ASSOCIATES REALTY
MLS Listing #Tr18070954 Ev15053549 Ev15053549 I651436
MLS Status Cancelled Expired Expired Sold
MLS Listing Date 03/28/2018 03/13/2015 03/13/2015 10/27/2006
MLS Listing Price $38,900 $48,500 $48,500 $55,000
MLS Orig Listing Price $38,900 $48,500 $48,500 $75,000
MLS Close Date 08/10/2007
MLS Listing Close Price $0 $0 $45,000
MLS Listing Cancellation
Date 07/27/2018 06/13/2015
Last Market Sale & Sales History
Recording Date:02/27/2019 Deed Type:Grant Deed
Sale Date:02/26/2019 Owner Name:Del Real Soto Felipe
Sale Price:$67,000 Owner Name 2:Castaneda Ruben C
Document Number:61380 Seller:Vazquez Sandra R
Sale Type:Full
Recording Date 02/27/2019 02/27/2019 05/11/2018 05/16/2014 08/10/2007
Sale Date 02/26/2019 02/21/2019 04/16/2018 05/16/2014 07/26/2007
Sale Price $67,000 $1,000 $7,000 $45,000
Nominal Y Y
Buyer Name Del Real Soto Felipe Vazquez Sandra R Vazquez Sandra R Price Angie Rosetti Porfirio
Seller Name Vazquez Sandra R Cardona Humberto Price Angie Lemus Porfirio R Tic Corp
Document Number 61380 61379 173305 180251 468332
Document Type Grant Deed Interspousal Deed
Transfer Grant Deed Grant Deed Grant Deed
Recording Date 08/10/2007
Sale Date 08/02/2007
Sale Price
Nominal Y
Buyer Name Rosetti Porfirio
Seller Name Rosetti Maria D
Document Number 468331
Document Type Interspousal Deed
Transfer
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 534 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Property Detail
Page 3 of 3
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The
accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Courtesy of ERIK LEMUS, KELLER WILLIAMS REALTY, California Regional MLS
Generated on 03/26/2019
Property Map
*Lot Dimensions are Estimated
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 535 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 536 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
!
T.C. Obichang | KW Commerical | DRE 01870646
1473 Ford St Suite 200, Redlands CA 92373
Office (909) 793-2100 | Fax (909) 793-8200
EACH OFFICE IS OWNED AND OPERATED INDEPENDENTLY
Courtesy Of CHARLES OBICHANG, KELLER WILLIAMS REALTY, California Regional MLS
The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not
guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the
applicable county or municipality.
Map
Page 1 of 1
Generated on 04/01/2019
DocuSign Envelope ID: 6727CF10-E9B1-4209-8183-CE83EF23B834
17.d
Packet Pg. 537 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 3 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Redevelopment Agency of the
City of San Bernardino
BUYER: Felipe Del Real Soto, Ruben Castaneda Calderon, and
Maribel Felix
DATED: May 1, 2019
(N. Harris Street, San Bernardino, California, APN 0144-131-21)
17.e
Packet Pg. 538 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
BASIC TERMS
Buyer: Felipe Del Real Soto, Ruben Castaneda Calderon, Maribel Felix
Buyer’s Address: 4445 Vernon Avenue
Riverside, CA 92509
Email: rubenrcc1991@gmail.com
Tel: (909) 790-8215
City: City of San Bernardino
Closing Contingency Date: August 21, 2019
Closing Date (or Closing) Estimated to occur by August 30, 2019, but not later than the Outside
Date
Deed: A grant deed in the form of Exhibit B hereto
Effective Date: May 1, 2019
Escrow Holder: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another escrow holder mutually acceptable to Buyer and Seller)
Independent
Consideration Amount: Two Hundred Dollars ($200)
Outside Date: September 20, 2019; provided that such date may be extended by
mutual writing agreement by Seller and Buyer
Purchase Price: Twenty Thousand Dollars ($20,000)
Real Property: That property described in Exhibit A hereto; the subject property is
sometimes referred to as APN 0144-131-21
Seller: Successor Agency to the Redevelopment Agency of the City of San
Bernardino
Seller’s Address: 290 N. “D” Street – Third Floor
San Bernardino, California 92418
17.e
Packet Pg. 539 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Attention: Andrea M. Miller, City Manager
Tel. (909) 384-5122
Fax: (909) 384-5138
Email: Miller_An@sbcity.org
Soil and Title Contingency
Date: July 20, 2019
Title Company: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another title company mutually acceptable to Buyer and Seller)
2
17.e
Packet Pg. 540 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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 May 1, 2019 (the “Effective
Date”) by and between Seller and Buyer.
RECITALS
A. Seller is the fee owner of the Real Property. The Real Property is approximately
0.11 acres of vacant land.
B. 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.
C. In addition to the Purchase Price, material considerations to Seller in agreeing to
enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount;
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:
(a) The fee interest in the Real Property to be conveyed by a grant deed in the
form of the Deed; and
(b) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property.
2. 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.
3. 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
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. Buyer and Seller agree to execute, deliver and be bound by any reasonable or
3
17.e
Packet Pg. 541 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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 Countywide Oversight Board of the County of San
Bernardino (the “CWOB”) to approve the sale of the Real Property as provided 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; 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.
4. 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 proof of Sellers’ authority and authorization to enter into this
Agreement and to consummate this transaction as may be reasonably requested by Buyer and the
Title Company consistent with the terms of this Agreement, including without limitation approval of
the CWOB of the sale of the Real Property by Seller to Buyer.
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”) on or before the Soil and Title Contingency Date.
4
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Packet Pg. 542 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
5. 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
engage its own environmental consultant (the “Environmental Consultant”) to make such
investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2”
investigations of the Real Property. If, based upon such evaluation, inspections, tests or
investigation, Buyer determines that it, in its 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
which specifically references this Section 5. If Buyer does not cancel this Agreement by the time
allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections
and tests as provided herein and to have elected to proceed with this transaction on the terms and
conditions of this Agreement. Buyer shall provide a copy to the Seller 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.
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
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,
5
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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. §9601 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
take all necessary precautions to prevent the release into the environment of any Hazardous
Materials which are located in, on or under the Real Property. Such precautions shall include
compliance 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.
6. 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
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, 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 Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a
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Packet Pg. 544 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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 Buyer’s Title 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 is married but is taking title as Buyer’s sole and separate property, Buyer shall, as a
condition to closing, provide to Seller and to the Title Company a spousal consent in form
acceptable to Title Company and Seller.
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) Physical and Legal Inspections and Studies. On or before Soil and
Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute
discretion, the results of any physical and legal (but not feasibility or economic) 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.
(iv) Natural Hazard Report. 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 Seller 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 reasonable 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 materially true and correct as of the date made and 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.
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(ix) CWOB and DOF Approval. The CWOB and, if required as a
condition of the issuance of title insurance or by either party hereto, approval by DOF, shall have
been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(x) 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 (i), (ii) and (iii) shall operate independently and
each shall entitle Seller 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)(i) of this Agreement, then this Agreement shall
terminate upon Seller giving notice thereof to Buyer;
(ii) If any of Buyer’s Contingencies are not met by the Closing
Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate
this Agreement.
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, 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 not terminated this
Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding 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)-(xi) 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
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Packet Pg. 546 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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).
7. 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.
(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) CWOB and DOF Approval. The approval by the CWOB and DOF shall
have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(f) Delivery of Documents. Buyer’s delivery of all documents described in
Section 9(a), below.
Should any of Buyer’s Contingencies not be met by the respective times set forth for
the satisfaction for such contingency (and without regard to whether all such contingencies have
been removed or satisfied) and Buyer has so informed Seller, 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. 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.
8. 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
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Packet Pg. 547 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
with any necessary tax withholding forms, and a duly executed California Form 593-C, as
applicable (the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, 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 as may be reasonably requested by
Buyer and the Title Company which are consistent with the terms of this Agreement.
(vi) 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)
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.
9. 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.
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Packet Pg. 548 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
(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 Buyer’s Real Estate Broker in connection with the sale of the Real Property.
(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.
10. 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) the Seller’s Real Estate
Broker’s Commission of Two Thousand Dollars ($2,000) which the parties acknowledge and agree
that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of the
Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker and that the
broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real
Estate Broker; (vii) one half of the escrow charges; and (viii) 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) the Escrow Holder’s fee;
(ii) Buyer’s share of prorations, (iii) 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; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if
any, for such services as Buyer may additionally request that Escrow perform on its behalf; and
(vii) 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, other than broker’s commission, in connection with the negotiation and
preparation of this Agreement and the consummation of the transaction contemplated hereby. The
parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate
Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with
Seller’s Real Estate Broker and that the broker's commission shall be divided equally between
Buyer's Real Estate Broker and Seller's Real Estate Broker.
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Packet Pg. 549 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
11. 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
Tax Code, together with such other documents required by the Tax Code (including, without
limitation, California Form 593), to the California Franchise Tax Board.
12. 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 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
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Packet Pg. 550 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
commission for Buyer’s Real Estate Broker (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.
(h) Possession. Possession of the Real Property shall be delivered to Buyer at
the Closing.
13. 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; provided that each of the representations and
warranties of Seller is based upon the information and belief of the Executive Director of the
Successor Agency:
(i) Seller believes that it 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 approval of the CWOB and, as may be applicable, DOF.
(ii) Subject to the approval of the CWOB and, as may be applicable,
DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise) has been
taken by Seller in connection with entering into this Agreement and the instruments referenced
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Packet Pg. 551 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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 CWOB 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) Seller believes that 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 of Seller’s knowledge,
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.
(viii) 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) 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) 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. 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.
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Packet Pg. 552 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
(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.
(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
15
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Packet Pg. 553 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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.
14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price
represents a fair value price for the Real Property. At such time 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 compliance with all the zoning, planning and design review requirements of the
San Bernardino Municipal Code, and all nondiscrimination, labor 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
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 14 shall survive Closing.
15. General Provisions.
(a) 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.
(b) 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
16
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Packet Pg. 554 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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.
(c) 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 that it has engaged
Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible
for any commission, cost, fee or compensation of any kind due to Seller’s Real Estate Broker.
Seller represents to Buyer that Seller has not engaged any consultants, finders or real estate brokers
other than Seller’s Real Estate Broker 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 due or
owing to any person or entity in connection with this Agreement other than Seller’s costs with
respect to the Seller’s Real Estate Broker Commission. 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. Buyer represents that it has
engaged Shepherd Realty Group as “Buyer’s Real Estate Broker” and other than the portion of the
Seller’s Real Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per
Section 10(a) of this Agreement, Buyer shall be solely responsible for any other cost, fee or
compensation of any kind due to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that
Buyer has not engaged any consultants, finders or real estate brokers other than Buyer’s Real Estate
Broker 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 due or owing to any person or entity in
connection with this Agreement. 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. The Parties
acknowledge and agree that Buyer has been represented in this transaction by Shepherd Realty
Group as “Buyer’s Real Estate Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate
Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with
Seller’s Real Estate Broker. The broker's commission shall be divided equally between Buyer's
Real Estate Broker and Seller's Real Estate Broker.
(d) 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
17
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Packet Pg. 555 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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.
(e) 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.
(f) Remedies. Without limitation as to the availability of other remedies, this
Agreement may be enforced by an action for specific enforcement.
(g) 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.
(h) Counterparts; Facsimile 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 facsimile signature shall be deemed an original
signature.
(i) 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.
(j) 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.
(k) 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.
Any election by Seller to extend the Outside Date shall be at the sole and absolute discretion of
Seller.
(l) 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.
(m) Applicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
18
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Packet Pg. 556 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
(n) Exhibits and Schedules. The exhibits and schedules attached hereto are
incorporated herein by this reference for all purposes.
(o) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, including, without limitation, that certain Vacant
Land Purchase Agreement and Joint Escrow Instructions (C.A.R. Form VLPA) dated March 23,
2019, 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 this 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.
(p) 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.
(q) Assignment. Neither party may assign its rights under this Agreement
without the prior consent of the other party.
(r) Manner in Which Title is Held. Buyer is solely responsible for determining
the manner in which it will take title to the Real Property; Seller shall have no responsibility in
connection therewith.
(Signatures on Following Page)
19
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Packet Pg. 557 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
“SELLER”
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, a public entity, corporate
and politic
By:
Teri Ledoux
Acting Executive Director
“BUYER”
Felipe Del Real Soto
By:
Felipe Del Real Soto
Ruben Castaneda Calderon
By:
Ruben Castaneda Calderon
Maribel Felix
By:
Maribel Felix
Approved as to form:
Gary D. Saenz, City Attorney
By: ______________________
20
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Packet Pg. 558 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
Acceptance by Escrow Holder:
Commonwealth Land and 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 Successor Agency to the Redevelopment Agency of the City of San Bernardino, a
public entity, corporate and politic (“Seller”), and Inland Maple Partners, LLC (“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: _____________, 2019
COMMONWEALTH LAND AND TITLE
COMPANY
By:
Name:
Its:
17.e
Packet Pg. 559 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
EXHIBIT A
LEGAL DESCRIPTION
LOT 20, TRACT NO. 2340, SUNSHINE HOMES TRACT NO. 2, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 33 OF MAPS, PAGE 51, RECORDS OF SAID COUNTY.
Address: N. Harris Street
APNs: 0144-131-21
17.e
Packet Pg. 560 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
EXHIBIT B
DEED
NOT FOR SIGNATURE
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mr. Felipe Del Real Soto
4445 Vernon Avenue
Riverside, CA 92509
APN: 0144-131-21 [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
Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity,
corporate and politic (“Grantor”), hereby grants to Felipe Del Real Soto, a single man and Ruben
Castaneda Calderon and Maribel Felix, husband and wife, all as Joint Tenants, 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.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2019.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By: NOT FOR SIGNATURE
Teri Ledoux
Acting Executive Director
B-3
17.e
Packet Pg. 561 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
LOT 20, TRACT NO. 2340, SUNSHINE HOMES TRACT NO. 2, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 33 OF MAPS, PAGE 51, RECORDS OF SAID COUNTY.
Address: N. Harris Street
APNs: 0144-131-21
17.e
Packet Pg. 562 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
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
17.e
Packet Pg. 563 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform Felipe Del Real Soto, Ruben Castaneda Calderon, and Maribel Felix, (the
“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 Successor Agency to the Redevelopment Agency of 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:
290 N. D Street – 3rd Floor
San Bernardino, CA 92401
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.
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
C-1
17.e
Packet Pg. 564 Attachment: CED.Purchase Sale Agreement for N Harris St-Attachment 4 (6072 : Purchase and Sale Agreement with Felipe Del Real Soto,
18.a
Packet Pg. 565 Attachment: PD.Bio-Tox Lab Contract-Staff Report (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
2018-19 Goals and Objectives
The request to contract with Bio-Tox Laboratories, Inc., aligns with Goal No. 2: Provide
for the Safety of City Residents and Businesses. Toxicology services provide law
enforcement officers the tools necessary to solve crime.
Fiscal Impact
The financial impact to the City is $60,000. There is sufficient funding in the FY 2018/19
Adopted Budget in account 001-210-0001*5502. Funding requests for the full contract
amount will be included in all future fiscal year budget proposals.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-65,
authorizing the execution of a Professional Servicer Agreement with Bio-Tox
Laboratories, Inc.
Attachments
Attachment 1 Resolution
Attachment 2 Toxicology Bid Results
Attachment 3 Professional Service Agreement.
Ward: ALL
18.a
Packet Pg. 566 Attachment: PD.Bio-Tox Lab Contract-Staff Report (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
Resolution No. 2019-65
RESOLUTION NO. 2019-65 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO, CALIFORNIA, AND BIO-TOX
LABORATORIES, INC.
WHEREAS, Toxicology Testing Services are necessary as an investigative tool; and
WHEREAS, The City did solicit and accept quotes from available vendors for
toxicology testing services per RFQ F-19-40; and
WHEREAS, Bio-Tox Laboratories, Inc., was selected as the most qualified and best
option for the City.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute on behalf of the City an
Agreement between the City of San Bernardino and Bio-Tox Laboratories, Inc., a copy of which
is attached hereto, marked Attachment 1, and incorporated herein by this reference as fully as
though set forth at length.
SECTION 3. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the C ity Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
18.b
Packet Pg. 567 Attachment: PD.Bio-Tox Lab Contract-Reso.Attch 1 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
Resolution No. 2019-65
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
18.b
Packet Pg. 568 Attachment: PD.Bio-Tox Lab Contract-Reso.Attch 1 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
Resolution No. 2019-65
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
18.b
Packet Pg. 569 Attachment: PD.Bio-Tox Lab Contract-Reso.Attch 1 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
1
REQUEST FOR PROPOSALS
FOR
TOXICOLOGY TESTING SERVICES
CITY OF SAN BERNARDINO
Released on March 11, 2019
18.c
Packet Pg. 570 Attachment: PD.BioTox Lab Contract-BidResults.Attch2 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
2
SECTION I.
INSTRUCTIONS TO BIDDERS
I. INSTRUCTIONS TO BIDDERS
18.c
Packet Pg. 571 Attachment: PD.BioTox Lab Contract-BidResults.Attch2 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
3
A. Pre-Bid Conference/Job Walk
N/A
B. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this RFQ 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 RFQs,
for an undetermined period of time, the name of any Bidder for failure to
accept a contract, failure to respond to two (2) consecutive RFQs and/or
unsatisfactory performance. Please note that a “No Bid” is considered a
response.
C. Addenda
The City reserves the right to amend this RFP prior to the Proposals due
date. All amendments and additional information will be posted to Planetbids
found under the San Bernardino Purchasing page, www.sbcity.org > most
popular> request for bids; bidders should check this web page daily for new
information.
D. Submitting Requests
a. All questions, clarifications or comments must be submitted via the
Planetbids.com website no later than 3:00 p.m (P.S.T) on March 14,
2019.
https://www.planetbids.com/portal/portal.cfm?CompanyID=39495
E. City Responses
Responses from the City will be posted to the Planet Bids website,
https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 by March
19, 2019.
18.c
Packet Pg. 572 Attachment: PD.BioTox Lab Contract-BidResults.Attch2 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
4
F. Submission of Proposals
Complete written Proposals must be submitted electronically in PDF file format
via the Planetbids.com website no later than 3:00 p.m. (P.S.T) on March 25,
2019 please allow time for system to process your bid. Proposals will not be
accepted after this deadline. Faxed or e-mailed Proposals will not be accepted.
The web site may be accessed here:
https://www.planetbids.com/portal/portal.cfm?CompanyID=39495
Acceptance of Bids
a. The City reserves the right to accept or reject any and all bids, or
any item or part thereof, or to waive any informalities or
irregularities in bids.
b. The City reserves the right to withdraw this RFQ at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Bidder responding to this RFQ.
c. The City reserves the right to postpone the bid due date for its own
convenience.
G. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Bidder in:
1. preparing its bid in response to this RFQ;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder 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 Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
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H. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFQ,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. The City also reserves the right to
apportion the award among two or more Bidders.
I. Acceptance of Order
The successful Bidder will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Notice Inviting Bids, and the
RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
J. 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.
K. 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 limits of the City of
San Bernardino.
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SECTION II.
TECHNICAL SPECIFICATIONS
City of San Bernardino
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TOXICOLOGY SPECIFICATIONS
NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER”
Services:
Bidder shall complete right hand column indicating brief reasoning for
Exceptions to requirements when not acceptable. State “Acceptable” if
Requirements are agreeable as set forth on left hand column.
Equipment:
Bidder shall complete right hand column indicating specific size and or
Make and model of all components when not exactly as specified. State
“As Specified” if item is exactly as set forth in the left hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPTABLE / AS
SPECIFIED
STATEMENT OF WORK
INTENT
It is the intent of these specifications, terms, and
conditions to describe toxicology testing services
for the City of San Bernardino Police Department.
The City of San Bernardino intends to award a
contract (with option to renew) to the bidder(s)
selected as the most responsible bidder(s) whose
response conforms to the RFP and meets the
requirements of the City of San Bernardino Police
Department
SCOPE
Bernardino Police Department requires forensic
toxicology testing services for law enforcement
purposes which include the identification and
quantitative analysis of drugs and alcohol from
blood, urine, and evidence specimens.
ACCEPTABLE / AS
SPECIFIED
___________________________
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__________________________________________
BIDDER QUALIFICATIONS
BIDDERS’ Minimum Qualifications
All have been regularly and continuously engaged
in the business of providing forensic toxicology
testing services for at least ten (10) years. Proof
of accreditation may be requested from selected
bidder.
All possess all permits, licensed and professional
credentials necessary to supply product and
perform services as specified.
SPECIFIC REQUIREMENTS
Testing
Bidders’ laboratory shall have the ability to test for
chemical or biological agents.
Bidders’ shall have the capability of developing
methods for the testing of newly abused drugs
such as synthetic cannabinoids, synthetic opioids,
and opioid derivatives; and a commitment to
research and develop testing and validation for
newly emerging drug trends.
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ACCEPTABLE / AS
SPECIFIED
Reports
Bidders’ shall provide a report for each test
conducted. The report shall include:
1. Subject Names
2. Agency
3. Agency Case Number
4. Specimen Description
5. Chain of Custody Information
6. The Requested Testing
7. Requesting Agency Contract Information
8. Test Results
9. Certification of Test Results Statement
10. Analyst Signature
11. Date of Test and/or Date of Report
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SECTION III.
BID CONTENT
A. BID FORMAT AND CONTENT
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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
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.
3. Qualifications, Related Experience and References of Bidder
The information requested in this section should describe the
qualifications of the firm, key staff and sub-contractors performing
projects within the past five years that are similar in size and scope to
demonstrate competence to perform these services. Information shall
include:
a. Names of key staff that participated on named projects
and their specific responsibilities with respect to this scope of
work.
b. A summary of your firm’s demonstrated capability, including
length of time that your firm has provided the services being
requested in this Request for Proposal.
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c. Provide at least five local references that received similar
services from your firm.
The City of San Bernardino reserves the right to contact
any of the organizations or individuals listed. Information
provided shall include:
♦ Client Name
♦ Project Description
♦ Project start and end dates
♦ Client project manager name, telephone number, and e-mail
address
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, email, address and telephone number of the
person(s) and 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.
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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.
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.
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Are there any other additional or incidental costs, which will be required by your firm in
order to meet the requirements of the Technical Specifications? Yes / No .
(circle one). If you answered “Yes”, please provide detail of said additional costs:
Please indicate any elements of the Technical Specifications that cannot be met by your
firm.
Have you included in your bid 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 RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % days; unless otherwise stated, payment terms
are: Net thirty (30) days.
Name of Authorized Representative: ________________________________
Signature: ______________________________________________________
Company Name: ________________________________________________
Address: ______________________________________________________
Phone/fax and email: _____________________________________________
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SECTION IV.
GENERAL SPECIFICATIONS
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1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-19-40. All
specifications are minimum. Bidders are expected to meet or exceed these specifications as
written. Bidder shall attach to their bid a complete detailed itemization and explanation for
each and every deviation or variation from the RFQ specifications and requirements.
Conditional bids, or those that take exception to the RFQ 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 bids and to award a contract to the
bidder 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 bid.
4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening
thereof.
5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer
of such items as submitted for bid 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 bidder shall submit with their bid 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 bidder must state in their bid 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.
10. Each bidder shall list in their bid 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 bid.
11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment
as bid 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. Bid shall include California sales tax, where
applicable, (effective October 1, 2017) computed at the rate of 8.0%, (this will normally be
shown as a separate line item on the price form).
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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 bid. Bidders furnishing bids under these
specifications shall supply all items advertised as “standard” equipment even if such items
are not stipulated in the specifications, unless otherwise clearly accepted in the bid.
15. The items which the bidder 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 these RFQ 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 bid, each bidder 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 Manager of the City of San Bernardino. The City shall not
unreasonably refuse such extension.
19. Contract. Each bid shall be submitted and received with the understanding that acceptance
by the City of San Bernardino of bid 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 price bid and in complete accordance with all provisions of RFQ No. F-19-40. 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.
21. One Document. These specifications, the notice inviting bids, RFQ F-19-40, the
Contractor’s bid, 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.
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22. The City of San Bernardino reserves the right to accept or reject any and all bids.
23. Prompt payment. Each bidder may stipulate in their bid 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 bid evaluation in the case
of ties.
24. Inquiries. All questions, clarifications or comments must be submitted via the
Planetbids.com website no later than 3:00 p.m (P.S.T) on March 25, 2019
25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms,
and all required forms are completed and included.
26. Time. All bids must be uploaded before 3:00 PM, PST, March 25, 2019 allow time for
system to process your bid on time. Where at such time bids will be opened to the public.
Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of
bids. Any bid received after that time and date specified will be rejected.
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 bid.
29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid 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 bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be
made and become effective at the time the purchasing body tenders final payment to the
bidder.
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 Manager
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.
32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a
cashier’s check, certified check or faithful performance bond / bid bond made payable to the
City of San Bernardino in an amount equal to 100% / 10% of the bid price to insure the
contractor’s faithful performance of this contract. Said surety shall be subject to the approval
of the City of San Bernardino, bonds shall be in accordance with Ordinance No. 821,
Section 2400, and the corporation issuing said bond shall have a rating in Best’s most
recent insurance guide of “A” or better.
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33. Written contract documents, duly authorized and signed by the appropriate authority,
constitute the complete and entire agreement(s) that may result from the RFQ.
34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-
year increments.
35. 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.
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.
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Item Num Section Description
Unit of
Measure Quantity
Redwood Toxicology
Laboratory, Inc
BIO-TOX
LABORATORIES INC
1 Section 1 6-Panel Drug Screen 1 1 $75.00 $47.00
2 Section 1
10-Panel Drug Screen (includes 6-panel drug screen plus Carisoprodol,
Fentanyl, Oxycodone & Zolpidem 1 1 $75.00 $70.00
3 Section 1 Blood Alcohol, Title 17 1 1 $50.00 $100.00
4 Section 1
Quantitative Confirmation by LC/MS, per drug class (includes
Amphetamines, Cocaine, PCP, Opiates)1 1 $75.00 $120.00
5 Section 1 Cannabinoids Confirmation 1 1 $75.00 $125.00
6 Section 1 Benzodiazepines Panel with Quantitation 1 1 $100.00 $160.00
7 Section 1
Comprehensive Drug Screen Panel (Drug screen to include over 100
prescription drugs)1 1 $195.00 $200.00
8 Section 1 Other Drugs by LC/MS/MS (some may be slightly higher)1 1 $125.00 $125.00
9 Section 1 Leaking Sample 1 1 $10.00 $25.00
10 Section 1 Name Discrepancy 1 1 $10.00 $35.00
11 Section 1 Chain of Custody Fee (per sample not tested)1 1 $10.00 $20.00
12 Section 1 Sample Return 1 1 $45.00 $35.00
13 Section 1 Biohazard waste fee, per sample 1 1 $0.00 $1.00
14 Section 1 Trip charge if courier pick up not cancelled prior to arrival 1 1 $0.00 $45.00
Subtotal $845.00 $1,108.00
Total $845.00 $1,108.00
Bid Results for Toxicology Testing Services (RFQ F-19-40)
Issued on 03/11/2019
Bid Due on April 1, 2019 3:00 PM (Pacific)
Exported on 04/01/2019
Line Totals (Unit Price * Quantity)
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Packet Pg. 612 Attachment: PD.BioTox Lab Contract-BidResults.Attch2 (6073 : Agreement with Bio-Tox Laboratories,
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BIO-TOX LABORATORIES, INC.
This Agreement is made and entered into as of May 1, 2019, by and between the City of
San Bernardino, a charter city and municipal corporation organized and operating under the laws
of the State of California, with its principal place of business at Vanir Tower, 290 North D
Street, San Bernardino, CA 92401 (“City”), and Bio-Tox Laboratories, Inc., a Toxicology
Laboratory, with its principal place of business at 1965 Chicago Ave. #C, Riverside, CA 92507
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred
to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Bio-Tox Laboratories specializes solely in law enforcement toxicology testing services by
providing impeccable service, accurate specimen analysis and professional court testimony when
required. (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant’s
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant
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under this Agreement exceed the sum of $60,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant’s services which
have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. 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 (“Term”). The term of this Agreement shall be for a
period of one year, with the option of three additional renewal years through June 30, 2022.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
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Packet Pg. 614 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
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Packet Pg. 615 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
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Packet Pg. 616 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
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Packet Pg. 617 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s
equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
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Packet Pg. 618 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
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Packet Pg. 619 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant’s services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
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Packet Pg. 620 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain “public
works” and “maintenance” projects. If the Services are being performed as part of an applicable
“public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign a Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
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Packet Pg. 622 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Teri Ledoux, Acting City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Bio-Tox Laboratories
1965 Chicago Ave., #C
Riverside, CA 92507
Attn: Tracey Stangarone
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
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35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
12
18.d
Packet Pg. 624 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BIO-TOX LABORATORIES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, MMC
City Clerk
CONSULTANT
Signature
Name
Title
13
18.d
Packet Pg. 625 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
EXHIBIT A
BIO-TOX LABORATORIES INC
1965 CHICAGO AVE. C
RIVERSIDE, CA
TRACEY STANGARONE
951-341-9355
Description
Unit of
Measure Unit Price
6-Panel Drug Screen 1 $47.00
10-Panel Drug Screen (includes 6-panel drug screen plus
Carisoprodol, Fentanyl, Oxycodone & Zolpidem 1 $70.00
Blood Alcohol, Title 17 1 $100.00
Quantitative Confirmation by LC/MS, per drug class (includes
Amphetamines, Cocaine, PCP, Opiates) 1 $120.00
Cannabinoids Confirmation 1 $125.00
Benzodiazepines Panel with Quantitation 1 $160.00
Comprehensive Drug Screen Panel (Drug screen to include over
100 prescription drugs) 1 $200.00
Other Drugs by LC/MS/MS (some may be slightly higher) 1 $125.00
Leaking Sample 1 $25.00
Name Discrepancy 1 $35.00
Chain of Custody Fee (per sample not tested) 1 $20.00
Sample Return 1 $35.00
Biohazard waste fee, per sample 1 $1.00
Trip charge if courier pick up not cancelled prior to arrival 1 $45.00
14
18.d
Packet Pg. 626 Attachment: PD.Bio-Tox Lab Contract-PSA.Attch 3 (6073 : Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services)
19.a
Packet Pg. 627 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Staff Rpt (6074 : Authorize Budget Amendment and Purchase Order
Group also mails a pre-intercept notice to each registered owner providing them the
opportunity to pay the fine prior to the State withholding it from their tax refund.
Phoenix Group processes payments from citizens and handles all calls and inquiries
from the public about the process. The cost of this service provided by Phoenix Group
is 35% of fees collected through the pre-intercept and intercept program. Fees are
charged only after funds have been received by the City. The State will collect fines on
the submitted list through December 31, 2018, at which time the City will have to
resubmit a new list of unpaid fines. The Phoenix Group anticipates the annual revenue
from the Intercept program to be between $70,000 and $100,000.
As of April 1, 2019, the Intercept collection process has allowed the City to collect an
additional $359,700.35 in parking citation fines. The offset expense for this revenue is
35% of amount collected to Phoenix Group, year-to-date a total of $85,578.81.
Parking Citation Intercept Program 2018/2019
Month
Pre-Intercept
Fee
Collected
FTB Intercept
Fees
Collected
Contracted
Monthly Fees
Service Fees -
35%
Owed to
Phoenix
Group
July 2018 $0.00 $0.00 $5,457.11 $0.00
August 2018 $0.00 $0.00 $3,295.02 $0.00
September 2018 $0.00 $0.00 $3,277.63 $0.00
October 2018 $33,655.00 $0.00 $3,194.63 $11,779.25
November 2018 $126,523.00 $0.00 $3,233.28 $4,418.05
December 2018 $2,257.00 $0.00 $2,579.67 $338.55
January 2019 $6,622.74 $21,036.14 $3,226.74 $9,680.61
February 2019 $0.00 $120,387.90 $3,508.07 $42,135.75
March 2019 $0.00 $49,218.57
$17,226.50
Totals $169,057.74 $190,642.61 $27,772.15 $85,578.71
The cost of the Intercept collection process was not included in the original contract
amount as it was thought to be a revenue offset, and the processing agent would retain
their fees from the total collection amount. In fact, the State of California sends the
fines collected directly to the City who is then responsible for paying Phoenix Group it’s
contracted amount. The potential for revenue and expense is high but also unknown
and not guaranteed. If the total amount were to be collected, the processing agent
would receive over half a million in fees. Staff does not want to amend the budget and
encumber costs more than what will be due to the vendor.
The current contract amount of $50,000 will be exceeded each year but only by the
Intercept collection fees. Payment to the vendor is due after fees have been collected.
4/25/2019 3:53 PM
19.a
Packet Pg. 628 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Staff Rpt (6074 : Authorize Budget Amendment and Purchase Order
Staff requests that the Director of Finance be authorized to amend the budget during
each contract year as needed based on verified collection of Intercept fees from the
State of California. This process of multiple budget amendments will allow the City to
remain revenue positive and eliminating the appropriation and encumbrance of
unnecessary budget expenses. A corresponding increase to the Purchase Order is
necessary to pay the additional expense amounts.
2018-19 Goals and Objectives
The request for a budget amendment for Parking Citation revenue aligns with Goal No.
6: Operate in a Fiscally Responsible and Business-Like Manner by investing in City
resources in ways which create more ongoing revenue to reinvest in maintaining and
improving services.
Fiscal Impact
All expenditures are offset by additional revenue, the net effect is a positive impact to
the General Fund. It is unknown exactly how much additional revenue will be generated,
but revenues will exceed expenditures; the Phoenix group retains 35% of revenues
collected as payment for their services and the City retains 65%. It is recommended that
the budget be amended quarterly to reflect this activity.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2019-66,
authorizing the Director of Finance to amend the Adopted FY2 018/19 Budget by an
amount equal to 35% of the amount collected through the Parking Citation Intercept
Program and to increase the Purchase Order to Phoenix Group Information Systems.
Attachments
Attachment 1 – Resolution
4/25/2019 3:53 PM
19.a
Packet Pg. 629 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Staff Rpt (6074 : Authorize Budget Amendment and Purchase Order
Ward: All
Synopsis of Previous Council Actions:
On 6/20/2018, the Mayor and Common Council adopted Resolution 2018-179 authorizing the
execution of an agreement between the City of San Bernardino and Phoenix Group for parking
citation processing services with three one-year optional renewals.
On 4/15/2013, the Mayor and Common Council adopted Resolution 2013-75 authorizing the
execution of a three year contract between the City of San Bernardino and Phoenix Group for
parking citation processing services with three one-year renewal options.
On 1/22/2013, the Mayor and Common Council adopted Resolution 2013-8 authorizing and
directing the City Manager to issue a Request for Proposal for parking citation services.
On 4/2/2007, the Mayor and Common Council adopted Resolution 2007-110 authorizing the
execution of a contract and issuance of a purchase order with Phoenix Group Information Systems
for parking citation processing.
5/22/2002, the Mayor and Common Council adopted Resolution 2002-133 authorizing the
amendment of agreement 01-124 with the City of Inglewood relating to the processing of parking
citations.
7/7/1999, the Mayor and Common Council adopted Resolution 1999-210 authorizing the
execution of an agreement with the City of Inglewood for processing parking citations.
4/25/2019 3:53 PM
19.a
Packet Pg. 630 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Staff Rpt (6074 : Authorize Budget Amendment and Purchase Order
Resolution No. 2019-66
RESOLUTION NO. 2019-66 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE ADOPTED FY2018/19 BUDGET AND TO
INCREASE THE PURCHASE ORDER ISSUED TO
PHOENIX GROUP INFORMATION SYSTEMS
WHEREAS, On June 20, 2018, the Mayor and City Council adopted Resolution No.
2018-179, authorizing the execution of a Vendor Service Agreement between the City of San
Bernardino, California, and Phoenix Group Information Services and an annual Purchase Order
in the amount of $50,000; and
WHEREAS, the costs for the State of California Intercept collection process will exceed
the annual Purchase Order amount and adopted budget for parking citation processing; and
WHEREAS, revenues collected through the Intercept program will exceed the cost of
processing.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Director of Finance is hereby authorized and directed to amend the
Adopted FY2018/19 Budget in an amount not to exceed 35% of the Parking Citation Intercept
program revenues collected.
SECTION 3. The Director of Finance is hereby authorized to increase the purchase order
issued to Phoenix Group Information Systems in an amount equal to 35% of the revenues
collected through the Parking Citation Intercept programs.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
19.b
Packet Pg. 631 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Reso.Attch 1doc (6074 : Authorize Budget Amendment and
Resolution No. 2019-66
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
19.b
Packet Pg. 632 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Reso.Attch 1doc (6074 : Authorize Budget Amendment and
Resolution No. 2019-66
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
19.b
Packet Pg. 633 Attachment: PD.Parking Citation Fees.Phoenix Group Budget Amendment-Reso.Attch 1doc (6074 : Authorize Budget Amendment and
20.a
Packet Pg. 634 Attachment: CM.Final Reading Ordinance No. 1516.Staff Report (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
2018-19 Goals and Objectives
The proposed ordinance aligns with Goal No. 5: Improve City Government Operations,
as it clarifies the role of the City Manager under the City Charter.
Conclusion
Adopt Ordinance No. MC-1516 of the Mayor and City Council, amending Chapter 2.02
of the San Bernardino Municipal Code relating to the City Manager.
Attachments
Attachment 1 Ordinance No. MC-1516
Ward: All
Synopsis of Previous Council Actions:
3/6/19 – City Council by a vote of 3-3, with Mayor Valdivia breaking the tie, directed the City
Attorney’s Office to prepare an ordinance for the City Council’s review relating to Chapter 2.02.
3/20/19 – Ordinance No. MC-1516, amending Chapter 2.02 of the San Bernardino Municipal Code
was introduced for first reading.
4/25/2019 12:28 PM
20.a
Packet Pg. 635 Attachment: CM.Final Reading Ordinance No. 1516.Staff Report (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
ORDINANCE NO. MC-1516
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 2.02 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO THE CITY MANAGER
WHEREAS, Chapter 2.02 of the San Bernardino Municipal Code relates to the powers
and duties of the City Manager; and
WHEREAS, the City Council wishes to revise the provisions of Chapter 2.02 to clarify
the role of the City Manager and to ensure the language is consistent with the City Charter.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 2.02.060 of the San Bernardino Municipal Code is hereby
amended in its entirety to read as follows:
“2.02.060 The 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 or her 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 Mayor and City Council. The City Manager shall include any agenda item
requested by the presiding officer of the City Council for discussion and further direction from a
majority of the City Council; and
B. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney
if 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
20.b
Packet Pg. 636 Attachment: CM.Final Reading Ordinance No. 1516.ORDINANCE (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
Ordinance No. MC-1516
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 or her
direction, after informing and seeking input from the Mayor and City Council within the limits
established by the Charter, this Code, or the annual budget; provided, however, that nothing
herein contained shall be construed to 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 or her jurisdiction through their department heads; and
G. Investigate as necessary all complaints and other matters concerning the administration of the
City government. However, as to any complaint or other matter concerning the administration of
the City Manager’s office, it shall be referred to outside independent legal counsel for
investigation; 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 San Bernardino Municipal Code pursuant to Sections 853.5 and 853.6 of the
California Penal Code. He or she is also responsible for general policy supervision of the public
safety functions and primary liaison between these departments and the 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. Ensure that no expenditures shall be submitted or recommended to the City Council except on
approval of the City Manager or his or her authorized representative. The City Manager or his
authorized representative shall purchase or cause to be purchased all supplies for all departments
of the city, consistent with the terms of the City’s Purchasing System set forth in Chapter 3.04 of
the San Bernardino Municipal Code, and within the spending limits imposed by the City Council
by resolution or as authorized by the City Council; and
M. Make such administrative rules and regulations as the City Manager deems necessary for the
orderly administration of the various departments of the City.”
SECTION 3. Section 2.02.080 of the San Bernardino Municipal Code is hereby
amended in its entirety to read as follows:
20.b
Packet Pg. 637 Attachment: CM.Final Reading Ordinance No. 1516.ORDINANCE (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
Ordinance No. MC-1516
“2.02.080 Mayor and Council’s authority over the City Manager and other City
employees
In accordance with Section 306 (d) of the City Charter, neither the Mayor nor any Council
member shall interfere with the discretion of the City Manager in the exercise or performance of
his or her powers or duties. The Mayor and Council members shall deal with City officers and
employees who are subject to the direction and supervision of the City Manager solely through
the City Manager, and shall not give orders to or attempt to direct the work of such officers and
employees either publicly or privately. Inquiries may be made directly to officers and employees
under the supervision of the City Manager with the knowledge and consent of the City Manager.
The City Manager shall not unreasonably restrict the ability of the Mayor or any Council
member to make inquiries directly to officers and employees under the supervision of the City
Manager. In accordance with Section 401 (d) of the City Charter, the City Manager shall ensure
that the Mayor and Council members are fully informed on all aspects of important emerging
issues, and shall provide timely and complete responses to inquiries from the Mayor or Council
members. The City Manager shall not withhold relevant and material information from the
Mayor or Council members.”
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 7. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
20.b
Packet Pg. 638 Attachment: CM.Final Reading Ordinance No. 1516.ORDINANCE (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
Ordinance No. MC-1516
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 1st day of May, 2019.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
20.b
Packet Pg. 639 Attachment: CM.Final Reading Ordinance No. 1516.ORDINANCE (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1516, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 20th day of March, 2019. Ordinance No. MC-1516 was
approved, passed and adopted at a regular meeting held the 1st day of May, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
20.b
Packet Pg. 640 Attachment: CM.Final Reading Ordinance No. 1516.ORDINANCE (6075 : Final Reading – Ordinance No. 1516; Chapter 2.02 Relating to City
21.a
Packet Pg. 641 Attachment: MCC.November 2018.January.February.March 2019. BCCAC Approved Minutes.STAFF REPORT (6076 : November 2018, January,
2018-2019 Goals and Objectives
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Goal
No. 5: Improve City Government Operations.
Fiscal Impact
No fiscal impact to the City.
Conclusion
Receive and file the minutes from the City board, commission, and citizen advisory
committee meetings approved in March and April 2019.
Attachment
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting
minutes approved in March and April 2019;
Exhibit “A” Animal Control Commission – February 13, 2019, March 13,
2019
Exhibit “B” Arts and Historical Preservation Commission - January 24,
2019, February 19, 2019
Exhibit “C” Library Board – February 12, 2019, March 12, 2019
Exhibit “D” Parks, Recreation and Community Services - November 15,
2018, February 21, 2019
Exhibit “E” Planning Commission – February 12, 2019
Exhibit “F” Public Safety and Human Relations Commission – January 14,
2019, March 11, 2019
Exhibit “G” Water Board – February 12, 2019, February 26, 2019, March
12, 2019, March 26, 2019
4/24/2019 10:29 AM
21.a
Packet Pg. 642 Attachment: MCC.November 2018.January.February.March 2019. BCCAC Approved Minutes.STAFF REPORT (6076 : November 2018, January,
21.b
Packet Pg. 643 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 644 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 645 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 646 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 647 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 648 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 649 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 650 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 651 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 652 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 653 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 654 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 655 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 656 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 657 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 658 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 659 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 660 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 661 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 662 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 663 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 664 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
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Packet Pg. 676 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 677 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 678 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 679 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 684 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 685 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 690 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 691 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
Packet Pg. 692 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 694 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
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Packet Pg. 695 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
21.b
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21.b
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21.b
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21.b
Packet Pg. 708 Attachment: MCC.November2018.January.February.March2019 BCCAC Approved Minutes.Attachment 1 Exhibits A-G (6076 : November 2018,
Staff Report
City of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: National League of Cities Conference Update – March 10-13,
2019
Recommendation
Receive an oral report by Mayor Valdivia.
Background
On March 10-13, 2019, Mayor Valdivia attended the National League of Cities
Conference in Washington, DC.
Discussion
Mayor Valdivia will provide an oral report on the National League of Cities Conference at
this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attended the National League of Cities Conference to gain knowledge for future
policy making decisions. It aligns with Goal Number 3 which is to Create, Maintain and
Grow Jobs and Economic Value in the City.
Fiscal Impact
The estimated fiscal impact is $1900.00 and it will be paid out of the Mayor’s Office
“Meetings and Conferences” budget account number 001-010-0001-5132.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the oral report.
Attachments
Attachment 1 – § 532323- Government Code on Reporting Trips
Attachment 2 - AB 1234 Report on Meetings Attended
Attachment 3 – National League of Cities Conference Agenda and backup.
22.a
Packet Pg. 709 Attachment: MCC.National League of Cities Conference Update 3-10-19 - Mayor Valdivia (6077 : National League of Cities Conference Update –
22.b
Packet Pg. 710 Attachment: MCC.NLC § 532323- Government Code on Reporting Trips(Attachment 1) (6077 : National League of Cities Conference Update –
22.c
Packet Pg. 711 Attachment: MCC.NLC AB 1234 REPORT ON MEETINGS ATTENDED(Attachment 2) (6077 : National League of Cities Conference Update –
22.d
Packet Pg. 712 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 713 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 714 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 715 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 716 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 717 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 718 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 719 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 720 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 721 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 722 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
22.d
Packet Pg. 723 Attachment: MCC.NLC Agenda and back up - Attachment 3 (6077 : National League of Cities Conference Update – March 10-13, 2019)
Staff Report
City of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
By: Renee Brizuela, Executive Assistant to the Mayor
Subject: Transportation, Communication & Public Works Policy
Committee Update – March 29, 2019
Recommendation
Receive an oral report by Mayor Valdivia.
Background
On March 29, 2019, Mayor Valdivia attended the Transportation, Communication &
Public Works Policy Committee Meeting in Costa Mesa, CA.
Discussion
Mayor Valdivia will provide an oral report on the Transportation, Communication & Public
Works Policy Committee Meeting at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
He attended the League of California Cities Transportation, Communication & Public
Works Policy Committee Meeting to gain knowledge for future policy making decisions.
It aligns with Goal Number 3 which is to Create, Maintain and Grow Jobs and Economic
Value in the City.
Fiscal Impact
The estimated fiscal impact is $183.00 and it will be paid out of the Mayor’s Office
“Meetings and Conferences” budget account number 001-010-0001-5132.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the oral report.
Attachments
Attachment 1 § 532323- Government Code on Reporting Trips
Attachment 2 AB 1234 Report on Meetings Attended
Attachment 3 Transportation, Communication & Public Works Policy Committee
Agenda and backup.
23.a
Packet Pg. 724 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update 3-29-19 - Mayor Valdivia
23.b
Packet Pg. 725 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update(Attachment 1) (6078 :
23.c
Packet Pg. 726 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update(Attachment 2) (6078 :
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Packet Pg. 727 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update(Attachment 3) (6078 :
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Packet Pg. 735 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update(Attachment 3) (6078 :
23.d
Packet Pg. 736 Attachment: MCC.League of California Cities Transportation, Communication & Public Works Policy Committee Update(Attachment 3) (6078 :
Staff Report
City of San Bernardino
Request for Council Action
Date: May 1, 2019
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member Second Ward
By: Valerie R. Montoya, Administrative Assistant to City Council
Subject: Water Education for Latino Leaders (WELL) 7th Annual
Conference Update – March 28-29, 2019
Recommendation
Receive an oral report by Council Member Sandra Ibarra.
Background
On March 28-29, 2019 Council Member Ibarra attended the Water Education for Latino
Leaders (WELL) 7th Annual Conference in Long Beach, California.
Discussion
Council Member will provide an oral report on the Water Education for Latino Leaders
(WELL) 7th Annual Conference at this evening’s meeting.
Mayor, City Council and City Manager Goals and Objectives
Council Member Ibarra attended the Water Education for Latino Leaders (WELL) 7th
Annual Conference to gain knowledge for future policy making decisions. It aligns with
Goal Number 3 which is to Create, Maintain and Grow Jobs and Economic Value in the
City.
Fiscal Impact
No fiscal impact. Council Member Ibarra received a full scholarship.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the oral report.
Attachments
Attachment 1 § 532323- Government Code on Reporting Trips
Attachment 2 AB 1234 Report on Meetings Attended
Attachment 3 WELL 7TH Annual Conference Agenda
24.a
Packet Pg. 737 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Ibarra - 5-1-19 (6079 : Water Education for Latino
24.b
Packet Pg. 738 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - (Attachment 1) - Copy (6079 : Water Education
24.c
Packet Pg. 739 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - (Attachment 2) (6079 : Water Education for
24.d
Packet Pg. 740 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
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Packet Pg. 741 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
24.d
Packet Pg. 742 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
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Packet Pg. 743 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
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Packet Pg. 744 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
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24.d
Packet Pg. 747 Attachment: MCC.Water Education for Latino Leaders (WELL) 7th Annual Conference Update - Attachment 3.docx (6079 : Water Education for
25.a
Packet Pg. 748 Attachment: FN.SB946 Sidewalk Vending.Staff Report (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
without a permit or in violation of a permit is punishable by an administrative fine set by
a graduated schedule of fines set at the maximum levels allowed by state law.
The Ordinance creates a permitting process requiring applicants to:
(1) provide personal identification;
(2) list the items they intend to sell;
(3) undergo criminal background checks; and
(4) submit evidence of health permits and seller’s permits, as required.
The city may only impose regulations that directly relate to objective health, safety or
welfare concerns. The City may regulate the time, place, and manner of sidewalk
vending, including, but not limited to, any of the following:
• Restricting the hours of operation;
• Requiring maintenance of sanitary conditions;
• Complying with disability access standards;
• Obtaining a use permit and/or business registration;
• Possessing a valid California seller’s permit for sales tax compliance;
• Requiring additional licenses from other state or local agencies as required by law;
• Requiring compliance with other generally applicable laws; and
• Providing information on vendor operations.
The proposed ordinance will allow the City to impose all allowable restrictions while also
requiring those selling food to uphold the guidelines outlined by the San Bernardino
County Department of Health.
2018-19 Goals and Objectives
The request for an ordinance amendment aligns with Goal No. 3: Create, maintain, and
grow jobs and economic value in the city. This ordinance will allow the city to regulate
sidewalk vending while creating entrepreneurship and economic development
opportunities for low-income and immigrant communities.
Fiscal Impact
The sidewalk vending application and permit process is proposed to occur in a manner
comparable to existing regulatory permits. The full cost to administer the sidewalk
vendor permit will be repaid through the collection of fees as outlined in the fee
resolution that will be on the May 15, 2019 City Council agenda with the second reading
of this ordinance. There are no additional costs to implement Staff’s recommendations.
Conclusion
It is recommended that the Mayor and City Council approve Ordinance No. MC-1517,
adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code imposing
regulations in sidewalk vending.
Attachments
Attachment 1 Ordinance No. MC-1517
4/26/2019 7:52 AM
25.a
Packet Pg. 749 Attachment: FN.SB946 Sidewalk Vending.Staff Report (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
ORDINANCE NO. MC-1517
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 5.30 OF TITLE 5 TO THE SAN
BERNARDINO MUNICIPAL CODE IMPOSING
REGULATIONS ON SIDEWALK VENDING
WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal
corporation, duly organized under the California Constitution and laws of the State of California;
and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with newly
enacted Senate Bill (“SB 946”); and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities
from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, according to its terms, SB 946 applies to both charter and general law
cities; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly
related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors
to operate only in a designated neighborhood or area, except as specified; and
WHEREAS, the permit requirements proposed are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities Act
and the City’s general encroachment permit requirements for work and/or activities in the public
right of way; and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum
path of accessible travel are necessary to comply with the Americans with Disabilities Act and
maintain minimum safe access along public sidewalks; and
WHEREAS, standards for maintaining access to building entrances, and not blocking
driveways, fire hydrants, parking areas and building storefront windows, are necessary to guard
the health and safety of patrons, drivers, vendors and existing business owners and promote fire
suppression and law enforcement practices that allow the City’s safety personnel to observe
activities within buildings and maintain access; and
WHEREAS, the City Council finds and determines that the installation, repair,
maintenance, and removal of encroachments in the public way must be regulated in order to
protect the public health, safety, and welfare and to provide for the orderly administration and
maintenance of the public access ways for the benefit of the community, while at the same time
1
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Packet Pg. 750 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
allowing reasonable accommodation and cooperative flexibility for providing necessary utility
and other convenience services to the community; and
WHEREAS, the City Council finds that public and private persons who maintain and/or
install encroachments in the public way bear a responsibility to help preserve the public way and
to contribute to the administrative and liability costs incurred by the community and caused by
such encroachments; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
risks to children, and consumer protection; and
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to
be located on private property and public streets and move quickly from place to place in the
community, including near parks, schools, and other places frequented by children, warrants
imposing certain regulatory measures, including requiring background checks, to protect the
health, safety, and welfare of the community; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas
located within the immediate vicinity of a permitted certified farmers’ market and a permitted
swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate
vicinity of an area designated for a temporary special permit issued by a city; and
WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective
harm to the health, safety, and welfare of the City’s residents; and
WHEREAS, fraud or misrepresentation in the application for the permit constitutes an
objective harm to health, safety, and welfare of the City’s residents; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger
to the public constitutes an objective harm to the health, safety, and welfare of the City’s
residents.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 5.30 is hereby added to the San Bernardino Municipal Code to
read as follows:
2
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Packet Pg. 751 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
Chapter 5.30
SIDEWALK VENDING.
Sections:
5.30.010 Purpose and Intent
5.30.020 Definitions
5.30.030 Permits Required
5.30.040 Police Department Investigation
5.30.050 Review of Permit Application; Decision
5.30.060 Renewal of Sidewalk Vending Permit
5.30.070 Stationary Sidewalk Vending Locations and Standards
5.30.080 Sidewalk Vending in Parks, Certified Farmer’s Markets
5.30.090 Roaming Sidewalk Vending
5.30.100 Suspension; Rescission
5.30.110 Appeals
5.30.120 Compliance with all Applicable State Laws
5.30.130 Penalties
5.30.010 Purpose and Intent
The vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent
locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers
to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is
to implement regulations on both roaming and stationary sidewalk vending that protect the
public health, safety, and welfare of the community while complying with the requirements of
general state law, as amended from time to time, to promote safe vending practices, prevent
safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the
community.
5.30.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A. “Agricultural Products” means agricultural, horticultural, viticultural, and dairy products,
livestock and the products thereof, the products of poultry and bee raising, the edible
products of forestry, and any and all products raised or produced on farms and processed
or manufactured products thereof. Agricultural products does not include cannabis or
cannabis products.
B. “Certified Famers’ Market” means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter.
C. “City” means the City of San Bernardino.
D. “County” means the County of San Bernardino.
3
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Packet Pg. 752 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
E. “Park” means a public park owned by the City.
F. “Director of Finance” means the Director of Finance or his or her designee.
G. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place
to place and stops only to complete a transaction.
H. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages
in, or carries on a food or merchandise vending business from a pushcart, stand, display,
pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from
one’s person, upon a public sidewalk, property, or other pedestrian path.
I. “Swap Meet” means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
J. “Temporary Event Permit” means any use as permitted under Chapter 19.70.
5.30.030 Permits Required
A. All sidewalk vendors shall obtain a sidewalk vending permit from the City’s Business
Registration Division prior to engaging in any sidewalk vending activities. The following
information shall be required:
1. Name, current mailing address, and phone number of the vendor; and
2. If the vendor is an agent of an individual, company, partnership, or corporation,
the name and business address of the principal; and
3. A description of the merchandise/goods to be offered for sale or exchange, and
the days/hours of sales; and
4. A copy of the California seller’s permit with the sales tax number issued by the
California Department of Tax and Fee Administration to the vendor; and
5. A copy of the vendor’s social security card with the number, a copy of the valid
California Driver’s license issued to the vendor, or a copy of the individual
taxpayer identification number issued to the vendor; and
6. If preparing or selling food, a copy of a current County Public Health Department
permit issued to the vendor; and
7. If vendor is selling food, a current decal sticker posted on the food cart issued by
the County Public Health Department; and
8. If the vendor proposes to be a sidewalk vendor, a description or site plan map of
the proposed location(s) where vending will take place, showing that the sidewalk
location maintains a minimum of thirty-six inches (36”) of accessible route area,
in compliance with the Americans with Disabilities Act; and
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Packet Pg. 753 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
9. If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant
to Section 12.03.060 of the San Bernardino Municipal Code; and
10. A copy of general liability policy naming the City as additional insured in the
amount of $1,000,000
11. A certification by the vendor that to his or her knowledge and belief, the
information contained in the application is true.
B. At the time the application or renewal application is filed, the application shall pay the
permit processing fee established by separate resolution of the City Council.
5.30.040 Police Department Investigation
Upon the filing of the application required by section 5.30.030, together with the application
fee(s), the Director of Finance, or his or her designee, shall transmit one copy to the Police
Department. The applicant shall cooperate with the Police Department in conducting their
investigation and shall, if requested, provide the Police Department with other documents or
materials which may be requested which reasonably relate to the course of the Department’s
investigation. Within forty-five calendar days of the date the application is filed with the Finance
Department, the Chief of Police shall report to the Finance Department in writing recommending
approval or denial of the permit and stating the reasons therefore.
5.30.050 Review of Permit Application; Decision
A. The Director of Finance may deny an application for a permit if he or she makes any of
the following findings:
1. The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the application for
a permit.
3. The applicant does not have a valid social security card or valid California
Driver’s license; or valid individual taxpayer identification number; or a
municipal identification number.
4. The applicant’s vending operation, as described in the application, is inconsistent
with the standards, conditions, and requirements of this Chapter.
5. Within three (3) years of the date of the application, the applicant has been
convicted in a court of competent jurisdiction or pled nolo contendere to any
felony offense involving the sale of a controlled substance specified in California
Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the
time of application is on probation or parole for any offenses set forth in this
section for an offense that was committed within three (3) years of the date of the
application.
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Packet Pg. 754 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
6. It is determined that the applicant does not possess all federal, state, and local
permits and licenses necessary to engage in the activity in which he or she seeks
to engage.
B. If the application is denied, the reasons for disapproval shall be noted on the application,
and the applicant shall be notified that his or her application is denied and that no permit
will be issued. Notice shall be mailed to the applicant at the address shown on the
application form.
C. If the Director of Finance approves the applicant’s permit, he or she shall endorse his or
her approval on the application and shall, upon payment of the prescribed fee, deliver the
permit to the applicant.
D. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown. As
defined in 5.30.020(A) agriculture products does not include cannabis. Sale of
cannabis products must adhere to regulations as stipulated in Chapter 5.10 of the
Municipal Code.
2. Catering for private parties held exclusively on private property and not open to
the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit including
but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor
concerts, sport league opening day, and business sidewalk sales.
E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall
automatically expire one (1) year from the date issued, unless an earlier expiration date is
noted on the permit.
F. Transferability. A sidewalk vending permit shall not be transferable to any other entity
or person and is valid only as to the original applicant for the term stated.
5.30.060 Renewal of Sidewalk Vending Permit
All sidewalk vendors shall annually apply for renewal of their Sidewalk Vending Permit from
the City’s Director of Finance prior to continuing to engage in any sidewalk vending activities.
Any sidewalk vendor who currently possesses a Sidewalk Vending Permit allowing them to
operate a vending operation must, upon time of renewal of their license, apply for a Sidewalk
Vending Permit, supplying the information as required in section 5.30.030 of this Division.
5.30.070 Stationary Sidewalk Vending Locations and Standards
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any
residential zone of the City. Stationary sidewalk vendors may operate in non-residential
zones of the City, including mixed use zones, provided they meet the following:
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Packet Pg. 755 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.30.030; and
2. The sidewalk vendor can set up their vending operation while still leaving a
minimum of thirty-six inches (36”) of accessible path of travel, without
obstruction, along the public sidewalk or public pathway; and
3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid
Health Permit issued by the County in a conspicuous location on the food cart;
and
4. If the sidewalk vendor is selling food, all employees shall possess a current food
handlers card, issued by the County; and
5. Sidewalk vendor food cart shall possess a current decal sticker posted on the food
cart; and
6. Sidewalk vending hours shall be conducted between the hours of 7:00 a.m. and
10:00 p.m. of every day; and
7. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary
condition; and
8. The sidewalk vendor location does not block entrances to private buildings,
private driveways, parking spaces or building windows; and
9. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop,
loading zone, handicapped parking space or access ramp, fire station driveway, or
police station driveway; and
10. No tables, chairs, fences, shade structures, other site furniture, or any freestanding
signs shall be permitted in conjunction with the vendors vending activities; and
11. The vendor shall not attach or use any water lines, electrical lines, or gas lines
during vending operations; and
12. Exterior storage or display of refuse, equipment, materials, goods, wares, or
merchandise associated with the vendor is prohibited; and
13. No vending shall occur within the immediate vicinity of a Certified Farmers’
Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit;
and
14. The sidewalk vendor shall not discharge any liquid (e.g. water, grease, oil, etc.)
onto or into the city streets, storm drains, catch basins, or sewer facilities. All
discharges shall be contained and properly disposed of by the vendor.
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Packet Pg. 756 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
5.30.080 Sidewalk Vending in Parks, Certified Farmer’s Markets
A. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be
prohibited in any City Park with a concession stand operated by a vendor under exclusive
contract with the City selling similar food or merchandise or in an area occupied by a
Certified Farmer’s Market.
B. Subject to section 5.30.070(A), sidewalk vendors may operate in City Parks provided
they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.30.030(A); and
2. For stationary sidewalk vending, the sidewalk vendor can set up their vending
operation while still leaving a minimum of thirty-six inches (36”) of accessible
path of travel, without obstruction, along the public sidewalk or public pathway;
and
3. The sidewalk vendor shall cease operations one (1) hour prior to the close of the
park; and
4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary
condition; and
5. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid
Health Permit issued by the County in a conspicuous location on the food cart;
and
6. If the sidewalk vendor is selling food, all employees shall possess a current food
handlers card, issued by the County; and
7. Sidewalk vendor food cart shall possess a current decal sticker posted on the food
cart; and
8. The sidewalk vendor location does not block entrances to buildings, driveways,
parking spaces, or building windows; and
9. No vending shall occur within the immediate vicinity of an event held pursuant to
a Temporary Event Permit; and
10. In City Parks that are located within a residential zone, where stationary sidewalk
vending is prohibited, as described in Section 5.30.070(A) of this Chapter, only
roaming sidewalk vendors shall be allowed in such Parks; and
11. The City can impose regulations to limit the number of Sidewalk Vendors in City
Parks to limit the undue concentration of commercial activity that unreasonable
interferes with the scenic and natural character of the park or necessary to endure
the public’s use and enjoyment of the natural resources and recreational
opportunities of City parks.
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Packet Pg. 757 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
5.30.090 Roaming Sidewalk Vending
A. Roaming sidewalk vendors shall meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
5.30.030(A); and
2. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid
Health Permit issued by the County in a conspicuous location on the food cart;
and
3. If the sidewalk vendor is selling food, all employees shall possess a current food
handlers card, issued by the County; and
4. Sidewalk vendor food cart shall possess a current decal sticker posted on the food
cart; and
5. Sidewalk vending hours for residential zones shall be conducted between the
hours of 7:00 a.m. and 8:00 p.m.; and
6. Sidewalk vending hours for non-residential zones shall be conducted between the
hours of 7:00 a.m. and 10:00 p.m. of every day; and
7. The sidewalk vendor maintains their temporary vending area in a clean, orderly,
and sanitary condition; and
8. The sidewalk vendor does not block entrances to buildings, driveways, parking
spaces, or building windows; and
9. The sidewalk vendor does not conduct sales from a public street; and
10. No vending shall occur within the immediate vicinity of a Certified Farmers’
Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit;
and
11. The vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into
city streets, storm drains, catch basins, or sewer facilities. All discharges shall be
contained and properly disposed of by the vendor.
5.30.100 Suspension; Rescission
A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by
the Director of Finance after four or more violations of this Chapter, for any of the
following causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
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Ordinance No. MC-1517
3. Vending in a manner that creates a public nuisance or constitutes a danger to the
public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this
Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at
his or her last known address.
C. No person whose street vending permit has been revoked pursuant to this chapter shall be
issued a street vending permit for a period of two (2) years from the date revocation
becomes final.
5.30.110 Appeals
In the event that any applicant or permittee desires to appeal from any order, rescission, or other
ruling of the Director of Finance, made under the provisions of this Chapter, such applicant or
any other person aggrieved shall have the right to appeal such action or decision in accordance
with section 8.30.030.
5.30.120 Compliance with all Applicable State Laws
It is the intent of this Chapter to regulate sidewalk street vendors in compliance with all
provisions of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk
vendors to comply with all applicable state and local laws.
5.30.130 Penalties
A. It is unlawful for any person to violate any provision or fail to comply with any
requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one (1)
year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within
one (1) year of the first violation.
B. A violation of vending without a sidewalk vending permit may, in lieu of the penalties set
forth in subsection (A) set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first
violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second
violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one (1) year of the first violation.
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Packet Pg. 759 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
C. If an individual is subject to subsection (B), set forth above, for vending without a
sidewalk vending permit, upon the individual providing proof of a valid permit issued by
the City, the administrative fines set forth in this Chapter shall be reduced to the
administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be
deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable
as an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized in this Chapter shall not be assessed.
F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor,
and any person alleged to have violated any provisions of this Chapter shall not be
subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take
into consideration the person’s ability to pay the fine. The City shall provide the person
with notice of his or her right to request an ability-to-pay determination and shall make
available instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or while the
judgment remains unpaid, including when a case is delinquent or has been referred to a
comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Government
Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent
of the administrative fine imposed pursuant to this Chapter.
2. The City may allow the person to complete community service in lieu of paying
the total administrative fine, may waive the administrative fine, or may offer an
alternative disposition.
H. A person who is currently serving, or who completed, a sentence, or who is subject to a
fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by
trial or by open or negotiated plea, who would not have been guilty of that offense under
SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of
the sentence, fine, or conviction before the trial court that entered the judgment of
conviction in his or her case. ”
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
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Packet Pg. 760 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of ___________, 2019.
___________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 761 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
Ordinance No. MC-1517
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1517, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 1st day of May, 2019. Ordinance No. MC-1517 was
approved, passed and adopted at a regular meeting held the ____ day of March, 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
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Packet Pg. 762 Attachment: FN.SB946 Sidewalk Vending Ordinance (6080 : Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing
27.a
Packet Pg. 763 Attachment: CED.Transfer of Sturges to School District.Staff Report (6082 : Transfer the Sturges Center for the Fine Arts to the San Bernardino
On September 15, 2015, the Successor Agency submitted its San Bernardino 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 were designated as future
development sites and twenty-one (21) of which were designated to be sold.
Per the DOF’s letter of May 17, 2016, on August 1, 2016, the Mayor and City Council adopted
Resolution No. 2016-165, which authorized the transfer from the 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. On August 16, 2016, the Successor
Agency transferred the seven (7) sites identified with the LRPMP as future development sites to
the City via quitclaim deed.
The City is now responsible for compliance with the applicable provisions of the HSC governing
the later transfer of such real property sites. In this instance, when such properties are
proposed to be transferred at a price that is less than a fair and reasonable cost, the City is
required to request that the affected taxing entities entitled to a share of the pass-through
payments and distributions of property taxes with respect to the redevelopment project areas of
the former Redevelopment Agency of the City of San Bernardino consent to such purchase
price pursuant to a “Compensation Agreement”, which may include no compensation.
Consistent with the foregoing, the City is the owner of record as to those certain real property sites
that together consist of approximately 1.27 acres of developed land located at:
1) 562 West 4th Street San Bernardino, California (APNs 0134-131-10, -30, consisting of
approximately 33,742 SF and commonly known as the California Theatre of the Performing
Arts [the “California Theatre”]); and
2) 780 North “E” Street, San Bernardino, California (APN 0140-273-21, consisting of
approximately 21,484 SF and commonly known as the Sturges Center for the Fine Arts [the
“Sturges Center”]) (collectively, the “Properties”).
Within the LRPMP the Properties are:
i) Designated for future development;
ii) Identified as a portion of Site No. 21 (i.e., also known as the Theater Square site);
iii) The California Theatre Property is a performing arts facility constructed during 1928, is
listed on the National Register of Historic Places (No. 09001116) and is zoned “CR-2
Regional Downtown”;
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Packet Pg. 764 Attachment: CED.Transfer of Sturges to School District.Staff Report (6082 : Transfer the Sturges Center for the Fine Arts to the San Bernardino
iv) The Sturges Center Property is a performing and cultural arts facility constructed during
1925, is listed as a California Historical Resource (No. P608) and is zoned “PF-Public
Facility”; and
v) More fully described within Exhibit "A" to the attached Compensation Agreement, which is
an excerpt from the LRPMP.
The purpose of Compensation Agreement is to formalize the consent of the taxing entities with
respect to the City’s: i) retention of the California Theatre; and ii) conveyance of the Sturges Center
to the SBCUSD for governmental use to provide for their continued use for public performing and
cultural arts purposes, subject to receiving the Properties at no cost without compensation to the
taxing entities.
Discussion
During the closed session portion of the Mayor and City Council meeting of November 21, 2018,
staff was authorized to negotiate the necessary agreements with the SBCUSD with respect to
the Sturges Center. The SBCUSD’s Board of Education previously authorized their staff to
negotiate the agreements with the City. City and SBCUSD staff have now completed
negotiations and the following agreements are ready for consideration:
1. Purchase and Sale Agreement and Joint Escrow Instructions (between the City and
SBCUSD)
2. Possession and Occupancy Agreement (between City and SBCUSD); and
3. Compensation Agreement (between the City and the effected taxing entities).
Approval of the attached agreements will confirm the City’s and the San Bernardino City Unified
School District’s (the “SBCUSD”) respective determinations to retain the California Theatre (by the
City) and the Sturges Center (by the SBCUSD) for governmental use to provide for their continued
use for public performing and cultural arts purposes, subject to receiving the Properties at no cost
without compensation to the taxing entities.
Further, as a material consideration, the Purchase and Sale Agreement and Joint Escrow
Instructions permits the City to use the Sturges Center for City-sponsored events up to four (4)
days per calendar year, without cost to the City, subject to the City providing security for such
events, at its sole cost and expense. In addition, the Sturges Center is currently being operated
by Theatrical Arts International Foundation, Inc. (the “TAI”), a California nonprofit public benefit
corporation, pursuant to an agreement with the City, which agreement will be terminated
concurrently with the effectiveness of the Possession and Occupancy Agreement. In that
regard, TAI has been advised of this necessity and that in order to be considered for further
management opportunities at the Sturges Center that TAI will need to propose such
arrangement to the SBCUSD.
The recommended actions have 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 recommended actions do not constitute a “project” for purposes
of CEQA, as that term is defined by CEQA Guidelines § 15378, because the recommended
actions are organizational or administrative activities that will not result in a direct or indirect
physical change in the environment, per § 15378 (b) (5) of the CEQA Guidelines.
27.a
Packet Pg. 765 Attachment: CED.Transfer of Sturges to School District.Staff Report (6082 : Transfer the Sturges Center for the Fine Arts to the San Bernardino
2018-2019 Goals and Objectives
Approval of the recommended actions aligns with Goal No. 4: Ensure Development of a Well-
Planned, Balanced, and Sustainable City. The activity involves the winding-down of the former
redevelopment agency, which will result in the transfer of real property assets to third parties to
place them into highest and best economic uses, consistent with the City’s General Plan and
Zoning Ordinance, that will create economic activities, create job opportunities, enhance
performing and cultural arts activities benefitting the City as a whole and increase tax-ratables.
Fiscal Impact
The proposed agreements provide for the transfer of the Sturges Center to the SBCUSD and
the California Theatre to the City, both for governmental use to provide for their continued use for
public performing and cultural arts purposes, subject to receiving the Properties at no cost without
compensation to the taxing entities. Once completed, the operating costs of the Sturges Center
will be the responsibility of the SBCUSD and the operating costs of the California Theatre will be
the responsibility of the City. Both facilities are anticipated to generate program income that
may be applied to operating costs.
Conclusion
It is recommended that the Mayor and City Council approve a:
1. Purchase and Sale Agreement and Joint Escrow Instructions with the San Bernardino City
Unified School District to transfer the Sturges Center for the Fine Arts to the District for
governmental use at no cost;
2. Possession and Occupancy Agreement with the San Bernardino City Unified School District
providing the District immediate possession and access to the Sturges Center for the Fine
Arts; and
3. Compensation Agreement with the affected taxing entities entitled to a share of the pass-
through payments and distributions of property taxes with respect to the redevelopment
project areas of the former Redevelopment Agency of the City of San Bernardino consenting
to the transfer of the Sturges Center of the Fine Arts to the District and the California
Theatre of the Performing Arts to the City for governmental use to provide for their continued
use for public performing and cultural arts purposes, subject to receiving the Properties at no
cost without compensation to the taxing entities.
Attachments
Attachment 1 Purchase and Sale Agreement and Joint Escrow Instructions
Attachment 2 Possession and Occupancy Agreement
Attachment 3 Compensation Agreement
Ward: 1
Synopsis of Previous Council Actions:
November 21, 2018: During the closed session portion of the meeting, staff was authorized
to negotiate the necessary agreements with the SBCUSD with respect
to the Sturges Center.
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Packet Pg. 766 Attachment: CED.Transfer of Sturges to School District.Staff Report (6082 : Transfer the Sturges Center for the Fine Arts to the San Bernardino
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: City of San Bernardino
BUYER: San Bernardino City Unified School District
DATED: _________________, 2019
PROPERTY: 780 N. “E” Street, San Bernardino, CA
(Sturges Center for the Fine Arts)
APN 0140-273-21
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Packet Pg. 767 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
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 ____________________, 2019
(the “Effective Date”) by and between Seller and Buyer.
RECITALS
A. Seller is the fee owner of the Property, the legal description for which is attached
hereto as Exhibit A and incorporated herein by reference.
B. The Property was designated by the State of California Office of Historic
Preservation as Historical Landmark No. P608 on January 14, 1987.
C. Seller has offered to convey to Buyer the Property described herein subject to the
terms set forth below. Buyer has considered the offer by Seller and agrees to accept conveyance
from Seller of the Property, as more specifically described below.
D. The Property was conveyed to the City by the Successor Agency to the
Redevelopment Agency of the City of San Bernardino in accordance with the Long-Range Property
Management Plan dated September 2015 and amended December 2015. Accordingly, prior to and
as a condition of the conveyance hereunder, the City will seek to reach a compensation agreement
pursuant to California Health & Safety Code (“HSC”) § 34180(f) (the “Compensation Agreements”)
with affected taxing entities, as defined in the HSC § 34171(k), that are eligible to receive pass-
through payments and distribution of taxes with respect to the Property (“Affected Taxing
Entities”).
E. A material consideration to Seller in agreeing to sell the Property to Buyer pursuant
to this Agreement and but for which Seller would not have agreed to enter into this Agreement or
sell the Property to Buyer, Buyer has agreed to the following “District Covenants”:
(i) to use and operate the property for education related purposes;
(ii) to preserve the historical integrity of the Sturges Center for the Fine Arts (the
“Sturges Center”) consistent with its designation as a California Historical
Landmark;
(iii) to enter into and comply with the terms of the Possession and Occupancy
Agreement attached hereto as Exhibit B and incorporated herein by
reference, which will be effective upon the Opening of Escrow, as
hereinafter defined;
(iv) to permit the City to use the Property for City-sponsored events up to four
(4) days per calendar year, without cost to the City, subject to the City
providing security for such events, at its sole cost and expense; and
(v) to the provisions set forth in Section 14 hereof.
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F. The Sturges Center is currently being operated by Theatrical Arts International
Foundation, Inc., a California nonprofit public benefit corporation, pursuant to an oral agreement
with the City which agreement will be terminated concurrently with the effectiveness of the
Possession and Occupancy Agreement.
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. Basic Terms and Definitions. The Basic Terms and Definitions are attached hereto
as Exhibit C and incorporated herein by reference. In the event of any inconsistency between the
Basic Terms and Definitions and this Agreement, the terms of this Agreement shall prevail.
2. Conveyance and Consideration. Seller hereby agrees to convey the Property to
Buyer, and Buyer hereby agrees to accept conveyance of the Property from Seller, on the terms and
conditions set forth in this Agreement. The term Property is defined as the fee interest in the
Property to be conveyed by a grant deed in the form of the Deed, attached hereto as Exhibit D. As
consideration for the conveyance of the Property from Seller to Buyer, Buyer agrees to the District
Covenants, each of which expressly survive Closing.
3. 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
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) Closing. For purposes of this Agreement, the “Closing” or “Closing Date”
shall be the date the Deed, is recorded pursuant to applicable law in the County of San Bernardino
(the “County”). Unless changed in writing by Buyer and Seller, the Closing shall occur within ten
(10) business days after the Buyer’s Contingencies and Seller’s Contingencies are satisfied pursuant
to Sections 6 and 7 of this Agreement, but in no event after the second (2nd) anniversary date of the
Opening of Escrow (“Outside Closing Date”), unless extended in writing by the parties. If the
Closing has not, for any reason, occurred by the Outside 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.
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Packet Pg. 769 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
4. Seller’s Delivery of Property and Formation Documents. Within ten (10)
business days after the Effective Date, Seller shall deliver to Buyer the following items (collectively,
the Property Documents”):
(a) Such reasonable proof of Sellers’ authorization to enter into this Agreement
and to consummate this transaction consistent with the terms of this Agreement.
(b) To the extent in the possession of Seller, all materials, if any, related to
pending or threatened litigation involving the 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.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a 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.
5. Buyer’s Right of Access. From and after the Opening of Escrow through the earlier
to occur of the termination of this Agreement or the Closing, Buyer shall have the right of access to
the Property pursuant to the Possession and Occupancy Agreement.
(a) Investigation of the Property. In addition to the foregoing, the Buyer shall
have the right, at its sole cost and expense, within sixty (60) days from the Opening of Escrow (the
Building Conditions, Soil and Title Contingency Date), to make such evaluations, inspections, tests
or investigations as Buyer deems necessary or appropriate, including seismic assessments of the
Sturges Center and/or any “Phase 1” or “Phase 2” investigations of the 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 Property based upon the condition of the Property,
Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the
Building, Soil and Title Contingency Date. Seller shall be provided a copy of all reports and test
results provided by Buyer’s consultants promptly after receipt by the Buyer of any such reports and
test results without any representation or warranty as to their accuracy or completeness.
Buyer shall bear all costs, if any, associated with restoring the 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 Property.
“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
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(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 Property. The physical condition and possession of
the 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, seismic safety, land use regulations,
building regulations, 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 Property for its intended
purposes (collectively, the “Property Condition”). In addition, Seller makes no representations,
warranties or assurances concerning the Property, its suitability for any particular use or with regard
to the approval process for entitlements as to the Property. Further, Seller shall have no obligation
to cure any issue(s) that are discovered which might adversely affect the Property Condition.
(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
Property is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the Property with respect to Hazardous Materials. This provision shall survive the
Closing.
6. Buyer’s Contingencies and Termination Right.
(a) Buyer’s Contingencies. The Closing and Buyer’s obligation to accept
conveyance of the Property under this Agreement are subject to the timely satisfaction, approval, or
written waiver of the following contingencies (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 (30th) day after the Effective Date, Seller shall cause
the Title Company, at its expense, to deliver to Buyer a preliminary title report (the “Report”)
describing the title to the Property, together with copies of the plotted easements and the exceptions
(the “Exceptions”) set forth in the Report. On or before the Building, 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 Property; and (iv) any survey Buyer desires to obtain at Buyer’s sole cost
and expense. Buyer’s failure to approve in writing the Title Documents prior to the Building, Soil
and the Title Contingency Date shall be deemed to be a disapproval of the Title Documents. 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).
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Packet Pg. 771 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company
shall, upon payment by Buyer, 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 an amount determined by Buyer showing fee title to the
Property vested solely in Buyer and subject only to: (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 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.
(iii) Inspections and Studies. On or before the Building, Soil, and Title
Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion,
the Property Condition. If Buyer fails to give such written notice on or before the Building, 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 the Natural Hazard Report.
(v) Property and Formation Documents. On or before the Building,
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) 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.
(x) 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. If any of Buyer’s Contingencies are not to be met by the
Outside Closing Date, Buyer may, by written notice to Seller, terminate this Agreement.
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Packet Pg. 772 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
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 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 the
scheduled Closing (“Termination Notice Deadline”), and/or Buyer has approved in writing all of
Buyer’s Contingencies, 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 approved, in writing, the items
set forth in Sections 6(a)(i)-(x) inclusive, prior to the Termination Notice Deadline, such Buyer’s
Contingencies shall be deemed to have been satisfied.
(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 not 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 by 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 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). 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.
(d) Compensation Agreement. Seller shall have entered into Compensation
Agreements with the Affected Taxing Entities.
7. Seller’s Contingencies 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 contingencies (“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 Building, Soil, and Title Contingency Date that Buyer has completed
its review of title and that the condition of title is satisfactory and Buyer has approved a pro forma
title policy.
(b) Confirmation Concerning Property. Seller shall have received written
confirmation from Buyer on or before the Building, Soil, and Title Contingency Date that Buyer has
reviewed the condition of the Property, including without limitation, the Property Condition, and
approves the condition of the Property.
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(c) Compensation Agreement. Seller shall have entered into a
Compensation Agreement with the Affected Taxing Entities.
(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) Delivery of Documents. Buyer’s delivery of all documents described in
Section 8(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). 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
Seller.
8. Seller’s Deliveries to Escrow Holder. 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 Certificate of
Non-Foreign Status in the form attached hereto as Exhibit E (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 California Civil Code Sections 1102 and 1103 (the
“Natural Hazard Report”) before the Closing.
(iv) Possession of Property. Possession of the 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.
(viii) Compensation Agreement. A copy of the fully executed
Compensation Agreement.
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Packet Pg. 774 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
9. Buyer’s Deliveries to Escrow. 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 (“Buyer’s Delivered Items”):
(i) Change of Ownership Report. One (1) original Preliminary Change
of Ownership Report.
(ii) Final Escrow Instructions. Buyer’s final written escrow instructions
to close escrow in accordance with the terms of this Agreement.
(iii) 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.
(iv) 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.
10. 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; and (iii) costs, if any,
allocable to the 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) the premium
for a Standard Buyer’s Title Policy with coverage in the amount determined by Buyer;
(iv) documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) all escrow charges;
(vii) recording and other costs of closing; and (viii) costs, if any, for such services as Buyer may
additionally request that Escrow perform on its behalf.
(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 Property from
the Seller. Seller has not engaged the services of any consultants, finders or real estate brokers in
connection with the conveyance of the Property to the Buyer. Seller shall not be responsible for any
real estate commissions in connection with the conveyance of the Property under this Agreement.
11. Prorations; Withholding. All revenues (if any) and expenses relating to the
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
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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.
12. 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 to be recorded pursuant to
applicable law in the county in which the 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. Seller authorizes Escrow Holder to request
demands for payment and to make such payments from 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).
(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, 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.
(h) Possession. Possession of the Property shall be delivered to Buyer at the
Closing.
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Packet Pg. 776 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering
into this Agreement and as an inducement to Buyer to accept conveyance of the 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) All requisite action 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.
(ii) 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.
(iii) 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 Property,
including, but not limited to, any of the Title Documents or the Property Documents.
(iv) 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
Property. There are no claims which have been received by Seller that have not been disclosed to
Buyer.
(v) Seller has made no written or oral commitments to or agreements
with any governmental authority or agency materially and adversely affecting the Property, or any
part hereof, or any interest therein, which will survive the Closing.
(vi) There are no leases or rental agreements in effect as to the Property.
(vii) 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 Property.
(viii) 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
Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this
Agreement.
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Packet Pg. 777 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
(ix) 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 Property
that will be binding upon Buyer or the Property after the Closing. To the best knowledge of the City
Manager and excepting only the oral agreement between the City and TAI, as referenced in the
Recitals that will be terminated concurrently with the effectiveness of the Possession and
Occupancy Agreement, there are no oral contracts or other oral agreements for services, supplies or
materials, affecting the use, operation, maintenance or management of the Property.
(x) 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 Property or any part thereof, and no
person other than Buyer shall have any right of possession to the Property or any part thereof as of
the Closing.
(xi) No person, excepting Seller, has possession or any rights to
possession of the 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 Seller 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 Seller 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 convey the 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) 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.
(ii) 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.
(iii) 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
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Packet Pg. 778 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
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 Representation Matter”), then the party who has
learned, discovered or become aware of such Buyer 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 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 Representation Matter and
Buyer shall have no obligation to Seller for such Buyer Representation Matter.
14. Indemnities.
(a) Indemnity re Property Condition and Entry by Buyer. Buyer agrees to
indemnify, protect, defend (with counsel satisfactory to Seller) and hold Seller and the Property free
and harmless from and against all costs, claims, losses, liabilities, damages, judgments, actions,
demands, attorneys’ fees or mechanics’ liens arising out of or resulting from (i) the Property
Condition or (ii) any entry or activities on the Property prior to or after the Closing Date by Buyer,
Buyer’s agents, contractors or subcontractors and the contractors and subcontractors of such agents.
The indemnity obligations of Buyer set forth in this Section 14(a) shall survive any termination of
this Agreement or the Close of Escrow.
(b) Indemnity re Brokers. Buyer assumes sole responsibility for any consultants
or brokers, and together with any other consultants, finders or brokers, “Buyer’s Agents” it may
have retained in connection with the purchase of the Property (and Seller shall have no
responsibility in connection with such matters). Buyer agrees to and does hereby indemnify and
hold 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 Buyer in connection with this Agreement.
15. General Provisions.
(a) 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, 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
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counsels is for information only, is not required for valid Notice and does not alone constitute
Notice hereunder.
(b) 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. The parties agree that due to the nature and purpose of this
transaction the only remedy available for default under this Agreement is specific performance.
(c) 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.
(d) Remedies. This Agreement may be enforced only by an action for specific
enforcement.
(e) 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. “Day” means a calendar
day unless otherwise expressly set forth.
(f) 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
electronic mail in “Portable Document Format” (PDF), or “Tagged Image File Format” (TIFF) shall
be deemed an original signature.
(g) 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.
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(h) Obligations to Third Parties. 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.
(i) 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.
(j) 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.
(k) Applicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
(l) Exhibits. The exhibits attached hereto are incorporated herein by this
reference for all purposes.
(m) 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 this
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.
(n) Assignment. Buyer may not assign its rights under this Agreement without
the prior written consent of Seller; which consent may be granted or denied in the sole discretion of
the Seller.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
ATTEST:
By:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
“SELLER”
CITY OF SAN BERNARDINO, a California
municipal corporation and charter city
By:
Teri Ledoux, Acting City Manager
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Packet Pg. 781 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
ATTEST:
By:
Secretary of the District
APPROVED AS TO FORM:
By:
General Counsel
“BUYER”
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT, a public entity corporate
and politic
By:
Dale Marsden, Superintendent
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Packet Pg. 782 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
Acceptance by Escrow Holder:
First American Title Insurance 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 California municipal corporation and charter city (“Seller”),
and San Bernardino City School District, a public entity, corporate and politic (“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: _____________, 2019
FIRST AMERICAN TITLE INSURANCE
COMPANY
By:
Name:
Its:
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Packet Pg. 783 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
EXHIBIT A
LEGAL DESCRIPTION
That certain real property located in the City of San Bernardino, County of San Bernardino, State of
California, more particularly described as follows:
A portion of Lots 7 and 8, Block 53, City of San Bernardino, in the City of San Bernardino, State of
California, as per plat recorded in Book 7 of Maps, Page 1 of records of said County.
Beginning at the Northeast corner of said Lot 8; thence South 00o 09” 14” East along the East line of
said Lot 8, a distance of 152.50 feet; thence South 89o 57’ 12” West, parallel with the North line of
said Lots 7 and 8, a distance of 200.00 feet; then North 00o 09’ 14” West, parallel with said East line,
152.50 feet to said North line; thence North 89o 57’ 12” East, 200.00 feet to the point of beginning.
The real property conveyed hereby as dedicated in perpetuity to the preservation and encouragement
of the fine arts for the Cultural Arts Community and shall be used for no purpose inconsistent with
this provision. In the event that the District, its successors or assigns should fail to abide by this
covenant, the City shall have the power at its option, to declare this condition violated, and, title may
revert to City.
Address: 780 N. E Street
APN: 0140-273-21
A-1
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EXHIBIT B
POSSESSION AND OCCUPANCY AGREEMENT
B-1
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EXHIBIT C
BASIC TERMS AND DEFINITIONS
Building, Soil, and Title
Contingency Date: Sixty (60) days after Opening of Escrow
Buyer: San Bernardino City Unified School District
Buyer’s Address: 956 W 9th Street
San Bernardino, CA 92411
Attention: Thomas Pace, Director of Facilities Planning and
Development
Tel.: (909) 388-6100
Email: tom.pace@sbcusd.k12.ca.us
Buyer’s Contingencies: Buyer’s Contingencies are defined in Section 6
City Manager: City Manager means the City Manager of the City of San Bernardino
Closing or Closing Date: Closing or Closing Date means the date on which the deed is
recorded, but not later than the Outside Date
Compensation Agreement: The Compensation Agreement is an HSC § 34180 (f) (1)
compensation agreement entered into with the taxing entities, defined
in HSC § 34171 (k), that are eligible to receive pass-through
payments and distributions of property taxes with respect to the
Property.
Consideration: District Covenants that survive Closing set forth in Recital E
Deed: A grant deed in the form of Exhibit D attached hereto
Effective Date: Effective Date is the date upon which both parties have signed the
Agreement
Escrow Holder: Commonwealth Land Title,
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
(direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another escrow holder mutually acceptable to Buyer and Seller)
Hazardous Materials: Hazardous Materials is defined in Section 5(a)
Indemnities: Indemnities are the obligations of Buyer to Seller set forth in
Sections 14(a) and 14(b) each of which survive Closing
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Natural Hazard Report: As identified in California Civil Code Sections 1102 and 1103
Notices: Notices are defined in Section 15(a)
Outside Date: Outside Date is the second anniversary of the Opening of Escrow
Possession and Occupancy
Agreement: That certain Possession and Occupancy Agreement entered into by
the parties as of the same date as this Purchase and Sale Agreement
authorizing the Buyer to take immediate possession of the Property.
Property: The fee interest in the Property to be conveyed by a grant deed as the
Property is described in Exhibit A attached hereto; the Property is
located at 780 N. “E” Street (which includes the Sturges Center for
the Fine Arts) San Bernardino, CA and identified as APN 0140-273-
21
Property Condition: Property Condition is defined in Section 5(b) of the Agreement
Seller: City of San Bernardino
Seller’s Address: 290 North D Street, Third Floor
San Bernardino, CA 92401
Attention: City Manager of the City of San Bernardino
Tel. (909) 384-5122
Email: Ledoux_Ti@sbcity.org
Seller Contingencies: Seller Contingencies are defined in Section 7
Tenant: None.
Termination Notice: Termination Notice is defined in Section 6(b)
Termination Notice Deadline: Termination Notice Deadline is defined in Section 6(b)
Title Company: First American Title Insurance Company
5 First American Way
Santa Ana, CA 92707
Tel: (____) _________
Attention: ___________, _________ Escrow Officer
(direct: (____) _________; email: _________
(or another title insurer mutually acceptable to Buyer and Seller)
C-2
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Packet Pg. 787 Attachment: CED.Transfer of Sturges to School District.PSA.Attachment 1 (6082 : Transfer the Sturges Center for the Fine Arts to the San
EXHIBIT D
GRANT DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
San Bernardino City School District
__________________
San Bernardino, CA 9_____
Attention: ______________________
APN: 0140-273-21 [Space above for recorder.]
This document is exempt from the payment of
Documentary Transfer Tax pursuant to Revenue and
Taxation Code § 11922 and a recording fee pursuant to
Government Code §§ 6103 and 27383.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City
of San Bernardino, a California municipal corporation and charter city (“Grantor”), hereby grants to
San Bernardino City Unified School District, a public entity corporate and politic (“Grantee”), that
certain real property located in the City of San Bernardino, 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.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2019.
CITY OF SAN BERNARDINO, a California
municipal corporation and charter city
By: NOT FOR SIGNATURE
Name: _________________
Its: __________________
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ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
That certain real property located in the City of San Bernardino, County of San Bernardino, State of
California, more particularly described as follows:
A portion of Lots 7 and 8, Block 53, City of San Bernardino, in the City of San Bernardino, State of
California, as per plat recorded in Book 7 of Maps, Page 1 of records of said County.
Beginning at the Northeast corner of said Lot 8; thence South 00o 09” 14” East along the East line of
said Lot 8, a distance of 152.50 feet; thence South 89o 57’ 12” West, parallel with the North line of
said Lots 7 and 8, a distance of 200.00 feet; then North 00o 09’ 14” West, parallel with said East line,
152.50 feet to said North line; thence North 89o 57’ 12” East, 200.00 feet to the point of beginning.
The real property conveyed hereby as dedicated in perpetuity to the preservation and encouragement
of the fine arts for the Cultural Arts Community and shall be used for no purpose inconsistent with
this provision. In the event that the Grantee, its successors or assigns should fail to abide by this
covenant, the Grantor shall have the power at its option, to declare this condition violated, and, title
may revert to Grantor.
Address: 780 N. E Street
APN: 0140-273-21
ATTACHMENT NO. 1 TO GRANT DEED TO EXHIBIT D D-2
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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
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EXHIBIT E
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform San Bernardino City School District, a public entity corporate and politic
(“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, a California municipal corporation and charter city (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.
CITY OF SAN BERNARDINO
By:
Name:
Its:
E-1
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POSSESSION AND OCCUPANCY AGREEMENT
THIS POSSESSION AND OCCUPANCY AGREEMENT (this “Agreement”) is made
and entered into as of the ____________________, 2019, by and between the CITY OF
SAN BERNARDINO, a municipal corporation and charter city that is duly organized and
existing under and by virtue of the laws of the State of California (the “City”) and the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public entity corporate and politic
(the “District”).
RECITALS
WHEREAS, the City and the District have concurrently herewith entered into a Purchase
and Sale Agreement and Joint Escrow Instructions (“PSA”) pursuant to which, subject to
contingencies, the City will convey the Property described in Exhibit A attached thereto and
incorporated herein by reference (the “Property”); and
WHEREAS, the Property includes the Sturges Center for the Fine Arts (the “Sturges
Center”); and
WHEREAS, the Property was designated by the State of California Office of Historic
Preservation as Historical Landmark No. P608 on January 14, 1987; and
WHEREAS, the City and the District desire that the District operate the Sturges Center
during the term of the PSA; and
WHEREAS, the City and the District each find and determine that entering into this
Agreement is in the public interest during interim the period until the Property is conveyed to the
District.
AGREEMENT
1. PREMISES POSSESSION AND OCCUPANCY. The City grants to the District
and the District accepts from the City the exclusive right to possess, occupy, and use the Property
and all appurtenances and equipment located at 780 North E. Street, San Bernardino, California,
as more particularly described on Exhibit A.
2. TERM. This Agreement's term (the “Term”) shall commence at such time that the
Opening of Escrow occurs under the PSA (the “Commencement Date”) and end on the earlier of:
(i) the recordation of a deed transferring the Property from the City to the District; or (ii) the
second anniversary of the Commencement Date.
3. CONSIDERATION. The City and the District agree that, during the Term, the
District shall possess and occupy the Property with no obligation to pay rent to the City, but shall
be obligated to fulfill the following covenants:
(i) to use and operate the Property for education related purposes;
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(ii) to preserve the historical integrity of the Sturges Center consistent with its
designation as a California Historical Landmark; and
(iii) to permit the City to use the Sturges Center for City-sponsored events up
to four (4) days per calendar year without cost to the City, subject to the
City providing security for such events, at its sole cost and expense.
4. UTILITIES. The District agrees to pay for all utilities and services at its sole cost
and expense.
5. MAINTENANCE. The District hereby covenants and agrees to maintain the
Property in substantially the same condition as on the Commencement Date, at its sole cost and
expense.
6. ASSIGNMENT; SUBLETTING. The City shall not assign or sublet all or any
part of the Property or assign or transfer the right to occupy the Property. Any assignment,
subletting or transfer of the Property by voluntary act of the District without the City’s prior
written consent shall be invalid and without force or effect.
7. INDEMNIFICATION.
A. The District agrees to indemnify, defend (with counsel reasonably
approved by the City) and hold harmless the City and its officers, employees, agents and
volunteers from any and all claims, actions, losses, damages, and/or liability resulting from the
District's negligent acts or omissions which arise from the District's performance of its
obligations under this Agreement. The District's indemnification obligation shall survive
termination of this Agreement. The insurance provisions in Paragraph 8, INSURANCE shall not
be interpreted in a manner that limits the indemnification obligation.
B. The City agrees to indemnify and hold harmless the District, its officers,
agents, volunteers from any and all claims, actions or losses, damages, and/or liability resulting
from the City's negligent acts or omissions which arise from the City’s performance of its
obligations under this Agreement.
C. In the event the District and/or the City is found to be comparatively at
fault for any claim, action, loss or damage which results from their respective obligations under
this Agreement, the District and/or the City shall indemnify the other to the extent of its
comparative fault.
8. INSURANCE. The District and the City are each a self-insured public entity for
purposes of general liability and workers' compensation. The District represents and warrants
that it maintains sufficient liability coverage to meet its obligations under this Agreement. The
City represents and warrants that it maintains sufficient liability coverage to meet its obligations
under this Agreement.
9. DAMAGE OR DESTRUCTION OF PREMISES. During the Term or any
extended term of this Agreement, if any casualty not caused by any act or omission of the
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District renders a portion of the Property unusable for the public purpose intended, then the
District shall, at the District's expense, restore the Property and repair any damages caused by
such casualty as soon as reasonably possible and this Agreement shall continue in full force and
effect. If the District does not commence the restoration of the Property in a substantial and
meaningful way within thirty (30) days following the District's receipt of written notice of the
casualty, or should the District fail to diligently pursue completion of the restoration of the
Property, or if the time required to restore the Property is estimated to exceed ninety (90) days,
the City may, at its option, terminate this Agreement immediately upon written notice to the
District. If the City elects to terminate this Agreement pursuant to this provision, the District
shall be discharged of all future obligations under this Agreement.
In the event there is a destruction of all or a portion of the Property and this Agreement is
not terminated because of such destruction, the District agrees to use any and all insurance
proceeds received for said destruction in the restoration of the Property.
10. NOTICES. 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 prepaid, first-class mail. 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. Notice shall be deemed
communicated two (2) District working days from the time of mailing if mailed as provided in
this paragraph.
City’s address:
290 North D Street, Third Floor
San Bernardino, CA 92401
Attention: City Manager
Tel. (909) 384-5122
Email: Ledoux_Ti@sbcity.org
District’s address:
956 W 9th Street
San Bernardino, CA 92411
Attention: Thomas Pace, Director of Facilities Planning and Development
Tel.: (909) 388-6100
Email: tom.pace@sbcusd.k12.ca.us
11. WAIVER. The waiver of any breach shall not be construed as a continuing waiver
of the same or any subsequent breach.
12. ATTORNEYS' FEES AND COSTS. If any legal action is instituted to enforce or
declare any party'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
-3-
27.c
Packet Pg. 794 Attachment: CED.Transfer of Sturges to School District.POA.Attachment 2 (6082 : Transfer the Sturges Center for the Fine Arts to the San
arising from any third-party legal action against the District or the City, as the case may be,
including such costs and attorneys' fees payable under Paragraph 7, INDEMNIFICATION.
13. AMENDMENT. No waiver, modification or amendment of any term, condition
or provision of this Agreement shall be valid or shall have any force or effect unless made in
writing and signed by all of the parties hereto.
14. NO RELIANCE. In entering into this Agreement, each of the parties
acknowledges, represents and warrants that it has not relied upon any promise, statement or
representation, express or implied, of any other party or such other party's agents, employees, or
attorneys, not contained in this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date first above written.
ATTEST:
By:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
“CITY”
CITY OF SAN BERNARDINO, a
California municipal corporation and
charter city
By:
Teri Ledoux, Acting City Manager
-4-
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Packet Pg. 795 Attachment: CED.Transfer of Sturges to School District.POA.Attachment 2 (6082 : Transfer the Sturges Center for the Fine Arts to the San
ATTEST:
By:
Secretary of the District
APPROVED AS TO FORM:
By:
General Counsel
“DISTRICT”
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT, a public entity
corporate and politic
By:
Dale Marsden, Superintendent
-5-
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Packet Pg. 796 Attachment: CED.Transfer of Sturges to School District.POA.Attachment 2 (6082 : Transfer the Sturges Center for the Fine Arts to the San
EXHIBIT A
PROPERTY DESCRIPTION
That certain real property located in the City of San Bernardino, County of San Bernardino, State
of California, more particularly described as follows:
A portion of Lots 7 and 8, Block 53, City of San Bernardino, in the City of San Bernardino, State
of California, as per plat recorded in Book 7 of Maps, Page 1 of records of said County.
Beginning at the Northeast corner of said Lot 8; thence South 00o 09” 14” East along the East
line of said Lot 8, a distance of 152.50 feet; thence South 89o 57’ 12” West, parallel with the
North line of said Lots 7 and 8, a distance of 200.00 feet; then North 00o 09’ 14” West, parallel
with said East line, 152.50 feet to said North line; thence North 89o 57’ 12” East, 200.00 feet to
the point of beginning.
The real property conveyed hereby as dedicated in perpetuity to the preservation and
encouragement of the fine arts for the Cultural Arts Community and shall be used for no purpose
inconsistent with this provision. In the event that the District, its successors or assigns should
fail to abide by this covenant, the City shall have the power at its option, to declare this condition
violated, and, title may revert to City.
Address: 780 N. E Street
APN: 0140-273-21
A-1
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Packet Pg. 797 Attachment: CED.Transfer of Sturges to School District.POA.Attachment 2 (6082 : Transfer the Sturges Center for the Fine Arts to the San
COMPENSATION AGREEMENT
(562 West 4th Street, San Bernardino -- APNs 0134-131-10, -30)
and
(780 North “E” Street, San Bernardino, California (APN 0140-273-21)
THIS COMPENSATION AGREEMENT (this “Agreement”) is made and entered into,
effective as of the date defined herein (the "Effective Date"), by and among the City of San
Bernardino, a California municipal corporation and charter city (the "City"), and the affected taxing
entities as defined in California Health and Safety Code (“HSC”) § 34171 (k) (the “Taxing Entities”)
and as more particularly described herein. The City and the Taxing Entities are collectively referred
to herein as "Parties" or individually referred to as a "Party."
RECITALS
A. Pursuant to HSC § 34172 (a) (1), the Redevelopment Agency of the City of San
Bernardino was dissolved on February 1, 2012; and
B. 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 (the “Successor Agency”);
and
C. Pursuant to HSC § 34179, the Successor Agency previously established the “San
Bernardino Oversight Board” to assist in the wind-down of the former Redevelopment Agency of the
City of San Bernardino through June 30, 2018, at which time it was dissolved by operation of law;
and
D. On September 15, 2015, the Successor Agency submitted its San Bernardino
Oversight Board-approved Long-Range Property Management Plan (the “LRPMP”) to the
California Department of Finance (the “DOF”); and
E. 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
F. 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
were designated as future development sites and twenty-one (21) of which were designated to be
sold; and
G. Per the DOF’s letter of May 17, 2016, on August 1, 2016, the Mayor and City
Council adopted Resolution No. 2016-165, which authorized the transfer from the 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
1
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Packet Pg. 798 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
H. Consistent with the foregoing, the Successor Agency transferred the seven (7) sites
identified with the LRPMP as future development sites 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 such real property sites to third-parties; and
I. Consistent with the foregoing, the City is the owner of record as to those certain real
property sites that together consist of approximately 1.27 acres of developed land located at: i) 562 West
4th Street San Bernardino, California (APNs 0134-131-10, -30, consisting of approximately 33,742 SF
and commonly known as the California Theatre of the Performing Arts [the “California Theatre”]); and
ii) 780 North “E” Street, San Bernardino, California (APN 0140-273-21, consisting of approximately
21,484 SF and commonly known as the Sturges Center for the Fine Arts [the “Sturges Center”])
(collectively, the “Properties”); and
J. Within the LRPMP, the Properties are: i) designated for future development; ii)
identified as a portion of Site No. 21 (i.e., also known as the Theater Square site); iii) the California
Theatre Property is a performing arts facility constructed during 1928, is listed on the National Register
of Historic Places (No. 09001116) and is zoned “CR-2 Regional Downtown”; iv) the Sturges Center
Property is a performing and cultural arts facility constructed during 1925, is listed as a California
Historical Resource (No. P608) and is zoned “PF-Public Facility”; and v) more fully described within
Exhibit "A" attached hereto, which is an excerpt from the LRPMP; and
K. Notwithstanding that the Properties are included within the LRPMP as a component part
of LRPMP Site No. 21, a site designated for future development purposes, the City and the San
Bernardino City Unified School District (the “SBCUSD”) have determined their intent to retain the
California Theatre and the Sturges Center for governmental use to provide for their continued use for
public performing and cultural arts purposes, respectively, subject to receiving the Properties at no cost;
and
L. The purpose of this Agreement is to formalize the consent of the Taxing Entities with
respect to the City’s i) retention of the California Theatre; and ii) conveyance of the Sturges Center to
the SBCUSD for governmental use without compensation to the Taxing Entities; and
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises
contained in this Agreement, the Parties agree as follows:
AGREEMENT
1. Incorporation of Recitals: The foregoing recitals are true and correct and are a
substantive part of this Agreement.
2. Purpose: This Agreement is an HSC § 34180 (f) (1) compensation agreement
entered into with the Taxing Entities, defined in HSC § 34171 (k), that receive pass-through
payments and distributions of property taxes with respect to the former Redevelopment Agency of
the City of San Bernardino’s project areas.
3. Taxing Entities: Other than the City, the Taxing Entities entitled to a share of the
pass-through payments and distributions of property taxes with respect to the Former RDA’s
redevelopment project areas are as follows:
2
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Packet Pg. 799 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
Agency/Account No. Taxing Entity Agency Name FY 18-19 %of Share
a. AB01-GA01 County General Fund 0.14708861
b. AB02-GA01 Education Revenue Augmentation Fund 0.22272977
c. BF02-GA01 Flood Control Zone 2 0.01961861
d. BF03-GA01 Flood Control Zone 3 0.00642901
e. BF07-GA01 Flood Control Admin 1 & 2 0.00138137
f. BF08-GA01 Flood Control Admin 3-6 0.00022244
g. BL01-GA01 County Free Library 0.00000000
h. BS01-GA01 San Bdno Cnty Superintendent of Schools 0.00504815
i. BS01-GA02 San Bdno Cnty Superintendent of Schools 0.00061958
j. BS01-GA03 San Bdno Cnty Superintendent of Schools 0.00058181
k. BS01-GA04 San Bdno Cnty Superintendent of Schools 0.00001304
l. BS01-GA05 San Bdno Cnty Superintendent of Schools 0.00015449
m. CC30-GA011 City of San Bernardino 0.17147084
n. SC54-GA01 San Bernardino Community College 0.05175676
o. SU20-GA01 Colton Joint Unified School District 0.04816441
p. SU48-GA01 Redlands Unified School District 0.03927267
q. SU50-GA01 Rialto Unified School District 0.00264885
r. SU54-GA01 San Bernardino City Unified Sch District 0.25428488
s. UF01-GA011 San Bernardino County Fire Protect District 0.00000000
t. UF01-GA05 1 San Bernardino County Fire Protect District 0.00000000
u. WR01-GL01 Riverside Corona RCD 0.00006699
v. WR04-GL01 Inland Empire Joint Resource Cons District 0.00133849
w. WT01-GL01 San Bernardino Valley Water Cons District 0.00047058
x. WU23-GA01 San Bernardino Valley Municipal Water 0.02663865
4. Approval of Retention/Conveyance and Compensation: Pursuant to the approved
LRPMP, the City’s i) retention of the California Theatre; and ii) conveyance of the Sturges Center to the
SBCUSD for governmental use without compensation to the Taxing Entities is approved by the Parties.
5. Effective Date: This Agreement shall be effective on the date that the last Taxing
Entity executes this Agreement (the “Effective Date”). Subsequent to the Effective Date, the City’s:
i) retention of the California Theatre; and ii) conveyance of the Sturges Center to the SBCUSD shall be
authorized.
6. Ambiguities: Any rule of construction to the effect that ambiguities are to be
resolved against the drafting Party does not apply in interpreting this Agreement.
7. Integration: This instrument constitutes the entire agreement between the Parties
with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral or
written.
8. Amendments: This Agreement may be modified only in writing and only if
approved and executed by the Parties.
1 As reported by the San Bernardino County ATC, the City of San Bernardino fire annexation/terms were recently amended. The
VLF Swap Supplemental Agreement and the proceeds of the asset liquidations will continue to flow to the City of San
Bernardino; therefore, the percentages shown for UF01 (SBCFPD: 0.16118260 and 0.01028825) will go to CC30-GA01 (City) as
indicated.
3
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Packet Pg. 800 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
9. Governing Law: This Agreement shall be construed and interpreted according to the
laws of the State of California.
10. Non-liability of Officials and Employees of Parties: No member, official, or
employee of any Party shall be personally liable to any other Party, or any successor in interest, in
the event of any default or breach of this Agreement or for any amount which may become due
hereunder, or on any obligation under the terms of this Agreement.
11. Successors and Assigns: All the terms, provisions and conditions of the Agreement
shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns
and legal representatives.
12. No Third-Party Beneficiaries: No person or entity other than the Taxing Entities,
and the permitted successors and assigns of each of them, shall be authorized to enforce the
provisions of this Agreement.
13. Severability: In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Agreement, but this
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had not been
contained herein.
14. No Waiver: No waiver of any term or condition of this Agreement will be a
continuing waiver.
15. Counterparts: This Agreement may be executed in one or more counterparts, each
of which will be considered an original, but all of which together will constitute one and the same
instrument. Once the Agreement has been fully executed, City shall provide the Taxing Entities with
a copy.
16. Entire Agreement: This Agreement contains the entire agreement between the
Parties respecting the matters set forth herein and supersedes all prior agreements between the Parties
respecting such matters.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly
authorized representatives and as of the dates indicated below.
CITY OF SAN BERNARDINO, a municipal corporation and charter city
By:
Teri Ledoux, Acting City Manager
Date:
4
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Packet Pg. 801 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
ATTEST:
By:
Georgeann Hanna, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
5
27.d
Packet Pg. 802 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES
ATTEST:
By:
Secretary of the District
APPROVED AS TO FORM:
By:
General Counsel
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT, a public entity corporate
and politic
By:
Dale Marsden, Superintendent
Date:
6
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Packet Pg. 803 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
SAN BERNARDINO COUNTY,
A political subdivision of the State of
California
Date: By:
Curt Hagman, Chairman
Board of Supervisors
SAN BERNARDINO COUNTY
(Educational Revenue Augmentation Fund,
ERAF)
By:
Date:
SAN BERNARDINO COUNTY LIBRARY
By:
Date:
SAN BERNARDINO COUNTY FIRE
DEPARTMENT
By:
Fire Chief
Date:
7
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Packet Pg. 804 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
SAN BERNARDINO COUNTY FLOOD
CONTROL
By:
Curt Hagman, Chairman
Board of Directors
Date:
APPROVED AS TO FORM:
MICHELLE D. BLAKEMORE
County Counsel
By:
Deputy County Counsel
8
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Packet Pg. 805 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
SAN BERNARDINO COUNTY
SUPERINTENDENT OF
SCHOOLS
By:
Ted Alejandre, Ed.D.
Superintendent
Date:
9
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Packet Pg. 806 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
INLAND EMPIRE RESOURCE
CONSERVATION DISTRICT
By:
Chairperson
Date:
10
27.d
Packet Pg. 807 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
RIVERSIDE-CORONA RESOURCE
CONSERVATION DISTRICT
A public agency
By:
Alfred Bonnett
President
Date:
11
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Packet Pg. 808 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT
Date: By:
President
By:
General Manager
ATTEST:
_________________________,
By:
Secretary
APPROVED AS TO FORM
AND EXECUTION:
Counsel
By:
12
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Packet Pg. 809 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
SAN BERNARDINO VALLEY
WATER CONSERVATION DISTRICT
By:
President, Board of Directors
Date:
13
27.d
Packet Pg. 810 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT
By:
Bruce R. Baron
Chancellor
Date:
14
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Packet Pg. 811 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
COLTON JOINT UNIFIED
SCHOOL DISTRICT
By:
Jerry Almendarez
Superintendent
Date:
15
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Packet Pg. 812 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
REDLANDS UNIFIED SCHOOL
DISTRICT
By:
Mauricio Arellano
Superintendent
Date:
16
27.d
Packet Pg. 813 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
TAXING ENTITIES (Continued)
RIALTO UNIFIED SCHOOL
DISTRICT
By:
Dr. Cuauhtémoc Avila
Superintendent
Date:
17
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Packet Pg. 814 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
EXHIBIT “A”
Narrative for Site No. 21
Portions of Theater Square
562 West 4th Street, San Bernardino, California (APNs 0134-131-10, -30)
and
780 North “E” Street, San Bernardino, California (APN 0140-273-21)
Excerpted from the
Long-Range Property Management Plan
(Pages 97-106)
(See Attachment)
18
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Packet Pg. 815 Attachment: CED.Transfer of Sturges to School District.Comp Agmt.Attachment 3 (6082 : Transfer the Sturges Center for the Fine Arts to the
28.a
Packet Pg. 816 Attachment: PW.40th St Undergrounding.000REPORT (6083 : Modification of Underground Utility District No. 20 Along 40Th Street Between
agency is allocated a certain amount of funds based upon the total number of overhead
services within the agency's boundaries.
SCE has advised the City by letter dated September 21, 2018, that sufficient funds are
available in the City’s Rule 20A account to fully fund the undergrounding of overhead
lines along 40th Street between Johnson Street and Electric Avenue.
SCE has also advised the City that Resolution No. 1991-096 does not meet current
requirements to allow them to proceed with undergrounding overhead lines through said
reach.
SCE has indicated that the City must approve a conforming Resolution in order to
qualify for Rule 20A monies.
Chapter 13.36 requires a public hearing be called to ascertain whether the public
necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structure within designated areas of the City and the underground
installation of wires and facilities for supplying electric, communication, or similar or
associated service.
Environmental clearance and Plans Specifications and Estimate (PS&E) have been
completed for the widening of 40th Street from Johnson Street to Electric Avenue. The
City is currently in the right-of-way acquisition phase of the project which is expected to
require about one year to complete. SCE and the other utilities on the poles can
proceed with the design of the undergrounding while right-of-way acquisition is in
progress; however, they will not be able to proceed with undergrounding until all right-
of-way is acquired. Construction of the widening project is expected to begin in late
2020.
2018-19 Goals and Objectives
This project is consistent with Goal No 4: Ensure Development of a Well-Planned
Balanced and Sustainable City and will assist to contribute to well-maintained public
buildings for sustained economic growth.
Fiscal Impact
No fiscal impact to the City
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing regarding the modification of Underground Utility
District No. 20 along 40th Street between Kendall Drive and Palm Drive; and
2. Adopt Resolution No. 2019-61 of the Mayor and City Council of the City of San
Bernardino, California, approving the modification of Underground Utility District
No. 20 along 40th Street between Kendall Drive and Palm Drive.
4/25/2019 3:58 PM
28.a
Packet Pg. 817 Attachment: PW.40th St Undergrounding.000REPORT (6083 : Modification of Underground Utility District No. 20 Along 40Th Street Between
Attachments
Attachment 1 Resolution 2019-61
Attachment 2 Location Map
Ward: 4
Synopsis of Previous Council Actions:
On March 18, 1991, the Mayor and City Council adopted Resolution No. 1991-096,
creating Underground Utility District No. 20, along 40th Street between Kendall Drive and
Palm Drive.
On March 20, 2019, the Mayor and City Council adopted Resolution No. 2019-46 noticing
a public hearing relative to the modification of Underground Utility District No. 20 along
40th Street between Kendall Drive and Palm Drive for the meeting of May 1, 2019.
4/25/2019 3:58 PM
28.a
Packet Pg. 818 Attachment: PW.40th St Undergrounding.000REPORT (6083 : Modification of Underground Utility District No. 20 Along 40Th Street Between
Resolution No. 2019-61
RESOLUTION NO. 2019-61
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE MODIFICATION OF UNDERGROUND
UTILITY DISTRICT NO. 20 ALONG 40TH STREET
BETWEEN KENDALL DRIVE AND PALM DRIVE
WHEREAS, on March 18, 1991, the Mayor and City Council adopted Resolution No.
1991-096 creating Underground Utility District No. 20, along 40th Street between Kendall
Drive and Palm Drive; and
WHEREAS, on March 20, 2019, the City Council adopted Resolution No. 2019-46
initiating proceedings to modify Underground Utility District No. 20, under the terms of
Chapter 13.36 of the City's Municipal Code which provides for the establishment of
underground utility districts to provide for the orderly removal of existing poles, overhead
wires and associated overhead structures and equipment for supplying electric,
communication, community antenna television and similar associated services within the area
described in Exhibits "A", attached hereto, and the construction of new underground
facilities; and
WHEREAS, the City Clerk gave notice of the time and place of the hearing to all
affected utilities and property owners within the proposed Underground Utility District in the
time and manner prescribed under Chapter 13.36 of the City's Municipal Code; and
WHEREAS, a public hearing was held on May 1, 2019, at the City Council
Chambers, located at located at 201 North “E” Street, 3rd Floor, San Bernardino, California, to
determine whether or not the public necessity, health, safety and welfare requires that the City
should continue with the proceedings to modify and implement an underground utility
district for the conversion of overhead facilities to underground facilities, and the City
Council received and heard oral and written views of persons interested in the formation of
said district.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The City Clerk gave notice of the time and place of the hearing to all
affected utilities and property owners within the proposed modified Underground Utility
District No. 20 as shown on the last equalized assessment roll or as known to the City
Clerk in the time and manner prescribed under Chapter 13.36 of the City's Municipal Code.
SECTION 2. The public necessity, health, safety and welfare require formation of an
underground utility district for the removal of poles, overhead wires and associated overhead
structures within the area described as below and depicted in Exhibit "A".
28.b
Packet Pg. 819 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
Resolution No. 2019-61
SECTION 3. The undergrounding of utilities within the area described in Exhibit
"A” is in the general public interest for the following reasons:
a) Undergrounding will avoid or eliminate an unusually heavy concentration of
overhead distribution facilities;
b) The street or road right-of-way is extensively used by the general public and
carries a heavy volume of pedestrians or vehicular traffic;
c) 40th Street is considered a Major Arterial, as identified in the circulation element
of the City's General Plan.
SECTION 4. Underground Utility District No. 20 is hereby declared and depicted in
Exhibit "A", attached to this Resolution and incorporated herein by this reference, said
District being described as “150’ east of centerline of Electric Avenue, proceeding west on
40th St. to the width of the new right-of-way, to 100’ west of centerline of Johnson St. Poles
identified and included for removal are referenced in City of San Bernardino Demo Plan, sent
to SCE on May 30, 2018”.
SECTION 5. The City Council hereby orders the removal of all existing poles,
overhead wires and associated overhead facilities within Underground Utility District No. 20
for supplying electric, communication, community television antenna and associated services
within said District. The City Council orders installed underground all facilities as that term is
defined under Chapter 13.36 of the City's Municipal Code which are located within
Underground Utility District No. 20.
SECTION 6. All affected utilities are hereby authorized to discontinue overhead
service in Underground Utility District No. 20, subject to the provision of underground
service as specified in this Resolution.
SECTION 7. Pursuant to Southern California Edison's Rule 20 Tariff, Rule 20A
funds will be used for the installation of no more than 100 feet of each costumer's
underground electric service lateral on private property, as well as the conversion of affected
property owners meter panels from overhead to underground service. The cost of such meter
conversions using Rule 20A funds shall be limited to existing meters, and shall not include
permit fees and any upgrades requested by affected owners. Each affected
telecommunications provider will also provide the necessary underground facilities on private
property including underground service laterals and associated wiring and connections.
SECTION 8. Property owners shall grant each utility the necessary easements or
land rights when it is necessary by the utilities to place their facilities on private property to
complete the occasioned undergrounding.
SECTION 9. The work of removal of all existing poles, overhead wires and
associated overhead facilities and the installation of underground facilities must be completed
by each utility within Underground Utility District No. 20 not later than July 2022. Reference
is made to Chapter 13.36 of the City's Municipal Code for allocation of the responsibility
between each utility.
28.b
Packet Pg. 820 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
Resolution No. 2019-61
SECTION 10. That the City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty, as in this case, that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
SECTION 13. The City Clerk is hereby directed to mail a copy of this Resolution and
a copy of Chapter 13.36 of the San Bernardino Municipal Code to all affected property
owners as shown on the last equalized assessment roll and to all affected utilities within ten
(10) days after the adoption of this Resolution.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this ___ day of __________, 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, MMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
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Packet Pg. 821 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
Resolution No. 2019-61
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
VACANT _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2019.
______________________________
Georgeann Hanna, MMC, City Clerk
28.b
Packet Pg. 822 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
Resolution No. 2019-61
EXHIBIT"A" (1 of 2)
MAP OF UNDERGROUND UTILITY DISTRICT NO. 20
AS MODIFIED
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Packet Pg. 823 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
Resolution No. 2019-61
EXHIBIT “A” (Continued)
Underground Utility District No. 20 as Modified is described as follows:
150’ east of centerline of Electric Avenue, proceeding west on 40th St. to the width of the new
right-of-way, to 100’ west of centerline of Johnson St. Poles identified and included for removal
are referenced in City of San Bernardino Demo Plan, sent to SCE on May 30, 2018.
28.b
Packet Pg. 824 Attachment: PW.40th St Undergrounding.001-Attachment 1-RESOLUTION (6083 : Modification of Underground Utility District No. 20 Along
28.c
Packet Pg. 825 Attachment: PW.40th St Undergrounding.Public Hearing.002-Attachment 2.Location MAP_ (6083 : Modification of Underground Utility District
29.a
Packet Pg. 826 Attachment: CED.HUD Annual Action Plan PY19-20. REPORT (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
HOME: The objectives of the program are:
1. To strengthen the ability of state and local governments to design and implement
strategies for achieving adequate supplies of decent, affordable housing;
2. To provide assistance to participating jurisdictions for development of affordable
housing; and
3. To strengthen partnerships among all levels of government and the private
sector.
ESG: The program provides funding for the:
1. Engagement of individuals and families living on the streets;
2. Improvement of homeless shelters and operation of shelters; or
3. Rapid re-housing of homeless persons and homeless prevention.
In order to continue receiving an allocation under CDBG, HOME and ESG, the City is
required to submit an Annual Action Plan to the United States Department of Housing
and Urban Development (HUD). The Action Plan serves as the City’s grant application
for the grant programs. The City of San Bernardino’s draft Fiscal Year 2019/20 Annual
Action Plan recommends projects that best meet identified community needs eligible
under CDBG, HOME and ESG programs.
Discussion
The draft Action Plan covers the fifth year segment of the HUD-approved five year
Consolidated Plan for the City of San Bernardino.
A summary of the recommended activities and funding levels is noted below:
RECOMMENDED ACTIVITIES BY CATEGORY
Category Program Category
Totals CDBG HOME ESG
2019 Grant Fund Allocation $ 3,366,410 $1,279,762 $286,534 $ 4,932,706
Program Income $ 226,872 $ 226,872
Administration (maximum available) $ 673,282 $ 127,976 $ 21,490 $ 822,748
SF Owner Occupied Rehabilitation $ $ 450,000 $ 450,000
Affordable Housing (Ownership Projects)
TBD
$ 701,786 $ 701,786
Arrowhead Grove – Phase 2 & 31 $ 180,000 $ 180,000
Section 108 Repayment $ 706,868 $ 706,868
Micro-Enterprise $ 23,755 $ 23,755
Fair Housing2 $ 66,000 $ 66,000
Public Facilities $ 1,943,377 $ 1,943,377
Homeless Services $265,044 $ 265,044
Program Totals $ 3,593,282 $1,279,762 $286,534 $ 4,932,706
1Under Resolution No. 2018-6, the City committed to pledge $179,723 of CDBG funds to this project. 2Required for all jurisdictions
receiving CDBG funds.
CDBG Ad Hoc Committee
On March 26, 2019, the City Council’s Ad Hoc Committee on CDBG met to discuss the
programming on this year’s grant funding. Subsequent to reviewing the draft
programming budget, the Committee recommended that staff consider a number of
changes to the project list. Specifically, instead of funding the replacement of
4/25/2019 12:26 PM
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Packet Pg. 827 Attachment: CED.HUD Annual Action Plan PY19-20. REPORT (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
playground equipment in five parks, it was recommended that a number of community
centers be added in various parks since they are also in need of repairs.
Subsequent to the Ad Hoc Committee’s direction, Housing staff has had an opportunity
to discuss the recommendations with the Director of Parks, Recreation and Community
Services and the Deputy Director of Public Works. Although they agree that community
centers in various City parks need attention, the scope of work necessary to rehabilitate
these facilities is more than the CDBG funding’s available. Moreover, there is currently
a project approved for the Community Center at Hernandez Park that includes a new
HVAC unit and new roof. As such, staff would recommend that the City Council
approve the funding to replace playground equipment at five City Parks and provide
direction to staff to evaluate the community centers in City parks for next year CDBG
funding.
Public Facility Projects consist of six (6) parks (see Exhibit B), which will be funded in
FY 2019/20, per the City Council’s action taken regarding the priority of the playground
equipment, per the five (5) year Capital Improvement Project (CIP) that includes the
projects in subsequent years.
2019-20 Goals and Objectives
The draft Annual Action Plan meets the Goal No. 2: Provide for the Safety of City
Residents and Businesses; Goal No. 3: Create, Maintain and Grow Jobs and Economic
Value in the City; Goal No. 4: Ensure Development of a Well-Planned, Balanced, and
Sustainable City; Goal No. 7: Pursue City Goals and Objectives by Working with Other
Agencies. Approval of the draft Action Plan will allow the City to continue to fund
programs that preserve and improve the quality of the housing stock, promote
homeownership, assist in small business start-up and expansion, fund infrastructure
projects, and maintain a working relationship with the federal government.
Fiscal Impact
Approval of the draft FY 2019/20 Annual Action Plan will not impact the General
Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Conduct a public hearing on the draft Fiscal Year 2019/20 Annual Action Plan
associated with the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), and Emergency Solutions Grant (ESG)
programs and related grant funding; and
2. Adopt the draft Fiscal Year 2019/20 Annual Action Plan as an application for
funding under Community Development Block Grant (CDBG), Home
Investment Partnerships (HOME), and Emergency Solutions Grant (ESG)
programs and authorize the City Manager or designee to take any further
actions and execute any further documents as are necessary to effectuate the
submittal of the Draft HUD Fiscal Year 2019/20 Annual Action Plan and
certification to HUD.
4/25/2019 12:26 PM
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Packet Pg. 828 Attachment: CED.HUD Annual Action Plan PY19-20. REPORT (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
Attachments
Attachment 1 Exhibit A - City of San Bernardino draft FY 2019-2020 Action Plan;
Exhibit B - Fiscal Year 2019-2020 draft Action Plan Activity
Recommendations;
Exhibit C – Power Point Presentation
Ward:
Synopsis of Previous Council Actions: N/A
4/25/2019 12:26 PM
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Packet Pg. 829 Attachment: CED.HUD Annual Action Plan PY19-20. REPORT (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of San Bernardino (City) must prepare and submit to the Department of Housing and Urban
Development (HUD) an Annual Action Plan that details the proposed uses of federal grants the City
receives. The City is an entitlement community and receives the following federal grants:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)
The Action Plan serves as the City’s annual application to HUD and is a requirement for a receipt of
yearly allocations of the grants noted above. To receive these funds, the City undertakes a planning
process known as the Consolidated Plan cycle. This process is documented by three reports: 1) a Five-
Year Consolidated Plan; 2) five annual one-year Action Plans, and 3) five annual Consolidated Annual
Performance and Evaluation Reports (CAPERs).
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The City of San Bernardino has a range of housing and community development needs. The City's
objective is to use its grant funds to coordinate programs, services, and projects with the anticipated
outcome of creating a decent and suitable living environment to benefit low- and moderate-income
households and those with special needs. Priorities for the FY 2015-2020 CONSOLIDATED PLAN
established in consultation with residents and community groups are noted.
Priority Objectives/Goals
1. Preserve and extend the useful life of existing housing stock through repair and rehabilitation
loans to low and moderate income households.
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
2. Fund activities that will improve neighborhood conditions through code enforcement,
demolition and clearance to ensure neighborhoods are safe for residents and moving toward
revitalization.
3. To expand homeownership opportunities: Fund construction of for-sale new single family
housing for first time homebuyers, on infill lots; provide down-payment assistance to first time
homebuyers.
4. To assist homeless and special needs population: Fund social service organizations to assist
homeless person through the provision of homeless prevention, emergency shelter, outreach,
supportive services and placement in permanent supportive housing.
5. To promote economic development and employment opportunities: Fund education and
training for business owners to launch and retain successful small business and improve
business viability.
6. To improve and expand existing community facilities: Fund city-wide public facility
improvements that benefit low and moderate income households to include public libraries,
parks, community swimming pools, lighting, sidewalks, and replacement of unsafe park
playgrounds.
7. To eliminate impediments to fair housing: Fund fair housing activities to include fair housing
enforcement, landlord/tenant mediation and education.
8. Planning and administration: Funding for planning and administration of CDBG, HOME and ESG.
9. To preserve existing affordable rental housing: Continue monitoring of assisted rental
developments to ensure units remain affordable and habitable.
To expand affordable housing inventory through new construction: Continue to fund the infill housing
program that will build new homes on infill lots.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
Improve Neighborhood Conditions - Demolition Program: Funding for this project has been eliminated
due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive
years. The funds from this project have been reprogrammed to fund the gap created by the reduction in
the City’s 2018-2019 allocation.
Improve Facilities and Infrastructure – Public Facilities Projects: Funding for this project is proposed to
be increased by $195,000. The funds will allow the City to free up parkland monies. Parkland
monies can be used for parks that do not qualify for CDBG funding. Street/sidewalk improvement which
Annual Action Plan
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
was funded with FY 17-18 CDBG funds will be increased by $150,000 to address increased costs for
removal of concrete underlying the asphalt street surfaces.
Fair Housing: The Inland Fair Housing Mediation Board will have provided landlord-tenant counseling
and other fair housing services to an approximate total of 3,300 residents during FY 2018-2019.
Supportive Services: The ESG amount for prior year funds has been reduced to $50,390, which
reflects a reduction in actual fund carryover from prior years versus the estimated amount in the current
Action Plan. All projects were funded as originally recommended and both Family Services Association
and Community Action Partnership received increased amounts in order to fully utilize all ESG
carryover.
Val 9: This project resulted in 76 affordable rental housing units, including one on-site manager unit and
was the first phase in the redevelopment efforts of the Waterman Gardens public housing project.
Golden Apartments: Acqusition and rehabilitation of an existing apartment complex. By December,
2018, 17 new permanent supportive housing units for homeless persons will have been added to the
housing stock as 21 units at the Golden Apartments will be rehabilitated to 38 units.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
To solicit public input during the development of the Consolidated Plan, the City conducted two
community workshops, distributed a Housing and Community Development Needs Survey to city
residents, mailed flyers to agencies that provide support services to city residents, posted the draft
Consolidated Plan on the City's website, and made the Consolidated Plan available at various locations
within the City and held five public hearings/meeting before the City Council.
For the 2019 program year Action Plan:
City Staff met with the CDBG Ad Hoc Committee to make its funding recommendations.
• Published a public notice (in English and Spanish) in the San Bernardino Sun, and El Chicano
announcing the public hearing meeting
• Made available a copy of the Draft PY 2019-2020 Annual Action Plan at the Community
Development public counter, the City website and Norman F. Feldheym Public Library for public
review.
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
• Held a 15-day public comment period for the Draft FY 2019-2020 Annual Action Plan for the
period of April 17, 2019 through May 1, 2019.
• Held a public hearing to approve and submit the Draft PY 2019-2020 Annual Action Plan to HUD
on May 1, 2019.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
A public comment period for the Draft PY 2019-2020 Annual Action Plan was held from April 17, 2019
through May 1, 2019. The City of San Bernardino did not receive public comments on the Annual Action
Plan.
6. Summary of comments or views not accepted and the reasons for not accepting them
There were no comments received by the City of San Bernardino.
7. Summary
The City has undertaken diligent and good faith efforts to reach all segments of the community that may
benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
Lead Agency SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department
ESG Administrator SAN BERNARDINO Community and Economic Development Department
HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The Community and Economic Development Department (formerly known as the Economic & Housing Development Department) plans,
administers, implements and monitors projects funded through the City’s formula entitlement funds from HUD. As a recipient of these funds,
the City’s Community and Economic Development Department is tasked with the responsibility of developing and carrying out the goals and
objectives noted in the Consolidated Plan. The City uses these and other funds to provide decent housing, create a suitable living environment,
and expand economic opportunities throughout the City.
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
The Community and Economic Development Department works closely with other City departments, the City Manager's Office, the City Council,
and City commissions in establishing and carrying out goals that will preserve the quality of life in San Bernardino.
Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic
Development Department, 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270.
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City views the Consolidated Plan as an opportunity to engage the community in the CDBG, ESG, and
HOME investment process. It urges citizens to voice their concerns and share their ideas concerning
community development, affordable housing, and homelessness. It encourages all residents, especially
those living in low- and moderate-income neighborhoods, to participate in the planning process.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l))
• The City has been working in a partnership with the Housing Authority of the County of San
Bernardino (HACSB) and County Community Development Agency to redevelop 251 units of public
housing at the former Waterman Gardens public housing project.
• The City is also working in a partnership with National CORE, an Inland Empire CHDO in the
redevelopment of Waterman Gardens. The City has been coordinating and working in partnership with
HACSB and Housing Partners I, a San Bernardino County CHDO, in the acquisition and rehabilitation of a
21-unit apartment complex into 38 permanent supportive housing units for homeless persons.
• The City provides funding for, and coordinates with, two non-profit housing providers (NPHS and
NHSIE) for the provision of homeowner housing assistance, through single family rehabilitation.
• Housing Partners I and NPHS are also providing new infill ownership housing, with funds provided by
the City, to increase homeownership among households at and below 80% of Area Median Income and
to utilize vacant lots throughout the city.
• Through the Quality of Life Committee, the City coordinates with the County Department of
Behavioral Health in and ongoing exchange of information and resources available to persons who are
experiencing homelessness and mental health crises.
• The City also coordinates a senior nutrition program and various senior outreach services with the
County Office of Aging and Adult Services.
• The City has also been working on investment strategies for housing and health with Dignity Health.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
As homelessness has no boundaries, the most efficient way to address the needs of the homeless
(especially chronically homeless populations), is regionally. There are three entities that work
collaboratively to address homelessness throughout San Bernardino County. They are: 1) the
Interagency Council on Homelessness, a policy making body; 2) Homeless Provider Network, an advisory
group made up of local public, private, faith-based, non-profit and housing organizations who work to
improve service delivery to the homeless; 3) the San Bernardino County Behavioral Health
Administration, Office of Homeless Services, the administrative arm of the CoC. The strategy that guides
the actions of the above-mentioned groups is the “10-Year Strategy to End Homelessness in San
Bernardino County”. This document serves as the blueprint for ending homelessness in San Bernardino
County.
The City of San Bernardino is an active participant of the Continuum of Care (CoC) and fully supports the
goals and objectives of the 10-Year Strategy to End Homelessness in San Bernardino County. City of San
Bernardino City Councilmember, Fred Shorett, represents the City of San Bernardino on the board of the
Interagency Council on Homelessness, the City’s Police Department supports and participates in the
Point-in-Time Homeless Count, and the Community and Economic Development staff requires its ESG
Subrecipients to participate in the CoC’s Homeless Management Information System (HMIS), a software
application designed to collect client-level data and data on the provision of housing and services to
homeless individuals and families and persons at risk of homelessness.
Through its ESG program the City funds four organizations that provide homeless prevention services,
street outreach, rapid rehousing and permanent supportive housing.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
The City works closely with the CoC and attends its regular scheduled meetings and trainings in the area
of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not
less than one former homeless member, in regards to funding recommendations. The discussions at the
ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided
illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are
helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of
discussion include presentations to the Office of Homeless Services on activities from the San
Annual Action Plan
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their
strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative – the Housing
Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways
to address the needs of the County’s homeless veterans. Over the past year the HASCB, along with the
support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for
homeless veterans.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
Annual Action Plan
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization Kaiser Permanente
Agency/Group/Organization Type Health Agency
Foundation
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health to elicit commitment for affordable
housing investment and related services.
2 Agency/Group/Organization Housing Authority of the County of San Bernardino
Agency/Group/Organization Type PHA
Other government - Federal
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health to elicit commitment for affordable
housing investment and related services.
3 Agency/Group/Organization Dignity Health St Bernardine Medical Center
Agency/Group/Organization Type Health Agency
Major Employer
Annual Action Plan
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What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community.
4 Agency/Group/Organization COMMUNITY INVESTMENT CORPORATION
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
5 Agency/Group/Organization California Endowment
Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-homeless
Services-Education
Annual Action Plan
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
6 Agency/Group/Organization Enterprise Community Partners, Inc.
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Economic Development
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
7 Agency/Group/Organization Local Initiatives Support Corporation (LA LISC)
Agency/Group/Organization Type Housing
Community Development Financial Institution
What section of the Plan was addressed by Consultation? Housing Need Assessment
Economic Development
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Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
8 Agency/Group/Organization Wells Fargo
Agency/Group/Organization Type Business Leaders
Private Sector Banking / Financing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The organization was consulted in a workshop setting hosted by the City
of San Bernardino and Dignity Health. The anticipated outcomes are
increased commitment to affordable housing/economic investment in
the community
9 Agency/Group/Organization Inland Regional Center
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The IRC was consulted in the process of outreach to community
organizations that serve children and families with special needs.
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Identify any Agency Types not consulted and provide rationale for not consulting
Two hundred and fifty-eight agencies were contacted as part of the outreach process. However the City ran out of time and did not include
corrections programs and institutions. In the future the City will make a special effort to include corrections programs and institutions.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals
of each plan?
Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will
complement the COC Strategy.
10-Year Strategy to End
Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent
with the 10-Year Strategy to End Homelessness.
City of San Bernardino 2013-2021
Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs will
complement the 2013-2021 Housing Element.
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the
ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The City published a public hearing notice (Appendix A) in the San Bernardino Sun, and El Chicano newspapers in accordance with its citizen
participation plan for its May 1, 2019 Public Hearing. It also posted the notice and the Draft PY 2019-2020 Action Plan on the City website. The
Draft PY 2019-2020 Action Plan was available at the Community Development Department public counter, and the Norman F. Feldheym Public
Library.
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Citizen Participation Outreach
Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Newspaper
Ad
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Residents of
Public and
Assisted
Housing
Low Income
persons
No responses
were received.
No comments
were received.
Because
comments were
not received
there is no
summary of
comments not
accepted.
http:iecn.com/newpapers/el-chicano/
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2019
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
2 Internet
Outreach
Non-
targeted/broa
d community
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
www.sbcity.org/housing
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
3 Public
Meeting
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
Low Income
persons
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
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2019
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Sort Or
der
Mode of Out
reach
Target of Out
reach
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
4 Public
Hearing
Minorities
Non-English
Speaking -
Specify other
language:
Spanish
Persons with
disabilities
Non-
targeted/broa
d community
Residents of
Public and
Assisted
Housing
No responses
were received
No comments
were received
Because
comments were
not received
there is no
summary of
comments not
accepted.
http://sanbernardinocityca.iqm2.com/citize
ns/calendar.aspx
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public
-
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services
3,366,410 226,872 0 3,593,282 0
Funding for
program year
2018 includes
the City's
reduced HUD
allocation,
estimated
program
income and
prior year
resources.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public
-
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction
for ownership
TBRA 1,279,762 95,344 0 1,375,106 0
In program
year 2019 the
City will no
longer be part
of the County
HOME
Consortium.
The City plans
to invest its
HOME dollars
in the Infill
Housing
Program.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
ESG public
-
federal
Conversion
and rehab for
transitional
housing
Financial
Assistance
Overnight
shelter
Rapid re-
housing
(rental
assistance)
Rental
Assistance
Services
Transitional
housing
286,534 0 0 286,534 0
Assist ESG
sub recipients
with funding
to assist the
Homeless
population
with
Emergency
Shelter,
Motel
Vouchers,
Rapid Re-
Housing,
Rental
Assistance,
Homelessness
Prevention
and Financial
Assistance
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local
funds), including a description of how matching requirements will be satisfied
The City leverages its resources with public and private capital in order to develop quality affordable
homes for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-
income residents were derived from a variety of other sources, including:
Federal Resources
• Supportive Housing for the Elderly (Section 202)
• Supportive Housing for Persons with Disabilities (Section 811)
• Housing Opportunities for Persons with AIDS (HOPWA)
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• Youthbuild
• Federal Low-Income Tax Credit Program
State Resources
• State Low-Income Tax Credit Program
• Affordable Housing and Sustainable Communities
• No Place Like Home
• Veteran Housing and Homeless Prevention Program
• Mental Health Service Act (MHSA)Funding
Local Resources
• San Bernardino County Continuum of Care
• Housing Authority of San Bernardino County (HACSB)
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those
organizations that received ESG funds, agencies met the match requirement through utilization of
volunteerism, in-kind contributions and funds from other local, state and federal programs.
HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with
24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal
distress and receives a 50 percent reduction of match. The FY 2019-2020 match reductions are not
available as of date. However, in FY 2018-2019, the City recieved a 100 percent reduction of match due
to severe fiscal distress. Nonetheless, the City of San Bernardino will continue to leverage its HOME
funds with other housing resources. Any funds that are used in a HOME activity in excess of the required
match will be documented by the City and reported to HUD as part of the Consolidated Annual
Performance and Evaluation Report each year.
If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
As part of the dissolution of the redevelopment agency, successor agencies with real property assets are
required to dispose of the properties pursuant to the City’s Long Range Property Management Plan or
Housing Asset Transfer (HAT) Plan. The Successor Housing Agency’s HAT listed a total of 141 parcels of
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land. Some of these parcels are to be sold and others will be retained for business and or affordable
housing development.
It is the intent of the City to select properties to be used in the City’s Infill Housing Program, a program
that will develop single family homes on vacant and or blighted sites and sell them to income qualified
buyers.
Discussion
No discussion is provided for this section.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Preserve and
Rehabilitate
Housing
2015 2019 Affordable
Housing
Citywide Preserve and
Rehabilitate
Housing
CDBG:
$450,000
Homeowner Housing Rehabilitated: 11
Household Housing Unit
2 Improve
Neighborhood
Conditions
2015 2019 Affordable
Housing
Citywide Improve
Neighborhood
Conditions
CDBG: $0
HOME: $0
ESG: $0
3 Promote Economic
Development
2015 2019 Non-Housing
Community
Development
Citywide Promote
Economic
Development
CDBG:
$730,623
Businesses assisted: 10 Businesses
Assisted
Section 108 Repayment Program
4 Improve Facilities
and Infrastructure
2015 2019 Non-Housing
Community
Development
Citywide CDBG:
$1,943,377
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit: 30000
Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
5 New Affordable
Housing
Construction
2015 2019 Affordable
Housing
Citywide New
Affordable
Housing
Construction
HOME:
$701,786
Homeowner Housing Added: 3
Household Housing Unit
6 Fair Housing 2015 2019 Affordable
Housing
Citywide Fair Housing CDBG: $66,000 Public service activities for
Low/Moderate Income Housing
Benefit: 3000 Households Assisted
7 Planning and
Administration
2015 2019 Administration Citywide Planning and
Administration
CDBG:
$673,282
Other: 1 Other
8 Provide Assistance
to Renter
Households
2015 2019 Affordable
Housing
Citywide Provide
Assistance to
Renter
Households
CDBG: $0 Tenant-based rental assistance / Rapid
Rehousing: 0 Households Assisted
9 Expand Home
Ownership
Opportunities
2015 2019 Affordable
Housing
Citywide Expand Home
Ownership
Opportunities
CDBG:
$180,000
Homeowner Housing Added: 3
Household Housing Unit
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
10 Provide Supportive
Services
2015 2019 Homeless
Non-Homeless
Special Needs
Citywide Provide
Supportive
Services
ESG: $286,534 Tenant-based rental assistance / Rapid
Rehousing: 20 Households Assisted
Homeless Person Overnight Shelter:
50 Persons Assisted
Overnight/Emergency
Shelter/Transitional Housing Beds
added: 220 Beds
Homelessness Prevention: 60 Persons
Assisted
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal
Description
Funding will be issued for a Single Family Owner-Occupied Rehab loan program in the amount of $450,000.
2 Goal Name Improve Neighborhood Conditions
Goal
Description
The funding for this activity was reprogrammed to make up the gap created by the $524,034 reduction in the City's 2018
CDBG allocation. This program has been unable to spend down its CDBG budget during the last two consecutive years.
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3 Goal Name Promote Economic Development
Goal
Description
Promote economic development and employment opportunities for low and moderate income persons ($23,755) and the
Section 108 Repayment Program ($706,868) Debt payment on Section 108 in order to pursue physical and economic
revitalization that will provide jobs.
4 Goal Name Improve Facilities and Infrastructure
Goal
Description
Six park facilities will be improved and renovated, one of them being a swim center. Concrete and ADA Project to be done.
5 Goal Name New Affordable Housing Construction
Goal
Description
New Affordable Housing Construction of three (3) units
6 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement and testing.
7 Goal Name Planning and Administration
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community
development programs and activities. The City will also continue to comply with the planning and reporting requirements of
the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG,
HOME and ESG funds to ensure effective and appropriate use of funds.
8 Goal Name Provide Assistance to Renter Households
Goal
Description
Assistance to renter households is accomplished by assisting housing developments that will restrict their units to low-
income households.
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9 Goal Name Expand Home Ownership Opportunities
Goal
Description
Expand home ownership opportunities and assist homebuyers with the purchase of affordable housing.
10 Goal Name Provide Supportive Services
Goal
Description
Assist homeless and special needs populations with supportive services.
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Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the
following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand
home ownership opportunities; provide assistance to renter households; provide supportive
services; promote economic development; improve facilities and infrastructure; fair housing, and
program planning and administration.
The second and third phases of construction on the site of the former Waterman Gardens Public
Housing community (now called Arrowhead Grove) will result in a total of 184 mixed-income family
apartments and complete the HUD required one-for-one replacement of the original 252 public housing
units. The new construction will provide 147 affordable one- to four-bedroom family units with an
additional 35 market-rate units interspersed across the site and two units for property managers.
Through previous construction phases, 136 new affordable housing units have already been
built. HOME funding in the amount of $180,000 will assist with a portion of this project.
Projects
# Project Name
1 Fair Housing
2 CDBG - Program Income and Reprogrammed Fund
3 CDBG - Planning and Administration
4 Section 108 Repayment
5 Micro-Enterprise Program
6 Affordable Housing (Ownership Projects)
7 SF Owner Occupied Rehabilitation
8 Improve Public Facilities and Infrastructure
9 Citywide-ESG Activities/ESG Administration
10 HOME - Planning and Administration
Table 7 - Project Information
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Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
The allocation priorites are a result of input received from the community and based on the identified
needs such as the state of the City's infrastructre, housing stock and poverty. The primary obstacle to
addressing underserved needs is insufficient funds to meet the ongoing needs of persons, especially
those with special needs such as the homeless.
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AP-38 Project Summary
Project Summary Information
1 Project Name Fair Housing
Target Area
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $66,000
Description Inland Fair Housing Mediation Board will provide activities that will assist
the City in furthering fair housing.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
This program will benefit approximately 3300 Low/Moderate Income
Households/Tenants.
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, conciliation, and/or referral
of housing discrimination complaints free of charge in the City of San
Bernardino. IFHMB offers workshops to educate housing providers,
tenants, homeowners, and financial and lending institutions on fair
housing laws.
2 Project Name CDBG - Program Income and Reprogrammed Fund
Target Area
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $226,872
Description
Target Date 6/30/2020
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Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities
3 Project Name CDBG - Planning and Administration
Target Area
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG: $673,282
Description The City will implement the goals and objectives of the Consolidated Plan
by delivering a variety of housing and community development programs
and activities. The City will also continue to comply with the planning and
reporting requirements of the Consolidated Plan regulations and CDBG,
HOME and ESG regulations. Annually, the City will monitor its use of
CDBG, HOME and ESG funds to ensure effective and appropriate use of
funds.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities Grant and Project Management
4 Project Name Section 108 Repayment
Target Area
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $706,868
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Description Debt payment on Section 108 in order to pursue physical and economic
revitalization that will provide jobs.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities Section 108 debt Repayment
5 Project Name Micro-Enterprise Program
Target Area
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $23,755
Description Provide small business development training and support to income
qualified clients who are wish to start their own small business.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities The program will partner with the Small Business Administration and the
City’s Micro Enterprise program to provide Spanish language training for
persons interested in launching a small business or expanding an existing
small business. Through the City’s partnership with the
“Emprendedores” program, the City will cross promote the services
available through Workforce Development.
6 Project Name Affordable Housing (Ownership Projects)
Target Area
Goals Supported Improve Neighborhood Conditions
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Needs Addressed Improve Neighborhood Conditions
Funding HOME: $701,786
Description Expand Home Ownership Opportunities
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities
7 Project Name SF Owner Occupied Rehabilitation
Target Area
Goals Supported Preserve and Rehabilitate Housing
Needs Addressed Preserve and Rehabilitate Housing
Funding HOME: $450,000
Description
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities
8 Project Name Improve Public Facilities and Infrastructure
Target Area
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,943,377
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Description The following parks will be funded for replacement of playground
equipment in addition to rehabilitation of a swim center and
concrete/ADA project
Target Date
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities
9 Project Name Citywide-ESG Activities/ESG Administration
Target Area
Goals Supported Provide Supportive Services
Needs Addressed Provide Supportive Services
Funding ESG: $286,534
Description Assist homeless and special needs populations with supportive services.
Funding for various Emergency Solutions Grant Program Projects to
include Emergency Shelter, Rapid Rehousing, Homelessness Prevention,
Street Outreach and HMIS costs.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities Activity will be available citywide.
10 Project Name HOME - Planning and Administration
Target Area
Goals Supported
Needs Addressed
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Funding HOME: $127,976
Description Administration of the HOME program. City staff and consultants will
manage various HOME funded programs; prepare financial documents,
contracts and HUD reports.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description
Planned Activities Grant and project management
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
The City will use its funding for PY 2019-2020 to finance a variety of housing, community development,
economic development, and capital improvement projects. The majority of the funding will be used to
finance projects targeting low- to moderate-income individuals and families throughout the City.
CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where
51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S.
Census identified approximately 68.9 percent of the City consisted of households with low or moderate
incomes. A map of the Low / Moderate Income Target Areas is attached to this document. (Appendix B)
The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. (Appendix C)
Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin
majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic
Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is
comprised of some “Other” race or ethnicity.
Geographic Distribution
Target Area Percentage of Funds
San Bernardino, City 100
Table 8 - Geographic Distribution
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Rationale for the priorities for allocating investments geographically
The funding available under the 2015-2019 CONSOLIDATED PLAN may be used to meet a variety of
community development and housing needs. As part of the development of the 2015-2019
CONSOLIDATED PLAN, the City established priority needs based on an in depth analysis of the several
factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City
will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals
and Objectives” of this document.
Discussion
The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA)
within in the City.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
In accordance with the Housing Needs Assessment of the Consolidate Plan, housing problems within the
City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing
cost burden. The City will use CDBG and HOME funds to pursue two affordable housing goals: 1)
Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide
Assistance to Renter Households.
Preserve and Rehabilitate Housing
Approximately 67 percent of San Bernardino’s housing stock is over 30 years old and potentially in need
of rehabilitation. Many low- and moderate-income households, particular seniors and disabled, are
unable to fund the necessary repairs to their homes.
Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. According to the City’s Consolidated Plan, 54
percent of all renter-households and 43 percent of all owner-households experience at least one
housing problem. The most prevalent housing problems within the City is cost burden and overcrowded
conditions.
Families who pay more than 30 percent of their income for housing are considered cost burdened and
may have difficulty affording necessities such as food, clothing, transportation and medical
care. Overcrowded conditions exist when more people are living within a single dwelling than there is
space for, so that movement is restricted, privacy is compromised and levels of stress increase.
According to the City’s 2013-2021 Housing Element, approximately 51% of all San Bernardino
households overpaid for housing. Ten percent of the ownership households and 21 percent of renter
households lived in overcrowded conditions.
Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income
households. Eighteen affordable rental housing developments in the City offer income/rent restricted
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housing for approximately 2,205 very low income households. Among these, 15 projects have subsidy
contracts that are expiring during the next 10 years. These projects are technically considered at risk of
converting to market-rate housing. However, most of these projects are non-profit owned senior
housing which will receive priority for rental of subsidy contracts with HUD. Therefore it is unlikely that
the projects will convert to market-rate housing.
Nonetheless, the City will periodically reach out to owners of assisted projects to understand their
intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in
order to extend the terms of affordability.
The City also will continue to work with qualified Community Housing Development Organizations
(CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for
lower-income households.
One Year Goals for the Number of Households to be Supported
Homeless 55
Non-Homeless 3
Special-Needs 0
Total 58
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 0
The Production of New Units 20
Rehab of Existing Units 38
Acquisition of Existing Units 0
Total 58
Table 10 - One Year Goals for Affordable Housing by Support Type
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Discussion
The table "One Year Goals for the Number of Households to be Supported" consists of 38 homeless
persons assisted (at the Golden Apartments which will come online by December, 2018) and 3
new homeowners, for a total of 58 households supported.
The "One Year Goals for the Number of Households to be Supported Through" consists of 20 new units
(17 new units to be added at Golden Apartments) and 3 new ownership units, plus 21 rehabilitated units
at Golden Apartments, for a total of 58 household supported through the production of new units and
rehabilitation of existing units.
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AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address
affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals,
and other individuals.
The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).
This agency administers the Housing Choice Voucher Program, which provides rental assistance to
eligible residents of San Bernardino by providing monthly rental assistance to participants who want to
rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice
Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).
In 2017, the latest year for which data is available, HACSB provided 10,120 housing choice vouchers
throughout San Bernardino County, assisting 23,472 individuals. Of those 10,120 housing choice
vouchers, 2,669 were issued to San Bernardino City residents.
The City will continue to support the efforts of HACSB in the administration of the Housing Choice
Voucher and maximize the use of those funds and other resources in San Bernardino.
Actions planned during the next year to address the needs to public housing
To assist HACSB in addressing public housing needs, the City will do the following:
Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk
units affordable and utilize, if feasible, local incentives to preserve any at-risk units.
Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or
financial assistance to local non-profit organizations that provide affordable housing.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The City does not own any public housing units, therefore has not undertaken efforts to encourage
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public housing residents to become more involved in the management of public housing
units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions
to encourage public housing residents to contribute and paritcipate in the management and HACSB has
a homeownership program for residents of public housing.
As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire
distressed properties within San Bernardino, rehabilitate them and sell them to income qualified
homebuyers. The City will work with HACSB, to identify any households who may be eligible for the
Housing Choice Voucher Program.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it
has a moving to work designation which is a designation that a limited number of PHAs across the
country have.
Discussion
There is no discussion relative to the designation of the county PHA.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
According to the San Bernardino County 2018 Homeless Count and Subpopulation Survey - Preliminary
Report, 646 persons in the City of San Bernardino were homeless during the point-in-time (P-I-T) count
conducted in January 25, 2018. A total of 137 individuals were sheltered, 176 were sheltered in
transitional housing and 333 were unsheltered. To address this issue, the City will allocate
approximately $255,743 in ESG funds to homeless service providers to who are skilled at transitioning
homeless individuals and families from homelessness to permanent housing through a variety of
activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and
essential services.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of
the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons
and assess their individual needs, the City will continue to support the CoC’s coordinated entry system,
2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent
risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to
retain current housing or to locate get housing placement.
The City will continue to use General Funds to support its Quality of Life Team, a public and private
sector partnership tasked with addressing potential public health hazards within the community,
including connecting homeless individuals who live in encampments with necessary support services.
Additionally, through its ESG funds, the City is funding Step Up On Second, with the goal of reaching 200
homeless persons through street outreach, providing social service referrals to 75 of those 200 persons
and facilitating the placement of 10% into permanent housing (20 homeless persons).
Addressing the emergency shelter and transitional housing needs of homeless persons
The City provides funds on an annual basis to a number of non-profit agencies that operate emergency
shelters and/or transitional housing for the homeless. Emergency shelters provide the most basic needs
of safe shelter and nourishment, as well as drop-in services, counseling, medical treatment,
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transportation assistance, referrals to mental health and social service agencies, and assistance with
finding appropriate permanent housing. Transitional shelters provide housing and needed resources
(i.e., job training, money management, alcohol and drug rehabilitation, parenting classes, counseling) to
help individuals and families re-establish independent living. These facilities also assist clients with
finding permanent housing.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every
community in the region. As the largest community in the County, the City also serves as a hub for
service providers. The City supports the efforts of this network of agencies in ending homelessness
through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key
components, one of which is homeless prevention. The provision of preventative services will decrease
the number of households and individuals who will become homeless and require emergency shelters
and assistance. The City seeks to prevent homelessness by funding emergency assistance for families
and households at-risk of being homeless. Educating residents about available services is a key
component in reducing homelessness.
Based on the City’s discussions with homeless advocates and providers, permanent housing and support
services are priorities for addressing the immediate needs of the homeless population. Providing
emergency services without complementary transitional and permanent housing services creates a
situation where the homeless remain in San Bernardino for services but are trapped in an emergency
housing situation or lack shelter due to inadequate resources for transitional and permanent housing.
The City will emphasize services providing transitional and permanent housing assistance through case
management, life skills, rental support and job assistance for homeless families and individuals
transitioning to permanent housing.
Utilizing its HOME dollars, in FY 2017-18 the City funded the acquisition of the Golden Apartments, a 21-
unit apartment complex that will be rehabilitated and converted into 38 one-bedroom apartments of
supportive housing for homeless persons. The units are slated for completion and occupancy by FY
2018-19.
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As previously noted, many of the transitional housing programs assisted by the City include assistance
with finding permanent housing. In addition, the County’s 10-Year Strategy for Ending Homelessness
was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing
First Model. This approach is intended to minimize the amount a time an individual or family remains
homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing
the need to keep individuals and families in their current housing if appropriate.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10-
Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge
planning in order to prevent people from becoming homeless when they are discharged from
correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires
that State and local governments have policies and protocols in place to ensure that persons being
discharged from a publicly-funded institution or system of care are not discharged immediately into
homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge
Planning Committee to focus on improving coordination between discharge planning agencies, local
government, and homeless service providers in order to implement a “zero tolerance” plan that will
prevent persons being discharged into homelessness.
Discussion
The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be
screened and assessed for a range of CoC and City funded homeless programs, including emergency
shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All
contracted service providers report outcomes based on the countywide outcome standards developed
by the Behavioral Health Administration-Office of Homeless Services, in order to inform future
adjustments to the service system.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City recognizes that barriers to affordable housing exist and continues to employ strategies to
overcome them. These added costs of housing can be contributed to:
Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely
affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and
funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production
of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s
efforts to continue to support neighborhood revitalization.
Environmental Protection: State law (California Environmental Quality Act and California Endangered
Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act)
regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use
permits, etc.). Costs and time delay resulting from the environmental review process are also added to
the cost of housing.
Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and
automobile infrastructure to support new residential subdivisions. All new residential development is
required to provide sidewalk with curbs and gutters and must be served by appropriate roadways
consistent with the General Plan Circulation Element and adopted road development standards. The
cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian
and vehicular access and movement in the City.
Planning and Development Fees: Planning and development impact fees, such as for transportation,
water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s
fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new
residences.
Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land
during the evaluation and review process as a significant factor in the cost of housing. The City of San
Bernardino’s development review process is designed to accommodate growth without compromising
quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-
family homes and poorly maintained multifamily complexes.
State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR)
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expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to
the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are
used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based
on discussions with developers, various prevailing wage requirements typically inflate the development
costs by 35 percent.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by
developing and adopting a new Development Code that unified and simplified the City’s development
regulations and processes. That effort was followed by a reorganization of the City to unify the various
development-related departments into a single Community Development Department and a one-stop
permit counter. Moreover, the City is in the process of making the following additional amendments to
the Municipal Code in order to further reduce barriers to affordable housing:
1. Corridor Improvement Program - The four Corridor Strategic Areas (Mount Vernon, E Street,
Baseline, and Highland) are generally characterized by underperforming strip commercial,
vacant or underutilized parcels, deteriorating structures, and inconsistent façades and signage.
The Corridor Improvement Program is an optional package of policy, regulatory, and incentives
intended to stimulate investment and development in the Corridor Strategic Areas. While the
underlying land use designations and zones still apply, the property owner may request, and the
City may choose to apply, aspects of the Corridor Improvement Program necessary to achieve
the desired results.
2. General Lot Consolidation Incentive - Small, individual lots offer limited development potential,
and generally cannot support onsite property management. Development opportunities could
be increased through a small-lot consolidation program that offers a 15 percent density bonus
for projects with a residential component that are committing to a maintenance plan and having
on-site management. The City is anticipating amending the Development Code to incentivize lot
Consolidation. Approval is anticipated in fiscal year 2018-19..
3. Density Bonus Provisions - Density bonus projects can be an important source of housing for
lower and moderate income households. The City anticipates amending the Development Code
to reflect the latest amendments to State density bonus law.
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4. Transitional and Supportive Housing - The City plans to amend the Development Code to
adequately define transitional and permanent supportive housing and permit these uses based
on unit type, in accordance with Senate Bill 2.
5. Streamlined Processing - The City is committed to continuing the streamlining of development
activities and regulations and will continue to analyze potential programs that seek to eliminate
land use constraints, particularly as related to the provision of new housing and rehabilitation of
existing housing. The City amended its Development Code in 2012 to make it more user-friendly
and to minimize confusion for staff and the development community. As part of the
Development Code update, the City also introduced a new streamlined type of Conditional Use
Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental
Review Committee rather than the Planning Commission, which requires less staff time (and a
relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for
certain qualified projects.
Discussion:
To address housing affordability and the lack of monetary resources for affordable housing, the
Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate
housing units and provide homeownership opportunities to low and moderate-income households.
For PY 2019-2020, the City will continue to fund its Infill Housing Program and Owner Occupied
Residential Rehabilitation Program. Through the City’s Infill Housing Program, the City will acquire,
rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and
moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide
deferred loans for the rehabilitation of single family units owned by low and moderate income
households.
Although the City no longer has access to redevelopment funds, the City will continue to leverage its
CDBG and HOME funds to attract private and other available public resources, including land conveyed
to the City for the purpose of creating affordable housing for low- and moderate- income households.
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AP-85 Other Actions – 91.220(k)
Introduction:
Priority Needs established in the FY 2015 - 2019 Five-Year Consolidated Plan, which form the basis for
establishing objectives and outcomes in the FY 2018-2019 One-Year Action Plan, are as follows:
High Priority
• Preserve and rehabilitate existing single-family dwellings.
• Improve neighborhood conditions through code enforcement and neighborhood revitalization.
• Expand homeownership opportunities and assist homebuyers with the purchase of affordable
housing.
• Assist homeless and special needs populations with supportive services.
• Promote economic development and employment opportunities for low and moderate income
persons.
• Improve and expand existing community facilities and infrastructure to meet current and future
needs.
• Eliminate identified impediments to fair housing through education, enforcement, and testing.
• Planning and administration
Low Priority
• Provide rental assistance and preserve existing affordable rental housing.
Expand the affordable housing inventory through new construction.
Actions planned to address obstacles to meeting underserved needs
To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME
and ESG funds through the 2018-2019 Action plan in projects that provide financing for the affordable
housing development, housing rehabilitation, job creation, public facility/infrastructure improvements
and homeless prevention.
The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for
seniors and lower-income households.
Actions planned to foster and maintain affordable housing
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The City will invest HOME funds to expand the supply of affordable housing and will use CDBG and
HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s
Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted
through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested
for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement
procedures will be included in the scope of work for the rehabilitation of the housing unit. All
procedures will be in compliance with 24 CFR Part 35.
Actions planned to reduce the number of poverty-level families
For PY 2019-2020, the City will support:
• An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties
within the City and when complete sell these homes to low- and moderate income households
• An Owner Occupied Residential Rehabilitation Program that will provide financial assistance to
San Bernardino homeowners whose homes are in need of repair.
• Micro Enterprise Program that will provide small business development training and support to
income qualified clients who are wish to start their own small business.
• Non-profit homeless service providers who can provide street outreach, rapid-rehousing,
homeless prevention, emergency shelter, and other essential services to homeless and near-
homeless persons and families.
• The improvement of various park facilities within income-eligible areas of the City that provide
recreational and support services to low- and moderate-income residents of the City.
• The efforts of HACSB, who provides rental assistance to low-income households.
• The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of
Homeless Services and various Homeless Service Agencies to provider public and social services
to residents living in poverty, including health services, counseling, educational programs, food
distribution, academic and vocational training, youth services, and senior services.
• The efforts of the City of San Bernardino Internship Program that provides eligible California
State University - San Bernardino students the opportunity to work in various departments
within the City organization. The program allows students to link theory with practice, and gain
real world experience in the public sector.
• The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.
• The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides people who are
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at imminent risk of becoming homeless with problem solving support to retain current housing
or to locate another housing placement.
The City will also continue to use General Funds to support its Quality of Life Team, a public and private
sector partnership tasked with addressing potential public health hazards within the community,
including connecting homeless individuals who live in encampments with necessary support services.
Actions planned to develop institutional structure
During the next year, the San Bernardino Economic & Housing Development Department will continue
consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB National CORE,
County of San Bernardino Community Development and Housing Agency, etc.) involved with the
delivery of housing and social services to low- and moderate-income San Bernardino residents.
Actions planned to enhance coordination between public and private housing and social
service agencies
During the next year, the San Bernardino Economic & Housing Development Department will continue
consulting with a wide variety of agencies and organizations such as HACSB, County Workforce
Development, County Department of Behavioral Health and County Office on Aging and Adult Services (
involved with the delivery of housing, supportive services and economic development to low- and
moderate- income San Bernardino residents. Workforce Development, for example, provides job
placement services for person in the County and also provides up to three months of paid on the job
training and any equipment that an employee may require to carry their new job. In the realm of
economic development, the City recently established a partnership with the Mexican Consulate’s
“Emprendedores” program. The program partners with the Small Business Administration and the City’s
Micro Enterprise program to provide Spanish language training for persons interested in launching a
small business or expanding an existing small business. Through the City’s partnership with the
“Emprendedores” program, the City will cross promote the services available through Workforce
Development.
Discussion:
The implementation of the PY 2019-2020 Action Plan will invest federal resources to address obstacles
to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint
hazards, reduce the number of families living in poverty, develop institutional structure, and enhance
coordination between public and private housing and social service agencies.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the implementation of programs and activities under the 2019-2020 Action Plan, the City of San
Bernardino will follow all HUD regulations concerning the use of program income, forms of investment,
overall low-and moderate-income benefit for the CDBG program and recapture requirements for the
HOME program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 226,872
2. The amount of proceeds from section 108 loan guarantees that will be used during the year
to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has
not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 226,872
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income.Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 0.00%
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
as follows:
The City does not anticipate using other forms of investment beyond those identified in Section
92.205.
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2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers
the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance,
the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of
Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME
Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds
are the sales price paid to Buyer minus repayment of loans that are superior in priority to this
Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs.
(b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least
two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the
amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of
Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of
Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only
full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or
transfers the Eligible Property during the third year, before the completion of the full third year of a
ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be
recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of
the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net
Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.
The City requires that its CHDO/subrecipients, who carry out HOME funded ownership
programs, utilize the noted recapture provisions, which are part of the affordability covenant
executed by the homeowner and recorded against the property.
In its homeownership and single family rehabilitation programs the City utilizes the
homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired
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with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as
follows:
Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain
affordable for the period noted based on the amount of HOME subsidy. The City requires that its
CHDO/ubrecipients who carry out HOME funded ownership programs utilize the noted recapture
provisions, which are part of the affordability covenant executed by the homeowner and recorded
against the property.
In its homeownership and single family rehabilitation programs the City utilizes the
homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is
rehabilitated with HOME funds along with a description of the refinancing guidelines required that
will be used under 24 CFR 92.206(b), are as follows:
The City will not be undertaking any refinancing of existing debt secured by multifamily housing that
is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units
rehabilitated with HOME funds.
With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR
92.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253
with regard to tenant protections and selection and other HOME regulatory requirements that
ensure beneficiaries are not precluded from participating in HOME funded programs.
The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applicaitons for
funding under the HOME program. Solicitations for applications are conducted as funds are
available for various programs and/or when contracts and renewal periods with applicants
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expire and new NOFAs and RPS are released.
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
1. Include written standards for providing ESG assistance (may include as attachment)
See Attachment under Admin (AD-26).
2. If the Continuum of Care has established centralized or coordinated assessment system that
meets HUD requirements, describe that centralized or coordinated assessment system.
The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral
Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by
the United Way of San Bernardino County and provides free and confidential information and
referral service to persons in need of help connecting with various free or low cost health and
human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San
Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available
to assist English and/or Spanish speaking callers. However, if another language is need, 211 San
Bernardino County, utilizes a translation line that can assist in disseminating information in over 150
languages. 211 San Bernardino County is also available by going to http://211sb.org
Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate,
to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless
people in the area covered by the Continuum of Care or area over which the services are
coordinated to provide a strategic, community-wide system to prevent and end homelessness.
3. Identify the process for making sub-awards and describe how the ESG allocation available to
private nonprofit organizations (including community and faith-based organizations).
The City of San Bernardino will competitively procure for services that will meet the goals and
objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year
Plan to End Homelessness.
The application review process has three phases. In the first phase, all applications are reviewed by
the Economic & Housing Development Department staff for completeness and eligibility under the
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Federal program guidelines. Eligible programs and projects are then reviewed according to their
contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year
Plan to End Homelessness. Preference is given if a program has the ability to help the City meet
federal program objectives and local priorities. Organizational capacity, experience, and past
performance are also considered.
Based on this review, Economic & Housing Development Department staff prepares general funding
recommendations. Lastly, a public hearing before City Council will be held to consider the 2018-
2019 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the
CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards
the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for
approval.
4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR
576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with
homeless or formerly homeless individuals in considering policies and funding decisions
regarding facilities and services funded under ESG.
The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on
Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless
Partnership. The ICH serves as the policy making body of the Partnership and oversees the
implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will
focus on resource development to insure the funding of homeless projects and 10-Year Strategy
recommendations. In addition, ICH serves as the HUD-designated primary decision-making group
and oversight board of the City of San Bernardino & County (hereinafter referred to as the
“geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter
referred to as the “CoC”). There are currently former homeless individuals that participate in the
policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the
City.
The ICH is charged with directing, coordinating and evaluating all of the activities related to
implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to
report progress on the implementation of the 10-Year Strategy to their colleagues and constituents
following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless
providers and stakeholders throughout San Bernardino County in order to carry out implementation
activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy
recommendations.
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As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the
responsibilities assigned to it by the United States Department of Housing and Urban Development
(HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and
operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the
geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known
as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and
Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in
compliance with all requirements prescribed by HUD. c. The development of a CoC plan that
includes outreach, engagement, assessment, annual gap analysis of the homeless needs and
services available, prevention strategies, shelter and housing supportive services, and HUD CoC
annual and biennial requirements; 2. To represent the relevant organizations and projects serving
homeless subpopulations; 3. To support homeless persons in their movement from homelessness to
economic stability and affordable permanent housing within a supportive community; 4. To be
inclusive of all the needs of all of geographic area’s homeless population, including the special
service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and
concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual
CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish
performance targets appropriate for population and program type, monitor recipient and sub-
recipient performance, evaluate outcomes, and take action against poor performers; and 7. To
evaluate outcomes of projects funded under the County of San Bernardino CoC program including
the ESG.
5. Describe performance standards for evaluating ESG.
ESG Subrecipients must demonstrate the financial management and programmatic expertise to
successfully develop, design, implement, and monitor the ESG-funded activities.
ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and
City of San Bernardino requirements relative to the ESG program, specifically those concerning
equal opportunity and fair housing, affirmative marketing, environmental review, displacement,
relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and
flood insurance.
Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to
determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount
and types of assistance the individual or family needs to regain stability in permanent housing.
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APPENDIX A
PROOF OF PUBLICATION
DRAFT FY 2019-2020 ANNUAL ACTION PLAN
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APPENDIX B
Map of Low- to Moderate-Income Areas
Within the City of San Bernardino
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 2: Minority Concentration - Hispanic
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 3: Minority Concentration - Black
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APPENDIX C
CITY OF SAN BERNARDINO
ETHNIC AND RACIAL COMPOSITION MAP
Figure 4: Minority Concentration - Asian
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APPENDIX D
CITY OF SAN BERNARDINO
APPLICATION FOR FEDERAL ASSISTANCE (SF 424 & SF 424D)
ON PAGES 73 – 87
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CDBG
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HOME
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ESG
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Packet Pg. 915 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
APPENDIX E
CITY OF SAN BERNARDINO
FEDERAL CERTIFICATIONS
ON PAGES 89 – 96
CERTIFICATIONS
Annual Action Plan
2019
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Packet Pg. 916 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the
jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is
following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in
connection with any activity assisted with funding under the Community Development Block Grant or HOME
programs.
Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loa n, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the
jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance
with applicable HUD regulations.
Consistency with plan --The housing activities to be undertaken with Community Development Block Grant,
HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with
the strategic plan in the jurisdiction’s consolidated plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u)
and implementing regulations at 24 CFR Part 135.
_____________________________ ____________
Signature of Authorized Official Date
_____________________________
Title
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Specific Community Development Block Grant Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the
requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated plan identifies community development and housing needs and
specifies both short-term and long-term community development objectives that that have been developed in
accordance with the primary objective of the CDBG program (i.e., the development of
viable urban communities, by providing decent housing and expanding economic opportunities, primarily for
persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.
Following a Plan -- It is following a current consolidated plan that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has
developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and
moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may
also include CDBG-assisted activities which the grantee certifies
are designed to meet other community development needs having particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community,
and other financial resources are not available (see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during
program year(s) _____________________ [a period specified by the grantee of one, two, or three specific
consecutive program years], shall principally benefit persons of low and moderate income in a manner that
ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the
designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital
costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an
assessment or charge may be made against the property with respect to the public improvements financed
by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income (not low-income) families,
an assessment or charge may be made against the property for public improvements financed by a source
other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction.
Annual Action Plan
2019
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Packet Pg. 918 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42
U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35, Subparts A, B, J, K and R.
Compliance with Laws -- It will comply with applicable laws.
______________________ _________
Signature of Authorized Official Date
______________________
Title
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
OPTIONAL Community Development Block Grant Certification
Submit the following certification only when one or more of the activities in the action plan are
designed to meet other community development needs having particular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-
assisted activities which are designed to meet other community development needs having particular
urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community and other financial resources are not available to meet such needs.
___________________________ __________
Signature of Authorized Official Date
__________________________
Title
Annual Action Plan
2019
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Packet Pg. 920 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Specific HOME Certifications
The HOME participating j urisdiction certifies that:
Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-
based rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs,
as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds
for prohibited activities, as described in §92.214.
Subsidy layering -- Before committing any funds to a project, it will evaluate the project in
accordance with the guidelines that it adopts for this purpose and will not invest any more HOME
funds in combination with other Federal assistance than is necessary to provide affordable housing;
Signature of Authorized Official Date
Title
Annual Action Plan
2019
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29.b
Packet Pg. 921 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation – If an emergency shelter’s rehabilitation costs exceed
75 percent of the value of the building before rehabilitation, the recipient will maintain the building as
a shelter for homeless individuals and families for a minimum of 10 years after the date the building is
first occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the
building after conversion, the recipient will maintain the building as a shelter for homeless individuals
and families for a minimum of 10 years after the date the building is first occupied by a homeless
individual or family after the completed conversion.
In all other cases where ESG funds are used for renovation, the recipient will maintain the building as
a shelter for homeless individuals and families for a minimum of 3 years after the date the building is
first occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs – In the case of assistance involving shelter operations or
essential services related to street outreach or emergency shelter, the recipient will provide services or
shelter to homeless individuals and families for the period during which the ESG assistance is
provided, without regard to a particular site or structure, so long the recipient serves the same type of
persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of
domestic violence) or persons in the same geographic area.
Renovation – Any renovation carried out with ESG assistance shall be sufficient to ensure that
the building involved is safe and sanitary.
Supportive Services – The recipient will assist homeless individuals in obtaining permanent housing,
appropriate supportive services (including medical and mental health treatment, victim services,
counseling, supervision, and other services essential for achieving independent living), and other
Federal State, local, and private assistance available for these individuals.
Matching Funds – The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality – The recipient has established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or treatment
services under any project assisted under the ESG program, including protection against the release of
the address or location of any family violence shelter project, except with the written authorization of
the person responsible for the operation of that shelter.
Homeless Persons Involvement – To the maximum extent practicable, the recipient will involve,
through employment, volunteer services, or otherwise, homeless individuals and families in
constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in
Annual Action Plan
2019
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CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
providing services assisted under the ESG program, and in providing services for occupants of
facilities assisted under the program.
Consolidated Plan – All activities the recipient undertakes with assistance under ESG are consistent
with its consolidated plan.
Discharge Policy – The recipient will establish and implement, to the maximum extent practicable and
where appropriate, policies and protocols for the discharge of persons from publicly funded institutions
or systems of care (such as health care facilities, mental health facilities, foster care or other youth
facilities, or correction programs and institutions) in order to prevent this discharge from immediately
resulting in homelessness for these persons.
Signature of Authorized Official Date
Title
Annual Action Plan
2019
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Packet Pg. 923 Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT A (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
enteri ng into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Annual Action Plan
2019
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29.b
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EXHIBIT B
FISCAL YEAR 2019-2020 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS
Activity
CDBG
Requested
Revised-
4/15/2019
CDBG Staff
Recommended
Ad Hoc Committee
Recommended ESG HOME
2019 Grant Fund Allocation 3,366,410$ 2,800,000$ 2,800,000$ 286,534$ 1,279,762$
Program Income and Reprogrammed Fund 226,872$ 95,344$
Administration (maximum available)673,282$ 560,000$ 560,000$ 21,490$ 127,976$
Section 108 Repayment 706,868$ 706,868$ 706,868$
Micro-enterprise 23,755$ 23,755$ 23,755$
Affordable Housing (Ownership Projects) TBD 701,786$
Arrowhead Grove – Phase 2 & 31 180,000$
Fair Housing (IFHMB)2 66,000$ 66,000$ 66,000$
SF Owner Occupied Rehabilitation 450,000$
Public Facilities Projects
Jerry Lewis Swim Center 443,377$ 443,377$ 443,377$
Meadowbrook Fields 182,000$ 182,000$ 182,000$
Lytle Creek Park 210,000$ 210,000$ 210,000$
Wildwood Park 215,000$ 215,000$ -$
Harrison Canyon 210,000$ 210,000$ -$
Speicher 183,000$ 183,000$ -$
Concrete/ADA Project 500,000$
Nickelson Park
Nunez Community Center -$
Lytle Creek Community Center -$
Hernandez Community Center -$
Public Facilities Projects Total 1,943,377$ 1,443,377$ 835,377$ -$ -$
Lutheran Social Services (LSS)45,366$
Community Action Partnership (CAPS)52,877$ -$
Time for Change Foundation -$
Family Services Association (FSA)49,500$
Step Up on Second 83,000$
The Salvation Army 25,000$
Total Requested 3,593,282$ 2,800,000$ 2,192,000$ 255,743$ 1,279,762$
1Under Resolution No. 2018-6, the City committed to pledge $179,723 of CDBG funds to this project. 2Required for all jurisdictions receiving CDBG funds.29.cPacket Pg. 925Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT B (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
EXHIBIT B
FISCAL YEAR 2019-2020 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS
29.cPacket Pg. 926Attachment: CED.HUD Annual Action Plan PY19-20.EXHIBIT B (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated with the
Draft HUD FY 2019-20 Annual Action Plan
Community & Economic Development Department
Mayor and City Council Meeting
May 1, 2019
29.dPacket Pg. 927Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
What is an Annual Action Plan?
•It is a planning document required of all jurisdictions
that receive federal grants from the Department of
Housing and Urban Development (HUD).
•It specifies how priority needs and goals will be met
for each year of the 5-year planning document
known as the Consolidated Plan.
•It details the proposed uses for the federal grants
received by the City.
2 29.dPacket Pg. 928Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
Federal Grants Received by the City
•Community Development Block Grant (CDBG)
funds must be used to benefit low and moderate
income persons.
•HOME Investment Partnerships Program
(HOME) funds for the provision of affordable
housing for low-income households.
•Emergency Solutions Grant (ESG) funds for
homeless prevention, emergency shelter, and rapid
re-housing of homeless persons.
3 29.dPacket Pg. 929Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
FY 2019-2020 Activity Recommendations
4
Activity
CDBG
Requested
Revised-
4/15/2019
CDBG Staff
Recommended
Ad Hoc
Committee
Recommended ESG HOME
2019 Grant Fund Allocation $ 3,366,410 $ 2,800,000 $ 2,800,000 $ 286,534 $ 1,279,762
Program Income and Reprogrammed Fund $ 226,872 $ 95,344
Administration (maximum available) $ 673,282 $ 560,000 $ 560,000 $ 21,490 $ 127,976
Section 108 Repayment $ 706,868 $ 706,868 $ 706,868
Micro-enterprise $ 23,755 $ 23,755 $ 23,755
Arrowhead Grove – Phase 2 & 31 $ 180,000
Fair Housing (IFHMB)2 $ 66,000 $ 66,000 $ 66,000
First Time Homeownership $ 797,130
SF Owner Occupied Rehabilitation $ 450,000
Public Facilities Projects
Jerry Lewis Swim Center $ 443,377 $ 443,377 $ 443,377
Meadowbrook Fields $ 182,000 $ 182,000 $ 182,000
Lytle Creek Park $ 210,000 $ 210,000 $ 210,000
Wildwood Park $ 215,000 $ 215,000 $ -
Harrison Canyon $ 210,000 $ 210,000 $ -
Speicher $ 183,000 $ 183,000 $ -
Concrete/ADA Project $ 500,000
Public Facilities Projects Total $ 1,943,377 $ 1,443,377 $ 835,377 $ - $ -
Lutheran Social Services (LSS) $ 45,366
Community Action Partnership (CAPS) $ 52,877 $ -
Time for Change Foundation $ -
Family Services Association (FSA) $ 49,500
Step Up on Second $ 83,000
The Salvation Army $ 25,000
Total Requested $ 3,593,282 $ 2,800,000 $ 2,192,000 $ 255,743 $ 1,375,106
1Under Resolution No. 2018-6, the City will commit to pledging $179,723 of CDBG funds to this project.
2Required for all jurisdictions receiving CDBG funds. 29.dPacket Pg. 930Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
5
FY ’18 -19 CDBG Funded Capital Improvements
Delmann Heights Park - BEFORE – Playground
Equipment Replacement 29.dPacket Pg. 931Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
FY ’18 -19 CDBG Funded Capital Improvements
6
Delmann Heights Park – AFTER – Playground
Equipment Replacement 29.dPacket Pg. 932Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
7
FY ’18 -19 CDBG Funded Capital Improvements
La Plaza Park - BEFORE Picture - Playground
Equipment Replacement 29.dPacket Pg. 933Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
FY ’18 -19 CDBG Funded Capital Improvements
8
La Plaza Park - AFTER – Playground Equipment
Replacement 29.dPacket Pg. 934Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
9
FY ’18 -19 CDBG Funded Capital Improvements
Jack Reily Park - BEFORE – Playground
Equipment Replacement 29.dPacket Pg. 935Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
10
FY ’18 -19 CDBG Funded Capital Improvements
Jack Reily Park - AFTER – Playground Equipment
Replacement 29.dPacket Pg. 936Attachment: CED.HUD Annual Action Plan PY19-20.Exhibit C (6084 : Draft Fiscal Year 2019/20 Annual Action Plan Associated
30.a
Packet Pg. 937 Attachment: CM.Matters of Council InterestSR (6085 : Matters of Council Interest Follow-Up Report)
• The Cannabis Committee was created as an Ad Hoc Committee to assist
in the development of regulations. The committee does not meet on a
regular basis, rather would be called upon in the event changes to the
regulations are being considered.
• Citizen Advisory Committee – This committee was re-named CDBG Ad
Hoc Committee to consider CDBG funding recommendations. This 3
member council committee recently met to consider such matters and
their recommendations are included as part of the HUD Action Plan which
is also on the May 1 Council agenda.
• Charter Committee – The last time this committee met was August 9,
2016. Staff is working to bring this committee back together no later than
July of this year once the budget process is complete.
3. During the April 3, 2019 Council meeting, staff was asked to assess ways the
City can support and promote participation in the 2020 U.S. Census, including
the addition of an Ad Hoc citizen advisory committee. As directed, staff will
research what the County, other cities and agencies in our region are doing to
support and facilitate participation in the Census and present a recommendation
to the Mayor and City Council for consideration.
4. Discussion on bringing the City Clerk back to Closed Session.
If this City Council so desires, staff could conduct a survey of surrounding cities
to determine if this is standard practice.
5. Food Truck Regulations.
Concern regarding regulation of food trucks has been expressed as it relates to
health and safety as well fairness to other food businesses that are operating
legally. Similar to the ordinance on this agenda a to regulate sidewalk vending,
an ordinance that would allow better regulation of food trucks could be
researched and brought back to a future meeting for consideration.
6. Censure Policy for Elected Officials.
Many cities have adopted a censure policy to provide a mechanism by which the
City Council, acting as a whole, may adopt a resolution of censure expressing
the Council’s disapproval of the conduct of a Mayor or Councilmember if the
Council finds, subject to the procedures set forth in the policy, that the elect
official’s conduct violates federal, state or local law, or any by-law, standing
order, or policy of the City Council.
The City Attorney’s Office has provided a draft policy (attached) for
consideration. If the City Council so desires, staff will do more research and
bring back a policy for consideration at a future meeting.
Fiscal Impact
There is no fiscal impact.
4/25/2019 2:26 PM
30.a
Packet Pg. 938 Attachment: CM.Matters of Council InterestSR (6085 : Matters of Council Interest Follow-Up Report)
Conclusion
It is recommended that the Mayor and City Council consider current items on the
Matters of Council Interest agenda section and direct staff according on the following
matters:
1. Analysis on expanding security camera program
Recommendation: Direct staff to consider as part of the FY2018/19 Budget and
to conduct research on security camera programs in other cities.
2. Reactivating the Cannabis Committee, Citizen Advisory Committee and ensure
that the Charter Committee is still meeting
Recommendation: Receive and file information concerning the Cannabis
Committee and Citizen Advisory Committee (CDBG) and direct staff to a poll the
Charter Committee for an upcoming meeting no later than July 2019.
3. Support for the 2020 U.S. Census
Recommendation: As directed, staff will research what the County, other cities
and agencies in our region are doing to support and facilitate participation in the
2020 U.S. Census and present a recommendation to the Mayor and City Council
for consideration in June.
4. Discussion on bringing the City Clerk back to Closed Session
Recommendation: Direct staff to research the practice of surrounding cities with
regard to the inclusion of the City Clerk in Closed Session and return to City
Council with a recommendation at the May 15th Council Meeting.
5. Food Truck Regulations
Recommendation: Direct staff to develop regulations that ensure health and
safety and fairness to food businesses that are operating legally.
6. Censure Policy for Elected Officials
Recommendation: Review and discuss the attached draft policy and direct staff
to conduct additional research on Censure Policies and return with a draft policy
for consideration no later than the June 19, 2019.
Attachments
Attachment 1 - Draft Censure Policy
Ward: All
4/25/2019 2:26 PM
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Packet Pg. 939 Attachment: CM.Matters of Council InterestSR (6085 : Matters of Council Interest Follow-Up Report)
DRAFT - FOR DISCUSSION PURPOSES ONLY
CITY OF ________
CENSURE POLICY
Policy No. __: Censure.
(a) Purpose: This policy provides the mechanism by which the City Council, acting
as a whole, may adopt a resolution of censure expressing the Council’s disapproval of the
conduct of a Councilmember if the Council finds, subject to the procedures set forth herein, that
a Councilmember’s conduct violates federal, state or local law, or any by-law, standing order, or
policy of the City Council.
(b) Request for Censure: A request for censure may be submitted by any
Councilmember or the Mayor in writing to the City Clerk. The request must contain the specific
charges on which the proposed censure is based.
(c) Ad Hoc Committee Consideration: Upon receipt of a request for censure, the City
Clerk shall forward the request to the City Attorney. The City Attorney shall appoint an ad hoc
Committee of the Council to conduct preliminary review of the request. The ad hoc Committee
shall not include the Councilmember making the request or the Councilmember who is the
subject of the request.
(1) The City Clerk shall deliver a copy of the request for censure and the
charges to each member of the City Council at least 72 hours prior to the first meeting of
the ad hoc Committee to give preliminary consideration to the request.
(2) At a meeting held no sooner than 72 hours of receipt by all
Councilmembers of the above notice, the ad hoc Committee shall consider the request
together with any evidence or testimony submitted by the Councilmember making the
request and the Councilmember subject to the request, and shall determine whether:
(i) Further investigation of the charges is required; or
(ii) The charges should be forwarded to the Council for censure
hearing; or
(iii) No action is required.
(3) If the ad hoc Committee determines that no further action should be taken
with regard to the request, the Committee shall make such report to the Council at the
earliest opportunity.
(4) If the Committee determines that further investigation is required, the
Committee shall conduct an investigation and arrive at a recommendation regarding the
request and report its conclusions, findings and a summary of its proceedings to the
Council at its earliest opportunity.
1
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DRAFT - FOR DISCUSSION PURPOSES ONLY
(5) If the ad hoc Committee does not report its recommendations and findings
to the Council within 30 days of the formation of the Committee, the matter shall
automatically be sent to the Council for consideration.
(d) Council Consideration: Upon receipt of the report of the ad hoc Committee, or at
the expiration of the time for the ad hoc Committee to report, the City Clerk shall place the
matter on the Council’s next agenda in order for the Council to receive the Committee report and
determine whether a censure hearing is warranted. If the Council decides to set the matter for
censure hearing, it shall schedule the hearing no sooner than two weeks after its determination to
hear the matter. The Council shall not schedule the matter during any previously scheduled
excused absence of the subject Councilmember. A Councilmember who is the subject of an
alleged violation shall be ineligible to vote on any matter related to a disciplinary action
including, but not limited to, agendizing the hearing and adopting a resolution of censure.
(1) Written notice of the hearing shall be delivered in person to the
Councilmember subject to the censure hearing at least ten (10) days in advance of the
scheduled hearing.
(2) At the censure hearing, the Councilmember who is the subject of the
request for censure shall be given the opportunity to make an opening and a closing
statement, to call witnesses on his or her behalf and to question his or her accusers. The
subject Councilmember may be represented by a person or persons of his or her choice
whether or not an attorney at law and may have that representative speak or question
witnesses on his or her behalf. The questioning or cross-questioning of witness may be
reasonably limited by the Mayor or Vice-Mayor if the Mayor is the subject of the
censure. Testimony shall be taken only from witnesses having direct knowledge of facts
or circumstances relevant to the specific charges under consideration. However, the rules
of evidence and judicial procedure applicable in courts of law shall not be applied to this
hearing, and the procedures shall be generally informal.
(e) Disciplinary Action. If, at the close of the censure hearing, a majority of the City
Council finds that the subject member’s conduct violates federal, state or local law, or any by-
law, standing order, or policy of the City Council, the Council may take one or more of the
following measures:
(1) Admonition. An admonition may be directed to all members of the City
Council, reminding them that a particular type of behavior is in violation of law or City
policy.
(2) Direction to Correct. The direction should be given to the subject
Councilmember to correct the result of the particular behavior that violated law or City
policy.
(3) Informal reprimand. The reprimand should be directed to the subject
member of the City Council based on a particular action (or set of actions) that is
determined to be in violation of law or City policy, but is considered by the Council to be
not sufficiently serious to require formal censure.
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(4) Resolution of Censure. The City Council may adopt a resolution of
censure based on clear and convincing facts supporting the allegations of misconduct
giving rise to the censure. [OPTIONAL: A resolution of censure may include the
imposition of sanctions against the Councilmember as a majority of the City Council
deems appropriate. Such sanctions may include removal from a committee and
restrictions on City-related travel privileges.]
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