HomeMy WebLinkAbout06-16-2021 Agenda PacketIMPORTANT
COVID-19
NOTICE
In an effort to protect public health and prevent the spread of COVID-19 and to enable
appropriate social distancing , the Mayor and City Council meeting is not open f or public
attendance at this time. All meeting s will be held via tele-conf erence.
To view the live meeting:
Select the link to view the live-stream on the City’s website:
https://sbcity.tiny.us/MCC061621
Or
Spectrum & Frontier customers may view the broadcast on Channel 3.
You may also view the archived video on the City’s website the day after the meeting.
To provide public comments:
Submit a written comment online via http://sbcity.tiny.us/comments ;
Or
Email your written comment to publiccomments@sbcity.org before 4:00 p.m. the day
of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to
exceed three (3) minutes before 4:00 p.m. the day of the scheduled meeting.
The subject line of your email should include the meeting date, w hether your
comment is for the Special Meeting, Closed Session, or Open Session, and w hether it
is for public comment or for a specific agenda item.
Example: 06/16/21 – Open Session - Agenda Item No. 5
To provide public comments for a Public Hearing:
Send an email to publiccomments@sbcity.org before 4:00 p.m. the day of the
scheduled meeting. Include your name, telephone number, and the agenda item number.
At the time of the requested agenda item, the City Clerk will call the commenter. Each person
will be allowed to speak f or up to three-minutes.
W ritten comments will be provided to the Mayor and City Council prior to the meeting and
will be posted online f or public review, but will not be read aloud. Voicemail comments will
be played aloud during the appropriate public comment portion of the meeting.
Please note that written & recorded comments received after the deadline will not
be included in the record until the next regular meeting. Recorded comments
received past the deadline will not be played during the meeting.
To view Po werPoint presentations, written comments, or any revised documents f or this meeting
date select the link: https://sbcity.tiny.us/agendabackup61621
Or visit the City Clerk’s page:
From the City’s homepage www.sbcity.org select the Government category-> City Clerkon
the Navigation menu select Search for Records Online-> Council Agendas->Current Year
2021->Meeting Date
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, JUNE 16, 2021
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
MAYOR PRO TEM, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, W ARD 5
Kimberly Calvin
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
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 Please contact the City Clerk’s Office (909) 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.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/11/2021
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Mayor Pro-Tem, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSB2025900
f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior
Court Case No. CIVDS2015337
g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209
h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1906467
j. KP Investments v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1909577
k. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
l. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1914576
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/11/2021
m. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1905710
n. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior court Case No. CIVDS192251
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
Three Items
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated
November 20, 2020.
(D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code
Section 54957.6):
Agency designated representatives: City Manager or designee;
Employee organization: San Bernardino Police Officers
Association
(E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8):
Property Address: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager or designee
Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group
Under Negotiation: Price and Terms
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
MAYOR AND CITY COUNCIL UPDATES
PRESENTATIONS
1. Community Risk Reduction Applications Presented By: Fire Marshal/Deputy Fire
Warden Mike Horton; Deputy Fire Marshall Adam Panos; Assistant Fire Marshal
Tom Strong and Assistant Fire Marshal Brian Headley
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/11/2021
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
2. Charter Review Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Roxana M. Barrera to the Charter
Review Commission representing Ward 1 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
3. Charter Review Commission Reappointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Rabbi Hillel Cohn to the Charter Review
Commission representing Ward 4 with the term ending December 2022. Council
Staff has verified that appointee is a registered voter within the City.
4. Downtown Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
5. Downtown Advisory Committee Appointment (Mayor)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Scott Morse to the Downtown Advisory
Committee representing the Mayor with the term ending December 2022.
6. General Plan Advisory Committee Appointment (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Amelia S. Lopez to the General Plan
Advisory Committee representing Ward 2 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/11/2021
7. General Plan Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. James L. Mulvihill to the General Plan
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
DISCUSSION
8. Transfer Gun Buyback Funding (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and consider options for reprogramming the unused funding
appropriated for the gun buyback program in FY 2020/21 to support other safety
and homeless service outreach programs.
9. General Plan Status Update and General Plan Advisory Committee
Composition (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the update on the General Plan; and
2. Adopt Resolution No. 154, repealing Resolution No. 2021-02 and re-establishing
the General Plan Advisory Committee.
10. Potential Amendments to the FY 21/22 Adopted Budget and Measure S
Committee Recommendations (All Wards)
Recommendation
Review and provide direction to staff regarding amendments to the FY 2021/22
Adopted Budget requested by members of the City Council for consideration and
receive recommendations from the Measure S Committee.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/11/2021
PUBLIC HEARINGS
11. Approval of the Fiscal Year 2021/22 Proposed Operating Budget, Capital
Improvement Program, and Appropriations Limit Calculation (All Wards)
Recommendation
Adopt Resolution No. 2021-138 of the Mayor and City Council of the City of San
Bernardino, California approving the City of San Bernardino’s Operating Budget and
Capital Improvement Program (CIP) for FY 2021/22 and establishing the City’s
Appropriations Limit as required by Article XIII of the California State Constitution.
12. Resolution to Determine/Confirm Assessments and Proceedings for Unpaid
Solid Waste Collection Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2021-137 of the Mayor and City Council of the City of San
Bernardino, California, making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
CONSENT CALENDAR
13. Approving Job Descriptions and Classifications and Amending the Salary
Schedule (All Wards)
Recommendation
Adopt Resolution No. 2021-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the job descriptions and classifications for Lead
Animal Control Officer and Economic Development Project Manager; amending the
citywide salary schedule for full-time, part-time, temporary, and seasonal positions;
and repealing Resolution No. 2021-32.
14. Reconsideration of the Petition for Recognition Filed by the SBPDA (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, reconsider recognition of the San Bernardino Police Dispatch Association
(SBPDA) as the majority representative for the Police Dispatcher I and Pol ice
Dispatcher II positions for the purposes of employer -employee relations with the
City and adopt Resolution No. 2021-140 granting their request.
15. License Amnesty and Fee Waivers (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-141 authorizing the Director of Animal Services to enact a
temporary amnesty program waiving late fees and penalties for dog licenses; and
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/11/2021
2. Adopt Resolution 2021-160 authorizing the Director of Animal Services to enact
reduced or waived fees.
16. First Amendment to Landscape & Irrigation Maintenance Agreement - Inland
Empire Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-142 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreement with Inland Empire Landscape, Inc., for landscape maintenance in
Assessment District No. 1024 (Area I).
17. First Amendment to Landscape & Irrigation Maintenance Agreements -
Willowbrook Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-143 of the Mayor and City Council of the City of San
Bernardino, California, authorizing First Amendments to the Vendor Service
Agreements with Willowbrook Landscape Co., Inc. for the Maintenance of
Landscaping in Area G, Area H, and Area J.
18. Amendments to Landscape & Irrigation Maintenance Agreements – RP
Landscape (Ward All)
Recommendation
Adopt Resolution No. 2021-144 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute the
First Amendment and a one year extension to the Vendor Service Agreement with
RP Landscape & Irrigation for landscape and irrigation maintenance services for 31
city-owned sites; and the Second Amendment and a one year extension to the
Vendor Service Agreement for RP Landscape & Irrigation for landscape
maintenance at the City’s north, central and south park sites.
19. Appropriation of Funds for Fleet Services Budget (All Wards)
Recommendation
Adopt Resolution 2021-145 of the Mayor and City Council of the City of San
Bernardino, California;
1. Authorizing the appropriation of funds in the amount of $110,000 from General
Fund to Fleet Services (Fund 635) for the remainder of FY 2020/21; and
2. Authorizing a $35,800 increase to Annual Purchase Order No. 2021 -207 to
Southern California Gas pursuant to Section 3.04.010 b-3 of the Municipal Code
for the purchase of CNG fuel; and
3. Authorizing a $58,400 increase to Annual Purchase Order No. 2021-114 to Merit
Oil Company pursuant to Section 3.04.010 b -3 of the Municipal Code for the
purchase of fuel.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/11/2021
20. FY 2020/21 Year-End Budget Adjustments (All Wards)
Recommendation
Adopt Resolution 2021-146 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY 2020/21
budget for technical adjustments necessary to conform to the financial reporting
best practices as recommended by the Government Finance Officers Association
(GFOA).
21. Construction Contract Award – Storm Drain Repair at Various Locations (All
Wards)
Recommendation
Adopt Resolution No. 2021-147 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with TRYCO General
Engineering in the amount of $565,020, to provide the construction of Storm Drain
Repair At Various Locations ("Project"); and
2. Authorizing the project construction, construction contingencies, and engineering
& inspection costs in the total amount of $750,000 for the Project; and
3. Authorizing the Director of Finance to allocate additional funding in the amount
of$308,452.12 from Storm Drain DIF Fund (248) to the Project (Account number
248-160-8672*5504) to fully fund the project construction, construction
contingencies, and engineering & inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
22. Irrevocable Agreement to Annexation No. 2021-364 (Ward 4)
Recommendation
Adopt Resolution No. 2021-148 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated
territory located at 4270 North 4th Avenue (APN 0265-093-15) and authorizing the
City Manager to execute an Irrevocable Agreement to Annex.
23. Second Reading of Small Cell Ordinance MC-1560 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1560 amending
the San Bernardino Municipal Code to add to Title 12 Chapter 12.05, “Right -of-Way
Permits - Wireless Facilities”.
24. Request Purchase Authorization for Annual Usage, Software and Maintenance
Agreements for Fiscal Year 2021-2022 (All Wards)
Recommendation
Adopt Resolution 2021-149 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/11/2021
Orders for the annual usage fees, software and or hardware support with Accela
Corporation, Earth Science Research Institute (ESRI), Konica Minolta, Tyler
Technologies, and Verizon Cellular as outlined in the report.
25. Notice of Availability of Surplus Land - Arden Guthrie (Ward 7)
Recommendation
Adopt Resolution No. 2021-150 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, declaring City-owned property fronting
Highland Avenue on the north, 20th Street on the south, Arden Avenue on the
east, and Guthrie Street on the west and commonly known as Arden Guthrie , as
non-exempt surplus land; approve the form of Notice of Availability attached to the
resolution; and direct the City Manager to comply with the requirements of the
Surplus Land Act, Government Code, Section 54220 et seq.; and finding the action
exempt from CEQA for the disposition of Arden Guthrie .
26. Resolution Adopting Design and Development Standards for Wireless
Facilities in Public Right-Of-Way and Resolution Establishing a Fee Schedule
for Wireless Encroachment Permits (Ward All)
Recommendation
It is recommended that the Mayor and City Council of th e City of San Bernardino,
California:
1. Adopt Resolution 2021-151 containing design and development standards for
wireless facilities in the public right-of-way; and
2. Adopt Resolution 2021-152 establishing a fee schedule for wireless
encroachment permits to install wireless facilities in the public right-of-way under
City Municipal Code Chapter 12.05.
27. Senior Companion Program - First Year of a Three Year Grant Award (All
Wards)
Recommendation
Adopt Resolution 2021-153 of the Mayor and City Council of the City of San
Bernardino, California, to:
1. Ratify the submission of a grant application for the first year of a 3 -year grant with
the Corporation for National and Community Service’s Senior Companion
Program; and
2. Accept the Grant Award in the amount of $324,812.
28. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for May and June
2021.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/11/2021
29. Update Regarding Negotiations with Renaissance Downtown USA/ICO Real
Estate Group (RDICO) for the Carousel Mall Property (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update regarding the negotiations with Renaissance
Downtown USE/ICO Real Estate Group (RDICO) for the Carousel Mall property.
30. First Amendment to the Interim Golf Course Management Agreement for the
Operations and Maintenance of the Shandin Hills Golf Course (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-161 authorizing the City Manager to execute
the First Amendment to the Interim Golf Course Management Agreement between
the City of San Bernardino and CF Shandin Hills ARCIS LLC extending the term by
60 days.
31. Escheatment of Unclaimed Funds in Accordance with Escheatment of
Unclaimed Money Policy (All Wards)
Recommendation
Adopt Resolution 2021-155 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the transfer of unclaimed evidence funds to the
General Fund.
32. February 2020, April and May 2021, City Board, Commission, and Citizen
Advisory Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the approved minutes from the City’s February 2020,
April 2021 and May 2021, Boards, Commissions & Citizen Advisory Committee
meetings.
33. Letter of Support for FXI, Inc., for the California Competes Tax Credit
Application (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Letter of Support for FXI, Inc.
34. Resolution to Authorize the CALNET/Next Gen Contract for Verizon Cellular
and Data Network Services (All Wards)
Recommendation
Adopt Resolution 2021-156 of the Mayor and City Council for the City of S an
Bernardino, California, authorizing the City Manager to execute the CALNET/Next
Gen Services contract with the State of California for the delivery of Verizon Cellular
and Data Network Services.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/11/2021
35. Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards
1, 2, 3, 4, 6, 7)
Recommendation
Adopt Resolution No. 2021-157 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
36. Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4)
Recommendation
Adopt Resolution No. 2021-158 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Purchase and
Sale Agreement with Shab El-aawar Trust for the properties located at 301, 321 &
325 West 40th Street.
37. Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Housing Agency to the Redevelopment Agency
of the City of San Bernardino, adopt Resolution No. 2021-159, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage relating to real property located at 4394 North Pershing Avenue, San
Bernardino, California.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
Wednesday, July 21, 2021, in the Council Chamber located at 555 West 6 th 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, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the June 16, 2021 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 located at 555
West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on
Friday, June 11, 2021.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 13 Printed 6/11/2021
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 rese rved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Page 1
Closed Session
City of San Bernardino
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSB2025900
f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior
Court Case No. CIVDS2015337
g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209
h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1906467
j. KP Investments v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1909577
k. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
l. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1914576
m. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1905710
n. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior court Case No. CIVDS192251
Packet Pg. 14
7398
Page 2
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
Three Items
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated
November 20, 2020.
(D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code
Section 54957.6):
Agency designated representatives: City Manager or designee;
Employee organization: San Bernardino Police Officers
Association
(E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8):
Property Address: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager or designee
Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group
Under Negotiation: Price and Terms
Packet Pg. 15
Page 1
Presentation
City of San Bernardino
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: San Bernardino County Fire Department - Community Risk
Reduction Applications
1
Packet Pg. 16
Mike Horton
Fire Marshal – Deputy Fire Warden
mhorton@sbcfire.org
Adam Panos
Deputy Fire Marshal
apanos@sbcfire.org
1.a
Packet Pg. 17 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
GIS Based Community Risk Reduction Applications
Community Risk Reduction is a process to identify and prioritize
local risks, followed by the integrated and strategic investment
of resources to reduce their occurrence and impact.
Data driven applications through a Community Risk Assessment
allows for more specific deployment of resources to increase
the safety of county residents.
1.a
Packet Pg. 18 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
•Geographic Information Systems
(GIS)
•Esri Inc. Mapping Platform
•Esri Inc. Spatial Analytics (Future)
•Value added to already negotiated
Enterprise License Agreement
Data Collection 1.a
Packet Pg. 19 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Tom Strong
Assistant Fire Marshal
tstrong@sbcfire.org
1.a
Packet Pg. 20 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Current Applications
•Damage Assessment – 2020 NACO Recipient
•Vacant Buildings
•Illegal Fireworks Reporter - 2021 NACO Submission
1.a
Packet Pg. 21 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Damage Assessment 2020 NACO Recipient
•Uses authoritative parcel data from County Assessor’s Office maintained by Information Technology
•Mix of mobile and web-based applications
•Data recorded is live and real-time providing information to County, State and Federal stakeholders
•Program has been adapted to include Civil Unrest (Fall 2020) and weather related incidents and
earthquakes with the ability to continue to update and refine should new incident types occur
•Methods shared with cooperative agencies
1.a
Packet Pg. 22 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Vacant Building Reporter
•Used to combat blight
•Data can be easily shared with
cooperator agencies
•Tracks high crime and vandalism
areas use by unhoused people and
illegal activities
1.a
Packet Pg. 23 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
San Bernardino County Fire
Online Illegal Fireworks Reporting System
sbcfire.org
1.a
Packet Pg. 24 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
•On June 17, 2020 the San Bernardino County Fire Online Illegal Fireworks
Reporting
•System was opened to the public.
•This simple online survey allows citizens the opportunity to report the illegal use
and illegal sales of fireworks 24 hours a day, 7 days a week online with the option
of staying anonymous
•The data collected was then used during the Fireworks Patrols conducted by The
Office of the Fire Marshal to concentrate patrol efforts in those areas that were
receiving the highest reports
1.a
Packet Pg. 25 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
The Public Dashboard View
This view allows the public to see the locations of complaint with limited detail
1.a
Packet Pg. 26 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Field Officer Dashboard
This view gives patrol staff the exact location and details of the complaint
1.a
Packet Pg. 27 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
This report is used to share complaint information with our
Partner Fire Agencies, Law Enforcement Partners and other
Agencies.
This Report was for illegal sales in the City of Fontana. It was
sent to our Investigations Unit who passed the information
onto Fontana Police.
One of the complaints received and passed along ended in two
people receiving citations and a large quantity of illegal fireworks
being seized.
1.a
Packet Pg. 28 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
2020 Statistics
•2048 Complaints Received
•1268 in San Bernardino County Fire Jurisdiction
•780 outside of San Bernardino County Fire Jurisdiction
•Reduced calls to 911 to report fireworks (82%)
•The complaints received for other jurisdictions were
shared with them electronically
1.a
Packet Pg. 29 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
146
161
75
212
14 33 27
39
0
50
100
150
200
250
2017 2018 2019 2020
ADMINISTRATIVE CITATIONS -
BY YEAR
CITATIONS ISSUED DURING INTERDICTION CITATIONS ISSUED DURING PAROLS
33,520
29,069
16,009
34,241
375 6,185 1,730 510
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2017 2018 2019 2020
AMOUNT OF FIREWORKS SEIZED (IN
LBS) -
BY YEAR
LBS OF FIREWORKS SIEZED DURING INTERDICTION
LBS OF FIREWORKS SIEZED DURING PATROLS
Strain on Resources Due to Illegal Fireworks
1.a
Packet Pg. 30 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Brian Headley
Assistant Fire Marshal
bheadley@sbcfire.org
1.a
Packet Pg. 31 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Arson Investigation Unit
•The fire and arson investigation unit is
comprised of 6 POST qualified armed
investigators.
•We received all of the training through
the San Bernardino County Sheriff’s
Department Academy.
•Among the many responsibilities are to
investigate the cause and origin of fires
occurring within our jurisdiction as
well as other criminal and civil
investigations.
•The unit follows the course of the
investigation until a final adjudication
is made.
•Canine Program inception April 2021.
1.a
Packet Pg. 32 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
•Interdiction Teams Worked
Seven Days
•221 Citations Issued
•$277,000 In Fines
•45,000 Pounds of Fireworks
Seized/Confiscated
Fireworks Interdiction California/Nevada Border
2020 Statistics
1.a
Packet Pg. 33 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
In Development
•No Contact Administrative Citations
•Illegal Marijuana Grows/Sales Operations – a multi-department collaborative effort
on the monitoring of Illegal Marijuana Grows/Sales in San Bernardino County
•Arson Map – a multi-input application that combines disparate datasets to monitor
arson related fires in San Bernardino County
1.a
Packet Pg. 34 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
No Contact Administrative Citations
•Data collected from the Fireworks Reporter will provide areas to concentrate
patrols in
•Ability to issue a Administrate Citation
•Greater safety to officers
•Awaiting final approval from County Council
1.a
Packet Pg. 35 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
•Tracks arson/suspicious activities
•Tracks arson registrants and youth fire setters
•Allows Arson Investigator to conduct digital field interviews from their mobile device
Arson Mapping 1.a
Packet Pg. 36 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Questions?
1.a
Packet Pg. 37 Attachment: Attachment 1 - Presentation (7147 : San Bernardino County Fire Department -
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, Ward 1
Subject: Charter Review Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Roxana M. Barrera to the Charter Review
Commission representing Ward 1 with the term ending December 2022. Council Sta ff
has verified that appointee is a registered voter within the City.
Background
The Charter Review Commission was established by Resolution No. 2017 -243 on
December 20, 2017 and is tasked with completing a periodic review of the City Charter
to identify potential amendments that enhance clarity, efficiency, and the principles of
the council-manager form of government.
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 nominates two members who shall serve during and
for the term of the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission reappointment aligns with Key Target No. 2: Focused,
Aligned Leadership and Unified Community by building a culture that attracts, retains,
and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Roxana M. Barrera to the Charter Review
Commission representing Ward 1 with the term ending December 2022. Council Staff
has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Ms. Roxana M. Barrera
2
Packet Pg. 38
7380
Page 2
Attachment 2 Resolution 2017-243
Ward: 1
2
Packet Pg. 39
2.a
Packet Pg. 40 Attachment: Attachment 1 - MCC.Commission Application - Roxana M. Barrera (7380 : Charter Review Commission Appointment (Ward 1))
2.a
Packet Pg. 41 Attachment: Attachment 1 - MCC.Commission Application - Roxana M. Barrera (7380 : Charter Review Commission Appointment (Ward 1))
2.a
Packet Pg. 42 Attachment: Attachment 1 - MCC.Commission Application - Roxana M. Barrera (7380 : Charter Review Commission Appointment (Ward 1))
2.b
Packet Pg. 43 Attachment: Attachment 2 - Resolution 2017-243 (7380 : Charter Review Commission Appointment (Ward 1))
2.b
Packet Pg. 44 Attachment: Attachment 2 - Resolution 2017-243 (7380 : Charter Review Commission Appointment (Ward 1))
2.b
Packet Pg. 45 Attachment: Attachment 2 - Resolution 2017-243 (7380 : Charter Review Commission Appointment (Ward 1))
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, Ward 4
Subject: Charter Review Commission Reappointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Rabbi Hillel Cohn to the Charter Review
Commission representing Ward 4 with the term ending December 2022. Council Staff
has verified that appointee is a registered voter within the City.
Background
The Charter Review Commission was established by Resolution No. 2017 -243 on
December 20, 2017, and is tasked with completing a periodic review of the City Charter
to identify potential amendments that enhance clarity, efficiency, and the principles of
the council-manager form of government.
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 Municipa l Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and nominates two members who shall serve during and
for the term of the Mayor.
2020-2025 Key Strategic Targets and Goals
The proposed commission reappointment aligns with Key Target No. 2: Focused,
Aligned Leadership and Unified Community by building a culture that attracts, retains,
and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Rabbi Hillel Cohn to the Charter Review
Commission representing Ward 4 with the term ending December 2022. Council Staff
has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Rabbi Hillel Cohn
3
Packet Pg. 46
7371
Page 2
Attachment 2 Resolution No. 2017-243
Ward: 4
Synopsis of Previous Council Actions:
December 20, 2017 The Charter Review Commission was established by
Resolution No. 2017-243.
3
Packet Pg. 47
3.a
Packet Pg. 48 Attachment: Attachment 1 - MCC.Commission Application - Rabbi Hillel I. Cohn (7371 : Charter Review Commission Reappointment (Ward 4))
3.a
Packet Pg. 49 Attachment: Attachment 1 - MCC.Commission Application - Rabbi Hillel I. Cohn (7371 : Charter Review Commission Reappointment (Ward 4))
3.a
Packet Pg. 50 Attachment: Attachment 1 - MCC.Commission Application - Rabbi Hillel I. Cohn (7371 : Charter Review Commission Reappointment (Ward 4))
3.b
Packet Pg. 51 Attachment: Attachment 2 - Resolution 2017-243 (7371 : Charter Review Commission Reappointment (Ward 4))
3.b
Packet Pg. 52 Attachment: Attachment 2 - Resolution 2017-243 (7371 : Charter Review Commission Reappointment (Ward 4))
3.b
Packet Pg. 53 Attachment: Attachment 2 - Resolution 2017-243 (7371 : Charter Review Commission Reappointment (Ward 4))
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, Ward 4
Subject: Downtown Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown Advisory
Committee representing Ward 4 with the term ending December 2022. Council Staff has
verified that appointee is a registered voter within the City.
Background
The Downtown Advisory Committee was established by Resolution No. 2021 -88 on
February 17, 2021.
Discussion
The Downtown Advisory Committee (DAC) is an advisory committee esta blished by the
Mayor and City Council to advise City staff, participating in public outreach and
community forums, and making recommendations to the Planning Commission and the
Mayor and City Council on various components of the overall project. Meetings of the
DAC will be open and public in accordance with the Brown Act.
The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and
City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2)
members and each City Council member shall nominate one (1) member. In
accordance with the City Charter and the City's Municipal Code, appointees must be
either a resident of the City of San Bernardino, or a non -resident business or property
owner. Appointees should be able to clearly articulate the community perspective
and/or the area of the City in which they live or conduct business.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
4
Packet Pg. 54
7385
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown Advisory
Committee representing Ward 4 with the term ending December 2022. Council Staff has
verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Mr. John Hunter
Attachment 2 Resolution 2021-88
Attachment 3 Ordinance No. MC 1552
Synopsis of Previous Council Action:
February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory
Committee was adopted.
April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a
current business license to be appointed to the committee (not to
exceed 25% of the committee membership) was adopted.
4
Packet Pg. 55
4.a
Packet Pg. 56 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.a
Packet Pg. 57 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.a
Packet Pg. 58 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.b
Packet Pg. 59 Attachment: Attachment 2 - Resolution No. 2021-88 (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.b
Packet Pg. 60 Attachment: Attachment 2 - Resolution No. 2021-88 (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.b
Packet Pg. 61 Attachment: Attachment 2 - Resolution No. 2021-88 (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.b
Packet Pg. 62 Attachment: Attachment 2 - Resolution No. 2021-88 (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.b
Packet Pg. 63 Attachment: Attachment 2 - Resolution No. 2021-88 (7385 : Downtown Advisory Committee Appointment (Ward 4))
4.c
Packet Pg. 64 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
4.c
Packet Pg. 65 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
4.c
Packet Pg. 66 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
4.c
Packet Pg. 67 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
Subject: Downtown Advisory Committee Appointment (Mayor)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Scott Morse to the Downtown Advisory
Committee representing the Mayor with the term ending December 2022.
Background
The Downtown Advisory Committee was established by Resolution No. 2021-88 on
February 17, 2021.
Discussion
The Downtown Advisory Committee (DAC) is an advisory committee established by the
Mayor and City Council to advise City staff, participating in public outreach and
community forums, and making recommendations to the Planning Commission and the
Mayor and City Council on various components of the overall project. Meetings of the
DAC will be open and public in accordance with the Brown Act.
The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and
City Council. Pursuant to Resolution No. 2021-88, the Mayor shall nominate two (2)
members and each City Council member shall nominate one (1) member. In
accordance with the City Charter and the City's Municipal Code, appointees must be
either a resident of the City of San Bernardino, or a non -resident business or property
owner. Appointees should be able to clearly articulate the community perspective
and/or the area of the City in which they live or conduct business.
Mr. Morse is a non-resident appointee and his appointment falls within the 25% non -
resident criteria. Council staff has verified that the current non -resident count is 11%.
The business registration certificate has been attached for verifi cation purposes.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
5
Packet Pg. 68
7391
Page 2
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Scott Morse to the Downtown Advisory
Committee representing the Mayor with the term ending December 2022.
Attachments
Attachment 1 Commission Application - Mr. Scott Morse
Attachment 2 Resolution 2021-88
Attachment 3 Ordinance No. MC 1552
Synopsis of Previous Council Action:
February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory
Committee was adopted.
April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a
current business license to be appointed to the committee (not to
exceed 25% of the committee membership) was adopted.
5
Packet Pg. 69
5.a
Packet Pg. 70 Attachment: Attachment 1 - Scott Morse application and business registration certificate (7391 : Downtown Advisory Committee Appointment
5.a
Packet Pg. 71 Attachment: Attachment 1 - Scott Morse application and business registration certificate (7391 : Downtown Advisory Committee Appointment
5.a
Packet Pg. 72 Attachment: Attachment 1 - Scott Morse application and business registration certificate (7391 : Downtown Advisory Committee Appointment
5.a
Packet Pg. 73 Attachment: Attachment 1 - Scott Morse application and business registration certificate (7391 : Downtown Advisory Committee Appointment
5.b
Packet Pg. 74 Attachment: Attachment 2 Resolution No. 2021-88 (7391 : Downtown Advisory Committee Appointment (Mayor))
5.b
Packet Pg. 75 Attachment: Attachment 2 Resolution No. 2021-88 (7391 : Downtown Advisory Committee Appointment (Mayor))
5.b
Packet Pg. 76 Attachment: Attachment 2 Resolution No. 2021-88 (7391 : Downtown Advisory Committee Appointment (Mayor))
5.b
Packet Pg. 77 Attachment: Attachment 2 Resolution No. 2021-88 (7391 : Downtown Advisory Committee Appointment (Mayor))
5.b
Packet Pg. 78 Attachment: Attachment 2 Resolution No. 2021-88 (7391 : Downtown Advisory Committee Appointment (Mayor))
5.c
Packet Pg. 79 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
5.c
Packet Pg. 80 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
5.c
Packet Pg. 81 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
5.c
Packet Pg. 82 Attachment: Attachment 3 - ORD MC-1552 Code Amendment to Section 2.17.040 Appointment-Registered Voters Requirement-Compensation-
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Mayor Pro-Tem/Council Member, Ward 2
Subject: General Plan Advisory Committee Appointment (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Amelia S. Lopez to the General Plan
Advisory Committee representing Ward 2 with the term ending December 2022. Council
Staff has verified that appointee is a registered voter within the City.
Background
The General Plan Advisory Committee was established by Resolution No. 2021 -02 on
January 20, 2021.
Discussion
The General Plan Advisory Committee (GPAC) is an advisory committee established by
the Mayor and City Council to assist with the update of the City's comprehensive
General Plan. The General Plan Advisory Committee serves as an important
component of the public participation program providing one of the primary
communication channels for the community making recommendations to the Planning
Commission and the Mayor and City Council. Meetings of the GPAC will be open and
public in accordance with the Brown Act.
The composition of the General Plan A dvisory Committee is under consideration at
tonight’s meeting by the Mayor and City Council. However, while that final
determination is made, it is critical for the Council to appoint members to the body to
ensure it will have sufficient quorum to conduct its important business. In accordance
with the City Charter and the City's Municipal Code, appointees must be residents of the
City of San Bernardino. Appointees should be able to clearly articulate the community
perspective and/or the area of the City in which they live.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership And Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
6
Packet Pg. 83
7373
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Amelia S. Lopez to the General Plan
Advisory Committee representing W ard 2 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Ms. Amelia S. Lopez
Attachment 2 Resolution No. 2021-02
Ward: 2
Synopsis of Previous Council Action:
January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory
Committee was adopted.
6
Packet Pg. 84
6.a
Packet Pg. 85 Attachment: Attachment 1 - MCC.Commission Application - Amelia S. Lopez (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.a
Packet Pg. 86 Attachment: Attachment 1 - MCC.Commission Application - Amelia S. Lopez (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.a
Packet Pg. 87 Attachment: Attachment 1 - MCC.Commission Application - Amelia S. Lopez (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.b
Packet Pg. 88 Attachment: Attachment 2 - Resolution 2021-02 (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.b
Packet Pg. 89 Attachment: Attachment 2 - Resolution 2021-02 (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.b
Packet Pg. 90 Attachment: Attachment 2 - Resolution 2021-02 (7373 : General Plan Advisory Committee Appointment (Ward 2))
6.b
Packet Pg. 91 Attachment: Attachment 2 - Resolution 2021-02 (7373 : General Plan Advisory Committee Appointment (Ward 2))
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, Ward 4
Subject: General Plan Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. James L. Mulvihill to the General Plan
Advisory Committee representing Ward 4 with the term ending December 2022. Cou ncil
Staff has verified that appointee is a registered voter within the City.
Background
The General Plan Advisory Committee was established by Resolution No. 2021 -02 on
January 20, 2021.
Discussion
The General Plan Advisory Committee (GPAC) is an advisory committee established by
the Mayor and City Council to assist with the update of the City's comprehensive
General Plan. The General Plan Advisory Committee serves as an important
component of the public participation program providing one of the prima ry
communication channels for the community making recommendations to the Planning
Commission and the Mayor and City Council. Meetings of the GPAC will be open and
public in accordance with the Brown Act.
The composition of the General Plan Advisory Comm ittee is under consideration at
tonight’s meeting by the Mayor and City Council. However, while that final
determination is made, it is critical for the Council to appoint members to the body to
ensure it will have sufficient quorum to conduct its importa nt business. In accordance
with the City Charter and the City's Municipal Code, appointees must be residents of the
City of San Bernardino. Appointees should be able to clearly articulate the community
perspective and/or the area of the City in which they live.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
7
Packet Pg. 92
7384
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. James L. Mulvihill to the General Plan
Advisory Committee representing Ward 4 with the term ending December 2022. Council
Staff has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission application - Mr. James L. Mulvihill
Attachment 2 Resolution No. 2021-02
Ward: 4
Synopsis of Previous Council Action:
January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory
Committee was adopted.
7
Packet Pg. 93
7.a
Packet Pg. 94 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.a
Packet Pg. 95 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.a
Packet Pg. 96 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.b
Packet Pg. 97 Attachment: Attachment 2 - Resolution No. 2021-02 (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.b
Packet Pg. 98 Attachment: Attachment 2 - Resolution No. 2021-02 (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.b
Packet Pg. 99 Attachment: Attachment 2 - Resolution No. 2021-02 (7384 : General Plan Advisory Committee Appointment (Ward 4))
7.b
Packet Pg. 100 Attachment: Attachment 2 - Resolution No. 2021-02 (7384 : General Plan Advisory Committee Appointment (Ward 4))
Page 1
Discussion
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Eric McBride, Interim Chief of Police
Subject: Transfer Gun Buyback Funding (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and consider options for reprogramming the unused funding
appropriated for the gun buyback program in FY 2020/21 to su pport other safety and
homeless service outreach programs.
Background
At the request of the Mayor and City Council, the Police Department proposed a gun
buyback program to reduce violent crime in the City. On February 3, 2021, the Mayor
and City Council adopted Resolution No. 2021-20, authorizing the Director of Finance to
amend the FY 2020/21 Adopted Budget appropriating an additional $30,000 and to
issue purchase orders not to exceed $30,000 for the purchase of gift cards to support
the City’s gun buyback program.
On March 2, 2021, the Police Department conducted a gun buyback event as directed.
The Department purchased $8,000 in gift cards from Stater Bros and $4,500 from local
businesses. During the event, the Department purchased twenty-three operable
firearms and two inoperable firearms for a cost of $2,000 in gift cards.
Stater Bros refunded the remaining $6,200 worth of gift cards, leaving the Department
with $4,300 worth of gift cards from local businesses and $23,700 remaining in account
number 001-210-0001*5181. On May 5, 2021, the Mayor and City Council requested
that the Department propose options for the remaining funds to be used for community
enrichment.
Discussion
The Department has identified three options to use the remaining fund s. The first option
is to transfer the remaining funds from the Police Department to the City's Violence
Intervention Program (VIP), which operates out of the City Manager’s Office. The VIP is
a two-pronged approach to prevent violent crime that uses both law enforcement efforts
and the following community-based outreach strategies:
Violence intervention and prevention services
8
Packet Pg. 101
7335
Page 2
Crises response and rumor control
Conflict mediation and resolution
Proactive community engagement
Sit-downs, community BBQs, and sports
Custom notifications
Customized case management
Mentoring and connection pro-social activities
Educational and workforce development
The VIP can use the remaining funds to support several community outreach functions.
Particularly, the gifts cards can be used to reward participants for achieving milestones
and encourage program participation. VIP would use the remaining funds to support the
programs goals to transform participants from a criminal lifestyle. The funding would be
used for several needs, such as assisting victims' families during outreach, purchasing
clothing for participants to attend job interviews, and purchasing training for VIP
participants.
The second option is to transfer the remaining funds from the Police Department to the
Community and Economic Development Department, where the funds can be
reallocated to one or several of the non-profit organizations they work with for
community enrichment purposes to include, but not limited to the purchase of motel
vouchers, meal cards, bus passes, and hygiene kits.
The third option would return the remaining $23,700 to the City's general fund where it
may be appropriated during the annual budget process based upon organizational
needs. Under the third option the remain ing $4,300 in gift cards will be signed over to
the appropriate Department at the Mayor and City Council's direction to support
additional community outreach efforts.
Fiscal Impact
The financial impact to the City is a transfer of $23,700 from the police department’s
budget to the appropriate department or budget as directed by Mayor and City Council.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and consider options for reprogramming the unused funding
appropriated for the gun buyback program in FY 2020/21 to support other safety and
homeless service outreach programs.
Attachments
None
Ward: All
Synopsis of Previous Council Actions:
February 3, 2021 The Mayor and City Council adopted Resolution No. 2021-20,
authorizing the Director of Finance to amend the FY 2020/21
8
Packet Pg. 102
7335
Page 3
Adopted Budget to issue purchase orders not to exceed $30,000
for the purchase of gift cards to support the City’s gun buyback
program.
8
Packet Pg. 103
Page 1
Discussion
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: General Plan Status Update and General Plan Advisory
Committee Composition (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the update on the General Plan; and
2. Adopt Resolution No. 154, repealing Resolution No. 2021 -02 and re-establishing
the General Plan Advisory Committee.
Background
On September 16, 2020, the Mayor and City Council authorized the execution of a
contract with PlaceWorks for professional planning services to assist the City with the
preparation of not only the General Plan, but also the creation of a Downtown Specific
Plan and an update to the Development Code.
On December 15, 2020, an internal kickoff meeting was conducted between t he City
staff and the PlaceWorks project team. To discuss the Scope of Work and finalize the
overall anticipated Project Schedule. Subsequent to this meeting, PlaceWorks has
created the City’s General Plan webpage FutureSB2050.com as a critical component of
the public participation program.
On January 20, 2021, the City Council adopted Resolution No. 2021 -02 establishing the
General Plan Advisory Committee.
On February 11, 2021, the City conducted a General Plan Introductory Workshop with
the Mayor and the City Council. This was the first of many workshops that will be held
regarding the General Plan, Downtown Specific Plan and the Development Code.
At the March 17, 2021, Mayor and City Council meeting, staff provided an update to the
Mayor and City Council on the launch of the City’s General Plan webpage -
FutureSB2050.com.
9
Packet Pg. 104
7377
Page 2
Discussion
The following summarizes the key work tasks completed and in -progress for the
preparation of the updated General Plan, Downtown Specific Plan, and Development
Code as of June 7, 2021.
Existing Conditions Background Report. The Existing Conditions Report (ECR)
provides the foundation for development of the General Plan’s and Specific Plan’s
physical plans (land use, mobility, infrastructure) and the goals, objectives , policies, and
implementation programs for each plan element (or chapter), and as the “Existing
Setting” section of the Program Environmental Report. In general topics addressed
include the built environment (land use, housing, and historic properties), i nfrastructure
and public services (mobility infrastructure, police and fire, parks and recreation, and
education), economy and jobs (local economy and market demand), community
(population and equity, environmental justice and health), natural environment
(biological and cultural resources, hydrology and water quality, air quality, and climate
change), and hazards and vulnerability (noise, geologic and seismic hazards, flooding,
fire, and wind). Research, analyses, and documentation are substantially compl ete,
based on data and studies provided by the City, communication with external entities,
and original investigation. Limited additional analyses are required for selected topics
such as risk vulnerability and housing needs. Draft sections of the ECR will be
submitted for City staff review during June and July.
Public Participation Strategy. The comprehensive public participation program has
been initiated and will continue through the duration of the planning program. This
includes the development of master schedules for public participation activities for both
plans; logo distinctly identifying the project (see the header above); launch of the project
website (futuesb2050.com) providing information about the objectives of the planning
program, processes, meeting and workshop notices, resource documents, and an initial
survey; participation in a series of community events introducing the project and
discussing how the public can continue to participate; preparation of advertising flyers,
including an insert for the June water bill, and initial social media postings; and
development of and installation of street banners (initial locations on 2 nd Street and
Perris Hill). Participation materials are being produced in English and Spanish.
A “kick-off” pop-up workshop will be conducted concurrent with the Food Fest on June
26 on Court Street and the team will participate in the Back to School Extravaganza
hosted by the San Bernardino Unified School District on July 27 th (tentative). Other
events and meetings will be scheduled during this period.
In June and July, initial meetings of the General Plan and Downtown Advisory
Committees are scheduled to take place. The ability to move forward with holding these
meetings is contingent upon the Mayor and City Coun cil making the necessary
appointments in time. Without these appointments, the project will be delayed. At
present, only six (6) appointments have been made to the General Plan Advisory
Committee (GPAC) with two (2) additional appointments to be considere d on June 16th.
Similarly, only three (3) appointments have been made to the Downtown Advisory
9
Packet Pg. 105
7377
Page 3
Committee with two appointments to be considered for June 16th. Without a quorum of
the committee members, the City will be unable to proceed with holding commi ttee
meetings.
Project Management and Administration. City staff and the PlaceWorks team
conduct twice-weekly coordination calls to discuss and plan for overall project
management and public engagement activities. These meetings have been key in
moving the project forward in preparation of meeting with the City Council and
Community at large.
Next Steps. On completion of the Existing Conditions Report, the project team’s focus
will be on the development of a new Vision Statement that will serve a s the foundation
for plan content. Its content will be driven largely by the input from a robust program of
public meetings and events (as listed in the master public participation schedule).
City staff will identify a mechanism through which the City’s e lected officials can meet
with the Placeworks team. This will be the Mayor and City Council’s opportunity to
share their thoughts with Placeworks on the future growth and development of the City,
as well as other topical areas. Some of the thoughts and c oncerns currently raised by
Council have included the positive and negative impacts of the warehouse industry,
green building, energy efficiency and focus on renewable energy, improved quality of
development throughout the community etc. The Mayor and Cit y Council should
prepare to meet and discuss their thoughts on the community with Placeworks.
General Plan Advisory Committee (GPAC) Update. A component of the General
Plan update process and creation of the Downtown Specific Plan is the establishment of
Advisory Committees by the Mayor and City Council. On January 20, 2021, the City
Council adopted Resolution No. 2021-02 establishing the General Plan Advisory
Committee. The Resolution posted with the agenda packet called for 16 members with
two (2) members representing each City Council Ward and two (2) at large members
recommended by the Mayor. At the request of the Mayor a modification to the
composition of the Committee was recommended for consideration, adding an
additional at large appointee and providing for an odd number of members. While the
revised staff report and Resolution were distributed to the Mayor and City Council by
email in advance of the January 20, 2021 City Council meeting along with an
explanation of the change, the change was not announced at the meeting and the
revised Resolution showing the change in membership was not posted on -line for public
review. For this reason, the Resolution adopted on January 20 will need to be repealed
and replaced. Furthermore, given the large number of committee members and the
delay in having members appointed to the committee we have been unable to hold a
GPAC meeting. Nine (9) members constitute a quorum of a 16 or 17 member
committee. Due to the difficulty of filling all of the existing ap pointments, staff
recommends utilizing this opportunity to alter the composition of the GPAC committee to
include eight (8) voting members and eight (8) alternate members with two (2) members
appointed for each council ward and two (2) at large representat ives recommended by
the Mayor. With this structure, five (5) members will represent a quorum and the GPAC
meetings can proceed. If the proposed structure is approved by the Mayor and City
9
Packet Pg. 106
7377
Page 4
Council, staff will return with an appointment list at the next regu lar Council meeting
designating the voting an alternate members for those individuals that have already
been appointed to the Committee.
2020-2025 Key Strategic Targets and Goals
The General Plan update aligns with Key Target No. 4: Ensure Development of a Well-
Planned, Balanced, and Sustainable City. Specifically, the update to the General Plan
and Development Code will establish new long-range planning tools that establish
comprehensive development policies and land use regulations facilitating planne d
growth in the City. The Downtown Specific Plan will also serve as the guiding document
for future development within the downtown core and facilitate the redevelopment of the
Carousel Mall property. General Plan webpage serves as an important component of
the public participation program.
Fiscal Impact
The status report on the update to the General Plan project will have no additional fiscal
impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino ,
California:
1. Receive and file the update on the General Plan; and
2. Adopt Resolution No. 154, repealing Resolution No. 2021 -02 and re-establishing
the General Plan Advisory Committee.
Attachment
Attachment 1 Resolution No. 2021-154
Attachment 2 Resolution No. 2021-02
Ward: All
Synopsis of Previous Council Actions:
September 16, 2020 Mayor and City Council authorized the execution of a
contract with PlaceWorks for professional planning services
to assist the City with the preparation of not only the General
Plan, but also the creation of a Downtown Specific Plan and
an update to the Development Code.
January 20, 2021 Mayor and City Council adopted Resolution No. 2021-02
establishing the General Plan Advisory Committee.
9
Packet Pg. 107
RESOLUTION NO. 2021-154
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REPEALING RESOLUTION NO. 2021-02 AND
ESTABLISHING THE GENERAL PLAN ADVISORY
COMMITTEE
WHEREAS, the existing City of San Bernardino General Plan was adopted in 2005;
and
WHEREAS, the Mayor and the City Council have authorized the comprehensive update
of the General Plan, the preparation of a Downtown Specific Plan and the update to the
Development Code; and
WHEREAS, on September 16, 2020, the City Council authorized the execution of a
contract with PlaceWorks for professional planning services to assist the City with the
preparation of the above for mentioned tasks; and
WHEREAS, the General Plan Advisory Committee is intended to be an advisory
committee created for the purpose of advising City staff, participating in public outreach and
community forums, and making recommendations to the Planning Commission and the Mayor
and City Council on various components of the overall project; and
WHEREAS, the City Council of the City of San Bernardino desires to formalize the
creation of a General Plan Advisory Committee, including the purpose and role of the
committee, the number of members and the term, as set forth in this resolution; and
WHEREAS, on January 20, 2021, Resolution 2021-02 establishing the General Plan
Advisory Committee was adopted however the change in the committee membership from 16 to
17 members presented for consideration was not clearly identified and posted prior to the
adoption of the Resolution; and
WHEREAS, there is a need to ensure that the composition of the Committee is clarified;
and
WHEREAS, there has been a challenge getting a sufficient number of members
appointed to the committee necessary to hold a committee meeting; and
WHEREAS, there is a need to begin holding committee meetings as soon as possible in
order to ensure that the General Plan process can move forward expeditiously as planned; and
WHEREAS, a change in the membership composition to include eight (8) voting
members and eight (8) alternate members will provide for two (2) members representing each
ward and two (2) at large members recommended by the mayor while enable the committee to
hold meetings with fewer total members present.
9.a
Packet Pg. 108 Attachment: Attachment 1 - Resolution No. 2021-154 [Revision 1] (7377 : General Plan Status Update and General Plan Advisory Committee
Resolution No. 2021-154
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 2021-02 is hereby repealed. All members appointed to the
GPAC since Resolution No. 2021-02 shall remain on the GPAC re-established by this
Resolution. Where two members have been appointed for a single ward, the nominating council
member may select which member shall serve as the primary member and which member shall
serve as the alternate member of the GPAC.
SECTION 2. The City Council hereby forms the General Plan Advisory Committee
(GPAC), which shall be an advisory body to the Planning Commission and, ultimately, to the
Mayor and City Council. The GPAC shall operate as follows:
1. Purpose
The purpose of the GPAC is to actively participate, engage community members and
provide recommendations to City staff and the consulting team regarding specific
focus areas that relate to the elements under consideration for inclusion in the General
Plan. This participation assists City staff and the consulting team in the development
of the City’s future long-term goals and policies that carry out the community’s
vision for the future. The GPAC will also assist in evaluating amendments to the
Development Code that are intended to carry out these long-term goals and policies.
The formulation of modern development concepts and standards will contribute to the
creation of successful implementation tools.
2. Role
The GPAC is an advisory committee established by the Mayor and City Council to
assist with the update to the City’s comprehensive General Plan. The GPAC serves
as an important component of the public participation program providing one of the
primary communication channels for the community making recommendations to the
Planning Commission and the Mayor and City Council.
Committee members will participate in a series of meetings to help shape the draft
plan by providing informed and innovative input to the project team. Members are
requested to provide feedback and guidance throughout the General Plan Update.
Members are on the GPAC so that they may provide a community perspective on
policies and programs proposed for the updated General Plan.
Participation by the members in the Committee is temporary and will terminate when
a new General Plan is adopted by the City Council. It is anticipated that the process
will take from 24 to 36 months to complete.
3. Appointment and Makeup
The GPAC will be made up of a total 16 members. Each City Council member will
appoint 2 members. One appointment will be a voting member and the other will be
9.a
Packet Pg. 109 Attachment: Attachment 1 - Resolution No. 2021-154 [Revision 1] (7377 : General Plan Status Update and General Plan Advisory Committee
Resolution No. 2021-154
an alternate for each of the Council Wards. The Mayor would be allowed two at
large representatives with one serving as a voting member and one serving as an
alternate member. Appointees shall be a resident of the Cit y of San Bernardino. The
perspective individuals should be able to clearly articulate the community perspective
and/or the area of the City in which they live. As individual appointments are
considered, please take into account their education, work experience and background
and how they will be valuable in the update process. Some of the experience that
would be considered beneficial includes land use, planning, engineering, architecture,
environmental, real estate, housing development and programming, social services
administration, transportation etc. Each member of the Committee shall serve
without compensation and without reimbursement for expenses.
4. Meetings; Appointment of Chair/Vice Chair; Attendance
Meetings of the GPAC shall be open and public in accordance with the Brown Act.
At the first meeting of the General Plan Advisory Committee, a Chair and Vice Chair
shall be selected by the Committee at large to manage the meetings.
The GPAC members are expected to regularly attend meetings and public workshops.
However, it is understood that on occasion, a Committee member may not be able to
attend a meeting. Three absences in a calendar year may subject the member to
expulsion from the GPAC.
Alternate members may vote only in the absence of the voting member.
5. Powers of the Mayor and City Council and Planning Commission
Nothing in this Resolution shall be construed as restricting or curtailing any of the
powers of the Mayor and City Council and Planning Commission, or as a delegation
to the GPAC of any of the authority or discretionary powers vested and imposed by
law in such bodies.
SECTION 2. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
9.a
Packet Pg. 110 Attachment: Attachment 1 - Resolution No. 2021-154 [Revision 1] (7377 : General Plan Status Update and General Plan Advisory Committee
Resolution No. 2021-154
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC
City Clerk
Approved as to form:
__________________________________
Sonia Carvalho
City Attorney
9.a
Packet Pg. 111 Attachment: Attachment 1 - Resolution No. 2021-154 [Revision 1] (7377 : General Plan Status Update and General Plan Advisory Committee
Resolution No. 2021-154
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the 16th day of June 2021 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of June 2021.
______________________________
Genoveva Rocha, CMC
City Clerk
9.a
Packet Pg. 112 Attachment: Attachment 1 - Resolution No. 2021-154 [Revision 1] (7377 : General Plan Status Update and General Plan Advisory Committee
9.b
Packet Pg. 113 Attachment: Attachment 2 - Resolution No. 2021-02 (7377 : General Plan Status Update and General Plan Advisory Committee Composition (All
9.b
Packet Pg. 114 Attachment: Attachment 2 - Resolution No. 2021-02 (7377 : General Plan Status Update and General Plan Advisory Committee Composition (All
9.b
Packet Pg. 115 Attachment: Attachment 2 - Resolution No. 2021-02 (7377 : General Plan Status Update and General Plan Advisory Committee Composition (All
9.b
Packet Pg. 116 Attachment: Attachment 2 - Resolution No. 2021-02 (7377 : General Plan Status Update and General Plan Advisory Committee Composition (All
Page 1
Discussion
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Potential Amendments to the FY 21/22 Adopted Budget and
Measure S Committee Recommendations (All War
Recommendation
Review and provide direction to staff regarding amendments to the FY 2021/22 Adopted
Budget requested by members of the City Council for consideration and receive
recommendations from the Measure S Committee.
Background
As the City moves into a two-year budget cycle beginning in FY 2022/23, staff will be
bringing recommended amendments to the budget with each quarterly and semi -annual
budget report to Council. The budget can be amended at any time as revenue
expectations fluctuate and service needs change. Given that the City of San Bernardino
relies heavily on sales tax, which is a naturally volatile revenue stream, it is important for
staff and Council to stay abreast of changes and make adjustments throughout the year
as necessary.
The recent reduction in the sales tax revenue forecast for FY 2021/22 may not be the
last change on the horizon. Senate Bill 792 is examining a change that reallocated
some sales tax receipts throughout the state which added about $4 million to the City of
San Bernardino’s revenue projections for FY2021/22. This bill doesn’t make any
adjustments; however, the State may elect to make adjustments to the allocation of
sales tax that could negatively impact the City going forward. On the other hand, the
City is seeing significant development interest; a leading indicator of economic growth
and potential additional revenue for the future. Staff will continue to monitor
development activity closely and work with experts to evaluate strategies to capture new
revenue that can benefit the community. Part of staff’s quarterly reports to Council will
be revenue updates including economic conditions and proposed legislation that
impacts the City.
Discussion
On June 2nd, staff presented a series of packages for Council’s consideration to satisfy
the requests that were made on May 13th. As Council has already received a detailed
presentation and report on those items, staff thought it prudent to condense and
summarize the series of options in order to assist the Council in identifying their key
10
Packet Pg. 117
7395
Page 2
priorities to be added to the budget at this time. Attachment 1 to this Staff Report is a
summary table of the Council requests and staff alternatives, and the June 2nd Staff
Report with detailed explanations and descriptions of the costing of each item is
included as Attachment 2.
The FY 2021/22 budget, as approved for adoption on June 2, includes total General
Fund expenditures of $153.4 million. If Council were to adopt a budget including all of
the May 13 requests, the City’s General Fund amended operating budget would total
$165.5 million. Revenues are projected at $174.4 million; however, this amount includes
Measure S revenue, $25.7 million of which is committed to capital projects, creating a
deficit of $16.8 million. At this level of spending, the City would be forced to dip into the
Economic Contingency Reserve, which is required by policy to be maintained at 10% of
the City’s Operating Budget. These reserves are intended to offset unexpected
economic challenges that impact revenues, like the COVID -19 pandemic, or the 2008
recession. Using reserves, a one-time source of money, to fund new ongoing
expenditures places the City in a position of uncertainty for the long-term sustainability
of services important to the community.
Additional critical considerations are the items that are not included in the current
budgeted expenditures that will impact ongoing costs.
Unknowns:
1. Negotiations with labor groups including implementing of the classification and
compensation study for the City's non safety personnel are not complete. The
final agreements will have a direct impact on the FY 2021/22 budget.
2. Rising costs of construction for capital projects. As the country comes out of the
COVID-19 pandemic, public entities throughout the country are investing in
infrastructure projects. While the City’s capital improvement cost estimates
include escalators and contingencies, competition for scarce resources
(contractors and materials) will drive costs higher.
Additional items to be considered for funding that are not included in the cost projects
due to the need for additional analysis include:
1. Trash Can Pilot Program. A full pilot program and costs will be presented at the
first quarter budget report.
2. Street Sweeping Pilot Program. A full pilot program and costs will be presented
at the first quarter budget report.
3. Right of Way Maintenance Program. Options and costs for a ROW maintenance
program will be presented at the first quarter budget report.
4. Clean-Up San Bernardino Campaign. Options for partnerships and a
program/campaign will be presented at the first quarter budget report.
5. Funding a Liability Reserve (reserve to be $5 million)
6. Cross St. Bridge - a structural engineer will evaluate the bridge for stability to
determine whether it should be repaired or replaced
7. Fencing at Hillside Drive and Fairfax Drive
8. Rehabilitation of pavement on the 2800 block of N. Crescent Ave.
9. City Council Meeting Translation/ and Interpreter Services.
10
Packet Pg. 118
7395
Page 3
Any additions to the Proposed Budget should be considered in light of the long -term
financial sustainability of the City. While revenue streams are in flux right now, the City
is nevertheless making investments in key service areas and infrastructure that will
have a major impact on the quality of life for residents of San Bernardino. The Proposed
Budget includes funds to align existing fees and charges with costs, and investment in
new software systems will significantly improve staff efficiency and responsiveness.
Infrastructure investment in streets, parks, libraries and other community assets are at a
higher level than the City has seen in decades. Following is a brief review of the key
service area and capital investments:
Code Enforcement: Three (3) additional Code Enforcement Officers (CEOs) for
a total of 12.
Currently there are nine authorized CEO positions, and hiring is underway to fill
the three positions authorized at Mid-Year and a position recently vacated. With
only five CEOs in place, the Division is struggling to keep up with work. When
these positions and the additional three in the Proposed Budget are hired and a
full complement of twelve CEOs is working (more than double the current staff
level) enforcement will improve dramatically.
Business Registration: Two (2) additional Inspectors for a total of 6.
There are currently four Business Registration Inspectors who work on rental
property, and commercial-based business enforcement, including sidewalk
vending. The two additional inspectors in the Proposed Budget will be dedicated
to evening and weekend enforcement, primarily for sidewalk vending.
Police Department: Four (4) additional Police Dispatchers and 3 Additional
Police Records Technicians.
The Police Dispatch Center averages over 505,000 calls annually. The addition
of qualified Police Dispatchers and Records Technicians will improve
responsiveness to calls and requests for records and information.
Libraries: Four (4) additional Library Technicians for a total of 5, an increase in
part-time funds, investment in new furniture, shelving and media, and increasing
branch hours from 20 to 40 hours per week.
Improving the City’s libraries has a direct impact on the commun ity, enabling
residents to access information, meet people, take part in activities and find
needed resources. Libraries are a hub of any community; they exist to serve
everyone, providing critical resources to immigrants and underserved
communities.
Capital Improvements:
Nearly $30 million in streets improvement projects throughout the City.
10
Packet Pg. 119
7395
Page 4
More than $9 million in improvements to the City’s parks, including perimeter
fencing at Seccombe Lake Park, Pioneer Cemetery, and Rudy Hernandez
Community Center.
ADA and other improvements to City libraries.
Restoration of Street Lighting for pedestrian and motorist safety.
These are just a few of the service and capital improvements in the Proposed Budget.
There are also investments in Animal Services, Pub lic Works and other departments
that will positively impact the community.
Measure S Update and Committee Formal Recommendations:
With the reduction in the revenue forecast, the FY 2021/22 Budget relies more heavily
on Measure S revenue for ongoing operat ions than originally recommended. Staff had
recommended that ongoing operations be funded by Measure S in an amount
equivalent to Measure Z, or one-quarter of Measure S receipts. Measure S is
anticipated to yield $41 million in FY 2021/22, of which $10.3 m illion was to be
dedicated to ongoing operations. The proposed budget added significantly to existing
services, and with the reduction in Sales and Use Tax of $12 million dollars, the use of
Measure S funds for operations has increased to $19.8 million.
The Measure S Committee was consulted on June 3, 2021 , where they were given an
update from the June 2nd Mayor and City Council meeting and asked for additional
feedback and any formal recommendations for the Mayor and City Council. The
Measure S Committee voiced their support for the FY 2021/22 Proposed Budget as
presented and voted on by Council at the June 2 meeting. They reiterated the formal
recommendation made to the Mayor and City Council on August 19, 2020 , that Measure
S funds should be spent in keeping with the City’s priorities including a balanced
distribution of resources to support:
Public safety, emergency response and violence intervention services
Cleaner and safer neighborhoods
Retaining and attracting new businesses
Street, park and library maintenance/improvements
Youth, senior, and homeless service programs
The Committee also voted to make the following formal recommendations to the Mayor
and Council:
1. Capital Improvement Projects funded with Measure S should be equitable a cross
the City and benefit all residents by being evenly distributed amongst the wards;
streets projects should be prioritized based on the Pavement Management
System.
2. The City should develop and provide real time reporting on measureable
performance outcomes for programs supported by Measure S funds to improve
accountability.
3. Request for Council to allocate up to $10,000 from Measure S funds for youth
sports and recreational programming and activities. These funds may be used to
10
Packet Pg. 120
7395
Page 5
provide stipends to cover participation costs and to provide support staff for youth
sports and recreational programs, in place of depending upon volunteers.
Fiscal Impact
It is important to note that the addition of all of the items requested by the Mayor and
City Council for consideration would result in the exhaustion of the undesignated fund
balance, the unallocated Measure S balance, as well as a significant portion of the
City’s Economic Contingency reserve. Given the uncertainty with respect to the City’s
revenues right now, staff recommends taking a cautious, phased approach to the
incorporation of any additional ongoing operational expenditures.
The table below represents the City’s projected ending fund balance depending on the
actions that the Council elects to take tonight. The column titled “City Council
Requested Additions” shows the impact on reserves if all $12.2 million in additional
items were approved, while the column titled “June 2 nd Approved Budget” shows the
impact on reserves if no additional items are approved. Based on this table, it may
appear that $4.8 million in Measure S reserves is available to dedicate to various items
before the City is no longer in compliance with its reserve policy. However, for every
dollar that increases the Operating Budge t, the City must reserve 25% per the reserve
policy. Therefore the actual amount that could be appropriated, while still maintaining
compliance with the reserve policy is $3.8 million, and this amount does not take into
account the items that have not been fully costed or are as yet unknown but will have an
impact on the budget, discussed above on page 2.
FY 2021/22 General Fund Overview
Year-End
Projections
FY 2020/21
May 13th
Proposed
Budget
June 2nd
Approved
Budget
City Council
Requested
Additions
Beginning General Fund Balance 33,822,411 47,905,880 47,905,880 47,905,880
Revenues 151,610,366 186,413,192 174,416,673 174,416,673
Operating Expenditures (137,526,897) (152,701,673) (153,404,684) (165,600,614)
Operating Surplus 14,083,469 33,711,519 21,011,989 8,816,059
CIP Expenditures, Measure S (22,075,000) (25,720,000) (25,720,000)
Contribution (Use of) General Fund Reserve 14,083,469 11,636,519 (4,708,011) (16,903,941)
Projected General Fund Reserve 47,905,880 59,542,399 43,197,869 31,001,939
Fund Balance Designations
Operating Reserve:
Emergency Reserve - 15% of Adopted Budget 19,601,987 22,905,251 23,010,703 24,840,092
Economic Contingency Reserve - 10% of Adopted Budget 13,067,991 15,270,167 15,340,468 * 6,161,847
Sub - Total Budgeted Reserves 32,669,978 38,175,418 38,351,171 31,001,939
Measure S Unallocated 8,000,000 16,687,342 4,846,698
Undesignated 7,235,902 4,679,639
Projected Ending General Fund Reserves 47,905,880 59,542,399 43,197,869 31,001,939 *With the additions, the Economic Contingency Reserve would drop to 3.7%.
10
Packet Pg. 121
7395
Page 6
Conclusion
Review and provide direction to staff regarding amendments to th e FY 2021/22 Adopted
Budget requested by members of the City Council for consideration and receive
recommendations from the Measure S Committee.
Attachments
Attachment 1 Summary of Council Requested Additions and Staff Alternatives
Attachment 2 June 2, 2021 Staff Report, Costing of Council Recommended
Additions to FY 2021/22 Operating and Capital Budget
10
Packet Pg. 122
Attachment 1
Council Addition Cost Staff Alternative Cost
Code Enforcement, Staff
7 Code Enforcement Officers
2 Code Enforcement Support Staff
2 Business Registration Inspectors
1 Economic Development Manager
1 Engineering Associate
$ 1,553,040
Code Enforcement, Staff
1 Code Enforcement Officer
1 Administrative Assistant $198,000
Police, Staff
20 Patrol Officers
4 Sergeants
2 Lieutenants
4 Community Service Officers- Civilian Support Staff
2 Criminal Investigation Officers- Civilian Support Staff
2 Forensic Specialists- Civilian Support Staff
6,435,990
Police, Staff
4 Community Service Officers- Civilian
Support Staff
2 Criminal Investigation Officers- Civilian
Support Staff
2 Forensic Specialists- Civilian Support
Staff
887,120
Three mobile camera units ($28k each) 84,000 None -
City Jail Reopener and Contract Transport Services 1,240,000 None -
Diversity Inclusion Officer 156,500 Diversity Inclusion Officer 156,500
Contribution to risk management reserve, until $5M reached 1,250,000 Evaluate and determine seed funding source and
funding method -
One Assistant City Manager 261,400 One Assistant City Manager 261,400
Addition funding for the Violence Intervention Program 250,000 Fund at $150,000 150,000
Annual allocation to the California Theater/SB Symphony 75,000 Defer until rehabilitation of Theatre is complete -
Two Pool Maintenance Coordinators 140,000 None -
Additional Parks Security 150,000 Additional Parks Security 150,000
Additional funding for Public Works equipment 600,000 Additional funding for Public Works equipment 600,000
Total Additional Cost to the General Fund $12,195,930 Total Additional Cost to the General Fund $2,403,020
10.a
Packet Pg. 123 Attachment: Attachment 1 - Summary of Requests and Alternatives (7395 : Potential Amendments to the
10.b
Packet Pg. 124 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 125 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 126 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 127 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 128 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 129 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 130 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 131 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 132 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 133 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 134 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 135 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 136 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 137 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 138 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 139 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 140 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 141 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 142 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 143 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
10.b
Packet Pg. 144 Attachment: Attachment 2 - June 2, 2021 FY2021.22 Budget Report (7395 : Potential Amendments to the FY 21/22 Adopted Budget and Measure
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Approval of FY 2021/22 Proposed Operating Budget, CIP &
Appropriations Limit Calculation (All Wards)
Recommendation
Adopt Resolution No. 2021-138 of the Mayor and City Council of the City of San
Bernardino, California approving the City of San Bernardino’s Operating Bu dget and
Capital Improvement Program (CIP) for FY 2021/22 and establishing the City’s
Appropriations Limit as required by Article XIII of the California State Constitution.
Background
This year’s budget kicked off in February, where direction was provided to departments
relative to the development of their respective budgets. Meetings with Departments, the
Finance Department, and the City Manager’s Office to review departmental submittals
have been on-going since that time.
The FY 2021/22 Proposed Operating and Capital Budget document was presented to
the Mayor and City Council on May 13, 2021 and to the Measure S Committee on May
17, 2021. At the May 13th meeting, the Mayor and City Council Members enumerated
additional items for both the operating and capital budgets that staff has now developed
the costs for FY 2021/22 as well as the long-range impact on the financial health of the
City. Those additional requested items, as well as an update to the City’s projected
revenues for FY 2021/22 were presented to the Mayor and City Council on June 2,
2021 and to the Measure S Committee on June 3, 2021. The Mayor and City Council
voted to approve the previously presented FY 2021/22 Proposed Operating and Capital
Budget, with a few revisions detailed below, and ag reed to discuss the remaining
requested items as potential amendments on June 16, 2021, after the Public Hearing on
the FY 2021/22 Budget Adoption, and formal adoption of the FY 2021/22 Operating and
Capital Budget.
Council Revisions to the FY 2021/22 Proposed Operating and Capital Budget:
1. Reduce the Mayor’s Budget in the following amounts:
a. Materials and Supplies, reduce from $9,000 to $2,000
b. Advertising, reduce from $10,000 to $1,700
c. Dues & Subscriptions, reduce from $28,000 to $12,000
11
Packet Pg. 145
7394
Page 2
d. Meetings & Conferences, reduce from $10,000 to $4,000
e. Printing, reduce from $6,000 to $1,000
f. Professional/Contractual, reduce from $11,000 to $0
2. Reduce the City Council’s Budget in the following amount:
a. Postage from $4,800 to $700
Total Reductions: $57,400
3. The addition of three Parking Enforcement Officers, for a cost of $259,000.
4. An additional $3,645,000 in Capital Improvement Projects.
Staff has also revised the budget to match what Mayor and City Council approved on
June 2, 2021 for the Annual Action Plan, reallocating the CalPERS Unfunded Actuarial
Liability that was included in the Proposed Budget in CDBG and HOME Funds, and
instead charging it to the General Fund. The total amount that was added to the
General Fund for this was $150,524.
Discussion
While Mayor and City Council voted to approve the FY 2021/22 budget as it was
discussed at the June 2, 2021 meeting, there were a few items missing that are needed
in order to formally adopt the budget. These items include the public he aring, the budget
adoption resolution, and the approval of the appropriations limit. All of these will be
satisfied tonight, and staff recommends formally adopting the budget. Another item in
tonight’s agenda will include the continued conversation about a dditions to be
considered.
The Measure S Committee met on June 3 and voted in support of the Proposed FY
2021/22 Operating and Capital Budget as it was discussed on June 2. The Committee
also provided formal recommendations for the Mayor and City Council in regard to the
allocation and use of Measure S funds. These recommendations are laid out in detail for
Council consideration as part of their discussion of possible amendments to the FY
2021/22 Adopted Budget.
FY 2021/22 Appropriations Limit Calculation
Article XIIIB of the California Constitution restricts the growth in appropriations for cities
and other local jurisdictions to a combination of population and pricing growth
percentages as calculated by the State’s Department of Finance. The factors for
making the calculation for the 2021/22 fiscal year are a 5.73% increase for the change
in per capita income and 0.17% for population growth. Together, these factors create a
combined change factor of 1.05909741 increasing the prior year’s limit of $387,9 19,788
to a new limit for FY 2021/22 of $410,844,843. The budgeted Proceeds from Taxes
number from the Proposed Operating Budget, subject to the limit is: $145,068,536, an
amount under the limit by $265,776,307.
Financial Impact
11
Packet Pg. 146
7394
Page 3
The table below represents the City’s projected ending fund balance after the changes
made to the original proposed budget that Mayor and City Council approved on June 2,
2021. The “Updated Proposed Budget” column shows the impact on reserves with the
budget as is. Based on this table, it may appear that $4.8 million in Measure S reserves
is available to dedicate to various items before the City is no longer in compliance with
its reserve policy. However, for every dollar that increases the Operating Budget, the
City must reserve 25% per the reserve policy; therefore, the actual amount that could be
appropriated, while still maintaining compliance with the reserve policy is $3.87
million.
FY 2021/22 General Fund Overview
Year-End
Projections
FY 2020/21
May 13th
Proposed
Budget
June 2nd
Approved
Budget
Beginning General Fund Balance 33,822,411 47,905,880 47,905,880
Revenues 151,610,366 186,413,192 174,416,673
Operating Expenditures (137,526,897) (152,701,673) (153,404,684)
Operating Surplus 14,083,469 33,711,519 21,011,989
CIP Expenditures, Measure S (22,075,000) (25,720,000)
Contribution (Use of) General Fund Reserve 14,083,469 11,636,519 (4,708,011)
Projected General Fund Reserve 47,905,880 59,542,399 43,197,869
Fund Balance Designations
Operating Reserve:
Emergency Reserve - 15% of Adopted Budget 19,601,987 22,905,251 23,010,703
Economic Contingency Reserve - 10% of Adopted Budget 13,067,991 15,270,167 15,340,468
Sub - Total Budgeted Reserves 32,669,978 38,175,418 38,351,171
Measure S Unallocated 8,000,000 16,687,342 4,846,698
Undesignated 7,235,902 4,679,639
Projected Ending General Fund Reserves 47,905,880 59,542,399 43,197,869
Conclusion
It is recommended that the Mayor and City Council Adopt Resolution No. 2021 -138
of the Mayor and City Council of the City of San Bernardino, California approving
the City of San Bernardino’s Operating Budget and Capital Improvement Program
(CIP) for FY 2021/22 and establishing the City’s Appropriations Limit as required by
Article XIII of the California State Constitution, and authorizing the Finance Director
to amend the FY 2021/22 Budget to fund the recruitment costs for positions, as
needed, using the salary savings of those positions, and authorizing the carryover
of encumbrances and unexpended appropriations for authorized but uncompleted
projects, upon approval by the City Manager. These carryovers apply only to
existing contracts, open purchase orders and ongoing incomplete projects with
funds committed for payment. Unencumbered funds remaining in operating budgets
may not be carried over.
11
Packet Pg. 147
7394
Page 4
Attachments
Attachment 1 Resolution 2021-138
Attachment 2 FY 2021/22 Updated Proposed Operating and Capital Budget
Attachment 3 Proof of Public Hearing Notice
Ward: All
Synopsis of Previous Council Actions:
May 13, 2021 Mayor and City Council received a presentation on the FY 2021/22
Proposed Operating and Capital Budget.
June 2, 2021 Mayor and City Council received a presentation on the FY 2021/22
Proposed Operating and Capital Budget.
11
Packet Pg. 148
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AND ADOPTING THE CITY OF SAN
BERNARDINO’S OPERATING BUDGET AND CAPITAL
IMPROVEMENT PLAN (CIP) FOR FISCAL YEAR 2020/21
AND ESTABLISHING THE CITY’S APPROPRIATION
LIMIT AS REQUIRED BY ARTICLE XIII B OF THE
CALIFORNIA STATE CONSTITUTION, AND
AUTHORIZE THE FINANCE DIRECTOR TO AMEND
THE FY 2020/21 BUDGET TO FUND THE RECRUITMENT
COSTS FOR DEPARTMENT DIRECTOR POSITIONS, AS
NEEDED, USING THE SALARY SAVINGS OF THOSE
POSITIONS AND AUTHORIZE THE CARRYOVER OF
ENCUMBRANCES AND UNEXPENDED
APPROPRIATIONS FOR AUTHORIZED BUT
UNCOMPLETED PROJECTS, UPON APPROVAL BY THE
CITY MANAGER.
WHEREAS, the proposed FY 2021/22 Operating Budget and CIP provide for service
levels necessary to respond to protect the health, safety and welfare of the community, which are
deemed appropriate by the Mayor and City Council and provides a workforce to accomplish said
service priorities; and
WHEREAS, Article XIII B of the Constitution of the State of California as proposed by
the initiative Measure approved by the people at the special statewide election held on November
6, 1979, provides that the total annual appropriations subject to limitation of each local
government shall not exceed the appropriations limit of such entity for the prior year adjusted for
changes in the cost of living and population except as otherwise specifically provided for in said
Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the
governing body of each local jurisdiction shall, by resolution establish its appropriations limit for
the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or noticed
special meeting.
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. That the Mayor and City Council approve the 2021/22 Operating Budget
and CIP. Total Estimated Revenue included in the Budget is $305,016,717. Total appropriations
in the Operating Budget are $211,953,041; and total appropriations in the CIP Budget total
$52,911,051.
11.a
Packet Pg. 149 Attachment: Attachment 1 - Resolution 2021-138: Approval of FY 2021/22 Proposed Operating Budget, CIP & Appropriations Limit Calculation
Resolution No. ___
SECTION 3. That the Appropriations Limit for the City of San Bernardino as
established in accordance with Article XIII B of the Constitution of the State of California and
detailed as Exhibit “B” is $410,844,843.
SECTION 4. That the Finance Director is authorized to amend the FY 2021/22 Budget
to use salary savings to fund recruitment costs for positions, as needed.
SECTION 5. At the close of the fiscal year unexpended appropriations in the operating
budget will be encumbered as necessary to underwrite the expense of outstanding purchase
commitments. Unexpended appropriations for authorized but uncompleted projects as approved
by the City Council may be carried forward to the next succeeding budget upon approval of the
City Manager.
SECTION 6. 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 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
11.a
Packet Pg. 150 Attachment: Attachment 1 - Resolution 2021-138: Approval of FY 2021/22 Proposed Operating Budget, CIP & Appropriations Limit Calculation
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
11.a
Packet Pg. 151 Attachment: Attachment 1 - Resolution 2021-138: Approval of FY 2021/22 Proposed Operating Budget, CIP & Appropriations Limit Calculation
Attachment 2 - FY 21/22 Updated Proposed Operating and Capital Budget
Due to the size of the attachment it is being provided via a Dropbox link.
https://www.dropbox.com/sh/kyxv49id6vcwybx/AA
Bxu8AMH6x7W4O77X0Mengua?dl=0
11.b
Packet Pg. 152 Attachment: Attachment 2 - FY 21/22 Updated Proposed Operating and Capital Budget [Revision 3] (7394 : Approval of FY 2021/22 Proposed
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN
BERNARDINO COUNTY SUN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
Shelby Burguan
SAN BERNARDINO CITY FINANCE
290 NORTH "D" ST -THIRD FLOOR
SAN BERNARDINO, CA 92418
HRGSB NOTICE OF HEARING-SB
NOTICE OF HEARING FOR FY 2021/22 OPERATING BUDGET AND
CAPITAL IMPROVEMENT PLAN
06/13/2021
Publication
Total
$387.20
$387.20
Notice Type:
Ad Description
COPY OF NOTICE
3479902
!A000005742440!
The charge(s) for this order is as follows. An invoice will be sent after the last
date of publication. If you prepaid this order in full, you will not receive an
invoice.
11.c
Packet Pg. 153 Attachment: Attachment 3 - Notice of Public Hearing (7394 : Approval of FY 2021/22 Proposed Operating Budget, CIP & Appropriations Limit
NOTICE OF HEARING FOR FY 2021/22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PLAN
In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the Mayor and City Council meeting is not open for public attendance at this time. All meetings will be held via tele-conference.
The City of San Bernardino encourages the public to view this Mayor & City Council meeting on television or online. The meeting is broadcast live on Time Warner Channel 3 or Charter Spectrum Channel 3 and live streamed online at
http://sanbernardinocityca.iqm2.com/Citizens/default.aspx
Members of the public who wish to comment on matters before the Mayor & City Coun-cil may participate in the following ways:
Submit a written comment online via http://sbcity.tiny.us/comments;
Or
Email your written comment to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes before 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date and that your comment is for the Public Hearing for the FY 2020/21 Operating Budget and Capital Improvement Plan.
Or
Send an email to publiccomments@sbcity.org before 4:00 p.m. the day of the sched-uled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak for up to three-minutes.
Written comments will be provided to the Mayor and City Council prior to the meet-ing and will be posted online for public review but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting.
Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received past the deadline will not be played during the meeting.
NOTICE IS HEREBY GIVEN THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, WILL HOLD A PUBLIC HEARING TO RECEIVE INPUT ON, AND CONSIDER THE ADOPTION OF ITS FISCAL YEAR 2021/22 OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM
DATE, TIME, LOCATION: Wednesday, June 16, 2021, at 7:00 p.m. remotely through Web Conference via Zoom. Visit the City’s agenda portal at http://sanbernardinocityca.iqm2.com/Citizens/default.aspx to access the Zoom Conference for the meeting. The Mayor and City Council encourage all citizens to attend the Budget & CIP Hearing.
If you have a disability and require reasonable accommodations, including interpret-ers, to fully participate in this public hearing, please contact the City Clerk’s Office at (909) 384-5002, at least two business days prior to the meeting.
ANY INTERESTED PARTY MAY SEND ANY PUBLIC COMMENTS TO THE CITY COUNCIL BY EMAILING PUBLICCOMMENTS@SBCITY.ORG. A copy of the Pro-posed Operating Budget and Capital Improvement Plan are available for review on-line at the City’s website: http://sbcity.org/cityhall/city_managers_office/budget_books/default.asp CNSB#3479902
11.c
Packet Pg. 154 Attachment: Attachment 3 - Notice of Public Hearing (7394 : Approval of FY 2021/22 Proposed Operating Budget, CIP & Appropriations Limit
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Resolution Confirming Assessments for Unpaid Solid Waste
Collection Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2021-137 of the Mayor and City Council of the City of San
Bernardino, California, making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
Background
On April 1, 2016, as part of the City of San Bernardino’s Bankruptcy Recovery Plan, the
City of San Bernardino contracted with Burrtec Waste Industries to provide solid waste,
recycling, and right of way clean up services.
San Bernardino Municipal Code Section 8.24.050 provides that in the event the bill for
solid waste collection service together with any late charge thereon is not paid in full
within thirty days after the date of mailing the notice of delinquency to the property
owner and tenant pursuant to Chapter 8.24.050(B), the franchised hauler may assign
such bill to the City for collection through the initiation of lien and special assessment
proceedings.
Discussion
On May 20, 2021, pursuant to Chapter 8.24.050 of the Municipal Code, an
Administrative Hearing was held to hear protests and resolve any inconsistencies or
inequities prior to this Public Hearing before the Mayor and City Council. Each affected
property owner and tenant were notified of the Administrative Hearing. Seven
individuals submitted public comments by email. Six individuals spoke with Burrtec
representatives to address delinquent billings. One individual personally appeared
before the hearing officer.
Over the course of the last two months, a number of customers have either made
12
Packet Pg. 155
7277
Page 2
payment arrangements or paid their delinquencies in full. These customers have been
removed from the list of properties to be assessed. The attached delinquency list is
current as of June 10, 2021, for consideration by the Mayor and City Council.
A resolution has been prepared confirming the placement of liens on app roximately
1,800 accounts and authorizing the subsequent assessment for all fees and charges,
should they remain unpaid at the time of submission to the County Assessor. Staff
recommends that, as authorized by San Bernardino Municipal Code, the Mayor and C ity
Council conduct a Public Hearing to consider the placement of liens against the
delinquent properties identified in Exhibit A and adopt a resolution authorizing the filing
of liens against certain properties for delinquent solid waste accounts with the San
Bernardino County Auditor Controller-Recorder. Exhibit A identifies delinquent
properties identified as of June 10, 2021.
2020-2025 Key Strategic Targets and Goals
Confirming assessments and proceedings for unpaid solid waste collection services i s
consistent with Key Target No 1a: Secure a long-term revenue source as the collection
of unpaid Solid Waste fees enables the Waste Hauler to continue providing mandatory
waste removal services throughout the City despite non -paying customers.
Fiscal Impact
No fiscal impact to the City. As of June 10, 2021, the total of proposed liens on the
parcel list is $574,195.16. The proposed placement of assessments on the listed
properties ensures that the City of San Bernardino and Burrtec Waste are able to
recover the amounts owed for services provided to the customers.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2021-137 of the Mayor and City Council of the City of San
Bernardino, California, making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
Attachments
Attachment 1 Resolution No. 2021-137
Attachment 2 Exhibit A Delinquent Properties Parcel List as of June 10, 2021
Attachment 3 Hearing Notice Proof of Mailing April 30, 2021
Attachment 4 Notice of Administrative Hearing on Special Assessment and Lien
S.B.M.C. 8.24.050 February 2018 - January 2021
Attachment 5 Notice of Delinquency S.B.M.C. 8.24.050 City of San Bernardino
Attachment 6 Sample Invoice
Attachment 7 City of San Bernardino Municipal Code Section 8.24.040
Attachment 8 City of San Bernardino Municipal Code Section 8.24.050
Attachment 9 Administrative Hearing Order
12
Packet Pg. 156
7277
Page 3
Wards: All
Synopsis of Previous Council Action:
March 06, 2017 The Public Hearing was opened and continued to the Mayor and
City Council meeting of March 20, 2017.
March 20, 2017 Resolution No. 2017-50 was approved authorizing the Placement of
Liens for Solid Waste Accounts delinquent as of the Second
Quarter 2016, Third Quarter 2016, October 2016, and November
2016.
May 15, 2017 Resolution No. 2017-87 was approved authorizing the Placement of
Liens for Solid Waste Accounts delinquent as of December 2016
and January 2017.
July 18, 2018 Resolution No. 2018-213 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2017
through January 2018.
July 17, 2019 Resolution No. 2019-181 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2017
through January 2019.
July 1, 2020 Resolution No. 2020-151 was approved authorizing the Placement
of Liens for Solid Waste Accounts delinquent as of February 2019
through January 2020.
12
Packet Pg. 157
RESOLUTION NO. 2021-___
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING DETERMINATIONS AND CONFIRMING
ASSESSMENTS AND PROCEEDINGS FOR UNPAID
SOLID WASTE COLLECTION SERVICES
WHEREAS, to protect the health, safety, and welfare of the residents of the City of San
Bernardino (“City”), and pursuant to San Bernardino Municipal Code (“SBMC”) section
8.24.040(B) every occupied premises in the City is required to have solid waste collection
service; and
WHEREAS, on January 25, 2016 the Mayor and City Council approved, by Resolution
2016-10, a ten-year agreement (“Franchise Agreement”) with Burrtec Waste Industries, Inc.
(“Franchised Hauler”) to provide solid waste collection services to the City; and
WHEREAS, pursuant to section 21.11.1 of the Franchise Agreement, the Franchised
Hauler may not discontinue service for residential premises for nonpayment; and
WHEREAS, pursuant to SBMC section 8.24.050, and provisions of state law including
Government Code section 25831, the Franchised Hauler may assign accounts delinquent greater
than sixty (60) days to the City to be placed on the annual secured property tax rolls and that any
amounts owing would then become a lien on the property; and
WHEREAS, pursuant to SBMC section 8.24.050(B)(1) the Franchised Hauler sent
notices to property owners and occupants with accounts delinquent more than forty-five (45)
days informing the property owners and occupants of the delinquent amount and that failure to
pay that amount within fifteen (15) days of the notice could result in a special assessment and
lien upon the property as well as a ten-percent (10%) penalty and one and one-half percent
(1.5%) monthly interest charge; and
WHEREAS, pursuant to SBMC section 8.24.050(C) the Franchised Hauler assigned the
delinquent accounts to the City; and
WHEREAS, pursuant to SBMC section 8.24.050(D) the City Manager, through the
Director of Public Works, prepared a report of delinquency and initiated proceedings to create a
special assessment and lien on the properties with delinquent accounts; and
WHEREAS, pursuant to SBMC section 8.24.050(E) the City Manager, through the
Director of Public Works, sent notices to the owners and occupants of properties with delinquent
accounts giving at least ten (10) days’ notice that an administrative hearing had been set before
the Hearing Officer for May 20, 2021 at 10:00 a.m. in the Board Room at 201 N. “E” Street,
Third Floor, San Bernardino California and that a public hearing had been set before the Mayor
and City Council for June 16, 2021 at 7:00 p.m. in the Council Chambers at 555 W. 6th Street,
San Bernardino California; and
12.a
Packet Pg. 158 Attachment: Attachment 1 - Resolution No. 2021-137: Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards) (7277 :
WHEREAS, pursuant to SBMC section 8.24.050(F) the Hearing Officer for the City of
San Bernardino, at the aforementioned date, time and place, held an administrative hearing; and,
WHEREAS, during the aforementioned administrative hearing, all appeals, protests, or
objections, if any, were duly presented and the Hearing Officer gave all persons noticed and
present desiring to be heard, an opportunity to be heard in respect to any matter relating to said
assessments, to the corrections of said assessments, or to any matter relating to said assessments
or the proceedings therefore; and
WHEREAS, pursuant to SBMC section 8.24.050(G) the Mayor and City Council for the
City of San Bernardino, at the aforementioned date, time and place, held a public hearing; and
WHEREAS, during the aforementioned public hearing, all appeals, protests, or
objections, if any, were duly presented and the Mayor and City Council gave all persons noticed
and present desiring to be heard, an opportunity to be heard in respect to any matter relating to
said assessments, to the corrections of said assessments, or to any matter relating to said
assessments or the proceedings therefore; and
WHEREAS, all such persons desiring to be heard have been heard by the Mayor and
City Council and the Mayor and City Council are fully informed of the premises.
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. That said administrative and public hearings have been duly held; that each
and every step in the proceedings prior to and including the public hearing has been properly and
regularly taken; that this Mayor and City Council are satisfied with the correctness of the
assessments; the proceedings and all matters relating thereto; and that all protests, objections, or
appeals are hereby overruled and denied; and the Mayor and City Council do hereby confirm
said proceedings and said assessments.
SECTION 3. That the fees for solid waste collection shall be assessed against the
benefitting property and shall be assessed as a lien on the property benefited thereby, which lien
shall be included on the tax roll for taxes levied against the property.
SECTION 4. That the prorated first year interest @ 1.5% per month and a penalty of
10% of lien unpaid balance will be added to the delinquent amounts and assessed against the
benefitting properties.
SECTION 5. That additional interest shall be charged by the County of San Bernardino
if the balance remains unpaid for more than one year.
12.a
Packet Pg. 159 Attachment: Attachment 1 - Resolution No. 2021-137: Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards) (7277 :
SECTION 6. That the parcels to be liened and the amount of said lien are set forth on
Exhibit “A” attached hereto and made a part thereof.
SECTION 7. 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 8. 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 9. 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 __________, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
12.a
Packet Pg. 160 Attachment: Attachment 1 - Resolution No. 2021-137: Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards) (7277 :
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. ____, adopted by the City Council of the City of San Bernardino, California, at a
regular meeting held at the ___ day of _______, 2021 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
____________________________________
Genoveva Rocha, CMC, City Clerk
12.a
Packet Pg. 161 Attachment: Attachment 1 - Resolution No. 2021-137: Confirming Assessments for Unpaid Solid Waste Collection Services (All Wards) (7277 :
12.b
Packet Pg. 162 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 163 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 164 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 165 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 166 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 167 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 168 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 169 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 170 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 171 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 172 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 173 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 174 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 175 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 176 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 177 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 178 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 179 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 180 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 181 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 182 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 183 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 184 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 185 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 186 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 187 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 188 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 189 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 190 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 191 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 192 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 193 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 194 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 195 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 196 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 197 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 198 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 199 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 200 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 201 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 202 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 203 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 204 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 205 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.b
Packet Pg. 206 Attachment: Attachment 2 - Exhibit A Delinquent Properties Parcel List as of June 10, 2021 (7277 : Resolution Confirming Assessments for
12.c
Packet Pg. 207 Attachment: Attachment 3 - Hearing Notice Proof of Mailing April 30, 2021 (7277 : Resolution Confirming Assessments for Unpaid Solid Waste
12.d
Packet Pg. 208 Attachment: Attachment 4 - Notice of Administrative Hearing on Special Assessment and Lien S.B.M.C. 8.24.050 February 2018 - January 2021
12.e
Packet Pg. 209 Attachment: Attachment 5 - Notice of Delinquency S.B.M.C. 8.24.050 City of San Bernardino (7277 : Resolution Confirming Assessments for
12.f
Packet Pg. 210 Attachment: Attachment 6 - Sample Invoice (7277 : Resolution Confirming Assessments for Unpaid Solid Waste Collection Services (All
12.g
Packet Pg. 211 Attachment: Attachment 7 - City of San Bernardino Municipal Code Section 8.24.040 (7277 : Resolution Confirming Assessments for Unpaid
12.g
Packet Pg. 212 Attachment: Attachment 7 - City of San Bernardino Municipal Code Section 8.24.040 (7277 : Resolution Confirming Assessments for Unpaid
12.g
Packet Pg. 213 Attachment: Attachment 7 - City of San Bernardino Municipal Code Section 8.24.040 (7277 : Resolution Confirming Assessments for Unpaid
12.h
Packet Pg. 214 Attachment: Attachment 8 - City of San Bernardino Municipal Code Section 8.24.050 (7277 : Resolution Confirming Assessments for Unpaid
12.h
Packet Pg. 215 Attachment: Attachment 8 - City of San Bernardino Municipal Code Section 8.24.050 (7277 : Resolution Confirming Assessments for Unpaid
12.h
Packet Pg. 216 Attachment: Attachment 8 - City of San Bernardino Municipal Code Section 8.24.050 (7277 : Resolution Confirming Assessments for Unpaid
12.h
Packet Pg. 217 Attachment: Attachment 8 - City of San Bernardino Municipal Code Section 8.24.050 (7277 : Resolution Confirming Assessments for Unpaid
12.i
Packet Pg. 218 Attachment: Attachment 9 - Administrative Hearing Order (7277 : Resolution Confirming Assessments for Unpaid Solid Waste Collection
12.i
Packet Pg. 219 Attachment: Attachment 9 - Administrative Hearing Order (7277 : Resolution Confirming Assessments for Unpaid Solid Waste Collection
12.i
Packet Pg. 220 Attachment: Attachment 9 - Administrative Hearing Order (7277 : Resolution Confirming Assessments for Unpaid Solid Waste Collection
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Edelia Eveland, Director of Human Resources
Subject: Approving Job Descriptions and Classifications and
Amending the Salary Schedule (All Wards)
Recommendation
Adopt Resolution No. 2021-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the job descriptions and classifications f or Lead
Animal Control Officer and Economic Development Project Manager; amending the
citywide salary schedule for full-time, part-time, temporary, and seasonal positions; and
repealing Resolution No. 2021-32.
Background
One of the City’s top priorities is to improve government operations by enhancing
service delivery and increasing organizational efficiency and effectiveness. As such,
staff is recommending the establishment of two classifications within the departments of
Animal Services and Community & Economic Development.
Discussion
The proposed Lead Animal Control Officer will provide lead direction in the enforcement
of city and state ordinances governing citizen ownership of animals as well as assisting
with the scheduling, training and monitoring of the Animal Control Officers and Sr.
Customer Service Representative/Dispatcher. This position will be a classified position
in the General Unit with a salary range of 437 at $3,925 - $4,771/month.
The proposed Economic Development Project Manager in th e Community and
Economic Development department will provide professional level assistance in the
creation and implementation of economic development strategies, research and
implementation of efforts to attract, retain and grow business and industry withi n the
City. This position will be a classified position in the Management/Confidential unit,
salary range 560 at $7,249-$8,811/month.
As changes are made to salaries or classifications, the City is required to adopt a
revised salary schedule in a public meeting. The salary schedule meets the California
Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in
accordance to Government Code Section 20636 defining “Compensation Earnable” and
the California Code of Regulations (CCR) Section 570.5.
13
Packet Pg. 221
7064
Page 2
2020-2025 Key Strategic Targets and Goals
Establishing the proposed classifications and amending the salary schedule aligns with
Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the
City to improve service delivery and function more efficiently.
Fiscal Impact
There is no fiscal impact to the City to establish the job descriptions and classifications.
Funding for these positions is being addressed as part of the budget process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-139, approving the job descriptions and
classifications for Lead Animal Control Officer and Economic Development Project
Manager; amending the City-wide salary schedule for full-time, part-time, temporary,
and seasonal positions; and repealing Resolution No. 2021 -32.
Attachments
Attachment 1 Resolution 2021-139
Attachment 2 Exhibit A - Proposed Job Descriptions
Attachment 3 City-wide Salary Schedule
Ward: n/a
Synopsis of Previous Council Actions:
February 17, 2021 Mayor and City Council adopted Resolution No. 2021-32 amending
the City-wide salary schedule for full-time, part-time, temporary,
and seasonal positions; and repealing Resolution No. 2020 -293.
13
Packet Pg. 222
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE JOB DESCRIPTIONS AND
CLASSIFICATIONS FOR LEAD ANIMAL CONTROL
OFFICER AND ECONOMIC DEVELOPMENT PROJECT
MANAGER; AND AMENDING THE CITY-WIDE SALARY
SCHEDULE FOR FULL-TIME, PART-TIME,
TEMPORARY, AND SEASONAL POSITIONS AND
REPEALING RESOLUTION NO. 2021-32
WHEREAS, the Lead Animal Control Officer will be a classified position in the General
unit, responsible for providing lead direction in the enforcement of city and state ordinances and
governing citizen ownership of animals with the City;
WHEREAS, the Economic Development Project Manager will be an classified position
in the Management/Confidential group, responsible for providing professional level assistance in
the creation and implementation of economic development strategies, research and
implementation of efforts to attract, retain and grow business and industry within the City;
WHEREAS, the salary schedule includes all adopted and approved classifications and
salaries;
WHEREAS, sworn employee compensation will continue to be consistent with the City
of San Bernardino Police Department monthly pay rate table including the timing of the pay
rates as noted in the document and incorporated into the comprehensive City-wide salary
schedule; and
WHEREAS, the salary schedule meets the California Public Employees’ Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The classification of Lead Animal Control Officer, Range 1437, $3,925 -
$4,771/month and the job description for said position, attached hereto as Exhibit “A” is hereby
established and approved.
SECTION 3. The classification of Economic Development Project Manager, Range
4560, $7,249-$8,811/month and the job description for said position, attached hereto as Exhibit
“A” is hereby established and approved.
13.a
Packet Pg. 223 Attachment: Attachment 1 - Resolution 2021-139 Approving Job Descriptions and Classifications and Amending the Salary Schedule (All
Resolution No. ___
SECTION 4. The City-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “B” is hereby approved.
SECTION 5. Resolution No. 2020-293 is hereby repealed.
SECTION 6. 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 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
13.a
Packet Pg. 224 Attachment: Attachment 1 - Resolution 2021-139 Approving Job Descriptions and Classifications and Amending the Salary Schedule (All
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 225 Attachment: Attachment 1 - Resolution 2021-139 Approving Job Descriptions and Classifications and Amending the Salary Schedule (All
PROPOSED
City of San Bernardino: Lead Animal Control Officer Page 1 of 3
Lead Animal Control Officer
Department: Animal Services Bargaining Unit: General
Salary Range: 437 Date Created: 12/2020
FLSA Status: Non-Exempt Date Modified:
Job ID: 30113
Position Summary
Under limited supervision, the Lead Animal Control Officer provides lead direction in the
enforcement of city and state ordinances governing citizen ownership of animals within the City
of San Bernardino. Investigates reports of animal cruelty, abandonment, patrols assigned areas,
and collects and transports animals to the City Animal Shelter.
Distinguishing Characteristics
This is the advanced journey level within the Animal Services Department. Incumbents are
responsible for performing lead and complex animal control duties. Incumbents have frequent
interactions with the public to explain laws and regulations relating to the care and control of
animals and may issue citations and/or notices in connection with violations. Work requires the
application of approved methods, techniques, and devices in the pickup and capture of injured,
sick and vicious animals to avoid or minimize personal risk. Incumbents may perform field
euthanasia as required and will provide training and assistance to other Officers.
Job Responsibilities
Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of
the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are
not limited to, the following:
•Organizes, coordinates, and performs patrols work for assigned areas; captures wild, stray,
and unlicensed animals for impounding; assists other agencies such as police department,
CHP, code compliance and school districts with issues involving domestic and wild animals.
•Investigates complaints from the public and other agencies regarding nuisance, stray,
uncontrolled, dangerous, wild or diseased animals; investigates animal bites, arranging for
proper identification and quarantine; approves and monitors home quarantine of biting
animals in accordance with regulations; transports sick and dead animals, as well as
unlicensed and stray animals to the City Animal Shelter.
•Investigates complaints regarding animal cruelty and neglect; inspects premises where
animals are kept to ensure that animals' food, water, sanitation and housing are adequate;
enforces City/State ordinances governing the keeping of animals; assists with challenging or
irate owners and lead level assistance for managing animals.
•Explains to the public laws and regulations relating to the care and control of animals, filing
of complaints and the operations and authorities of the animal shelter; investigates
complaints of stolen animals; ensures all files and cases are up to date and accurate.
EXHIBIT A 13.b
Packet Pg. 226 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
City of San Bernardino: Lead Animal Control Officer Draft 2 | Page
•Prepares and submits investigative reports and daily activity reports; collects evidence on
animal-related cases and appears in court when required; issues citations for violations of
laws and regulations; testifies in court regarding citations and disposition of complaints.
•Performs humane euthanasia in the field and at the shelter under authorized circumstances,
using approved methods; under emergency situations, destroys dangerous or grossly
injured animals in the field, or arranges for destruction.
•Conducts inspections of animal facilities, including pet stores, circuses, petting zoos and
swap meets for correct and up-to-date permits; conducts presentations or training on animal
control issues and behavior at public schools, neighborhood associations, and businesses.
•Trains and supports other control officers; participates in performance evaluations as
needed; provides work assignments and monitors schedules.
•Performs other duties as assigned.
Job Requirements
Knowledge of –
•Basic species and breed identification for a variety of domestic and wild animals.
•Symptoms and behaviors associated with rabies and other common animal diseases.
•Animal behavior for common domestic and wild animals.
•Proper animal-handling methods, techniques, and equipment including methods for the
capture of sick, injured, or vicious animals.
•Approved euthanasia methods and procedures, including the use of controlled substances.
•State and City laws and regulations pertaining to the proper care and control of animals.
•Safe work methods and safety regulations pertaining to animal control field operations.
•Training and educational skills.
•Record keeping methods and radio dispatch procedures
•Appropriate procedures for issuing citations and testifying in court.
Skill in –
•Handling, capturing, and controlling animals humanely and effectively under stressful or
emergency conditions.
•Assessing animal behavior and make effective decisions regarding handling, capturing or
destroying the animal.
•Identifying symptoms and behaviors associated with common zoonosis, including rabies,
distemper, parvo, upper respiratory infections, parasites and other domestic and wild animal
diseases.
•Utilizing and maintaining a variety of animal control tools and equipment.
•Safely operating assigned vehicles.
•Learning the street layout and topography of the City of San Bernardino and assigned
contract municipalities.
•Administering euthanasia in a humane and gentle manner.
•Understanding and following oral and written instructions.
•Estimating necessary materials and equipment to complete assignments.
•Exercising independent judgment and initiative without close supervision.
•Preparing basic records and reports.
•Reading and interpreting laws, regulations, manuals and other materials.
•Employing safe work methods and safety regulations in field operations.
•Working effectively with other employees and providing training and assistance for officers.
13.b
Packet Pg. 227 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
City of San Bernardino: Lead Animal Control Officer Draft 3 | Page
•Communicating clearly and concisely
•Establishing and maintaining effective relationships.
•Providing customer service.
Education and Experience:
High School diploma or G.E.D.; AND three (3) years of experience in the care and handling of
animals in a kennel, veterinary or related field; or an equivalent combination of training and
experience.
Licenses, Certifications, and Equipment:
A valid State driver’s license is required.
PC 832
Euthanasia Certificate
Physical Requirements and Work Environment: The employee frequently works in extreme
outside weather conditions and on slippery and uneven surfaces. The employee is often
exposed to dangerous, injured, or diseased animals. The employee is frequently exposed to wet
or humid conditions, fumes or airborne articles, toxic or caustic chemicals, zoonotic and other
communicable diseases. The noise level in the work environment is frequently loud within
confined areas. While performing the duties of this job, the employee is frequently required to
use hands to finger, handle, feel or operate objects, tools or controls; and reach with hands and
arms. The employee is frequently required to climb, balance, stoop, kneel, crouch, crawl, walk,
sit, talk and hear. The employee must regularly lift and/or move up to 50 pounds and
occasionally up to 100 pounds. Specific vision abilities required by this job include close vision,
distance vision, color vision and the ability to adjust focus.
13.b
Packet Pg. 228 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
PROPOSED
City of San Bernardino: Economic Development Project Manager Draft Page 1 of 3
Economic Development Project Manager
Department: Community & Economic Development Bargaining Unit: Management
Salary Range: 560 Date Created: 12/2020
FLSA Status: Exempt Date Modified: 6/2021
Job ID:
Position Summary
Under limited direction, the Economic Development Project Manager coordinates and provides
professional level assistance in the creation and implementation of economic development
strategies, research, and implementation of efforts to attract, retain, and grow business and
industry within the City.
Distinguishing Characteristics
This is a single professional position within the Community and Economic Development
Department. Incumbent is responsible for coordinating services, strategies, and the
management programs and complex project of the Community and Economic Development
Department. The incumbent provides leadership and direction to other Economic Development
staff and works to enhance the City’s business and industry relationships.
Job Responsibilities
Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of
the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are
not limited to, the following:
Plans, develops, manages, and organizes activities related to business recruitment and
growth to attract, create, and retain jobs; provides the business community and individual
organizations information and assistance to promote and market the City as a favorable
environment in which to establish and build industries and businesses.
Manages complex land development projects coordinating efforts between development
entities/applicants and internal and external public agencies.
Coordinates efforts and information with various City departments to identify, attract, retain,
manage, and assist business and industry; demonstrates continuous effort to improve
operations, decrease turnaround times, streamline work processes, and work cooperatively
and jointly to provide quality seamless customer service; assists businesses with all required
registration and permitting processes.
Researches companies and industries; responds to inquiries and requests from economic
development stakeholders; develops and prepares marketing materials and packets to
include community, economic, statistical, financial, demographic, and other site-specific
information for dissemination to potential clients.
Prepares and presents economic development incentives and agreements; exercises
independent judgment within general policy guidelines to meet established goals, objectives,
and directives; reviews, recommends, and manages project plans, reports, and procedures;
sets project priorities and assures project deadlines and performance standards are met.
13.b
Packet Pg. 229 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
City of San Bernardino: Economic Development Project Manager Draft 2 | P a g e
Evaluates and analyzes City codes, policies, and issues to recommend and implement
revisions or solutions within scope of authority; ensures compliance with all laws, policies,
regulations, timelines, and goals; interprets statutes and regulations; coordinates programs
with local, state, Federal, and regional agencies.
Manages the collection, compilation, and presentation of project, operational, and financial
data; prepares and presents proposals and various special and recurring reports;
participates in various meetings with City Council, regional government organizations,
community groups, and state and Federal agencies.
Provides direction, management, and guidance on programs, activities, and issues;
coordinates projects, evaluates workload, and prioritizes and coordinates work assignments;
monitors workflow and accuracy of work to ensure the appropriate allocation of resources.
Trains, coaches, and instructs employees as required to accomplish required tasks and
duties; participates in staff evaluations with designated supervisor to provide impartial
feedback regarding performance.
Performs other duties as assigned.
Job Requirements
Knowledge of –
City, state, and federal statutes, rules, codes, and regulations relating to land use, planning,
development, economic development, environmental and film related productions.
Administrative management, project management, and personnel management.
General marketing, media, and public relations practices.
Economic development principles, practices, and implementation methods.
Area resources, physical locations, and landscapes; topographical and climatological
considerations.
Developing and implementing marketing plans; policies, rules and regulations governing the
conduct and safety of persons using municipal facilities, programs and equipment.
Purpose, use, and benefits of community programs and activities.
Community resources and support agencies.
Principles and techniques of records and program management.
Personal computers, and standard business software applications.
City policies and procedures to successfully meet established goals and objectives.
City human resources policies and labor contract provisions.
Skill in –
Assessing and prioritizing multiple tasks, projects, and demands.
Expressing oneself clearly and concisely orally, graphically and in writing.
Analyzing issues and making logical recommendations.
Handling details and achieving personal goals through personal effort.
Maintaining composure in difficult or tense situations.
Establishing and maintaining effective and appropriate working relationships.
Using initiative and independent judgment within established procedural guidelines.
Communicating effectively in a variety of public settings.
Preparing clear, concise, and comprehensive correspondence, reports, studies, and other
written materials.
Preparing illustrative graphic marketing materials to promote the best interests of the
community.
13.b
Packet Pg. 230 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
City of San Bernardino: Economic Development Project Manager Draft 3 | P a g e
Education and Experience:
Bachelor's Degree in Marketing, Journalism, Mass Communication, Economic Development,
Urban or Regional Planning, Business or Public Administration, Economics, or related field AND
three (3) years related professional experience in economic development, marketing, research,
business development, commercial real estate/development, urban planning, community
development or re-development; or a combination of education, training and experience.
Licenses, Certifications, and Equipment:
A valid State driver’s license is required.
Physical Requirements and Work Environment: The employee works under typical office
conditions, and the noise level is usually quiet. While performing the duties of this job, the
employee is regularly required to sit, stand and walk, talk or hear, both in person and by
telephone, use hands to finger, handle, and feel computers and standard business equipment,
operate a motor vehicle, and reach with hands and arms. Specific vision abilities required by
this job include close vision and the ability to adjust focus.
13.b
Packet Pg. 231 Attachment: Attachment 2 - Exhibit A - Proposed Job Descriptions [Revision 2] (7064 : Approving Job Descriptions and Classifications and
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 1 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
30011 ACCOUNTANT I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
30012 ACCOUNTANT II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
20013 ACCOUNTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT
30023 ACCOUNTING ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
10860 ACCOUNTING DIVISION MANAGER (U)608 $9,210.00 MONTHLY $11,195.00 MONTHLY MANAGEMENT
00861 ACCOUNTING MANAGER (U)554 $7,035.00 MONTHLY $8,552.00 MONTHLY NA
30019 ACCOUNTING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
10848 ADMINISTRATION DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT
10508 ADMINISTRATIVE ANALYST I (FLEX)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT
10506 ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT
10510 ADMINISTRATIVE ANALYST II 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT
10507 ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT
30709 ADMINISTRATIVE ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL
10094 ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,431.00 MONTHLY $4,170.00 MONTHLY CONFIDENTIAL
10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY CONFIDENTIAL
10078 ADMINISTRATIVE SERVICES MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT
10709 ADMINISTRATIVE SERVICES OFFICER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT
20457 ADMINISTRATIVE SERVICES SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
20332 ANIMAL CONTROL MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
30111 ANIMAL CONTROL OFFICER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
00013 ANIMAL LICENSE CHECKER NA $14.00 HOURLY $14.00 HOURLY NA
20339 ANIMAL LICENSE OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT
30119 ANIMAL SHELTER ATTENDANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
20338 ANIMAL SHELTER KENNEL SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT
20335 ANIMAL SHELTER OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT
10619 APPLICATIONS DEVELOPMENT MANAGER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT
00300 APPRENTICE NA $14.00 HOURLY $22.00 HOURLY NA
30400 ARBORIST 452 $4,230.00 MONTHLY $5,142.00 MONTHLY GENERAL
30894 ASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
30271 ASSISTANT BUYER 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT
10146 ASSISTANT CITY ATTORNEY (U)640 $10,804.00 MONTHLY $13,132.00 MONTHLY MANAGEMENT
10390 ASSISTANT CITY CLERK (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT
10644 ASSISTANT CITY MANAGER (U)705 $14,941.00 MONTHLY $18,159.00 MONTHLY MANAGEMENT
00212 ASSISTANT LITERACY PROGRAM COORDINATOR (GRANT FUNDED)384 $3,013.00 MONTHLY $3,663.00 MONTHLY NA
City of San Bernardino
Salary Schedule
EXHIBIT B 13.c
Packet Pg. 232 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 2 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
30168 ASSISTANT PLANNER (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
10104 ASSISTANT TO THE MAYOR I (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY MANAGEMENT
10105 ASSISTANT TO THE MAYOR II (U)480 $4,864.00 MONTHLY $5,912.00 MONTHLY MANAGEMENT
10106 ASSISTANT TO THE MAYOR III (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT
10107 ASSISTANT TO THE MAYOR IV (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
20169 ASSOCIATE PLANNER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
00194 BACKGROUND INVESTIGATOR NA $30.00 HOURLY $35.00 HOURLY NA
10062 BUDGET OFFICER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
10116 BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
20250 BUILDING INSPECTION SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT
30072 BUILDING INSPECTOR I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
30073 BUILDING INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
30074 BUILDING INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL
10500 BUILDING OFFICIAL (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT
30502 BUSINESS REGISTRATION INSPECTOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
20263 BUSINESS REGISTRATION MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT
30599 BUSINESS REGISTRATION REPRESENTATIVE 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
20271 BUYER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT
30292 CEMETERY CARETAKER 376 $2,896.00 MONTHLY $3,520.00 MONTHLY GENERAL
30640 CEMETERY SERVICES SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10145 CHIEF ASSISTANT CITY ATTORNEY (U)685 $13,522.00 MONTHLY $16,436.00 MONTHLY MANAGEMENT
10501 CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT
10398 CHIEF DEPUTY CITY CLERK (U)553 $7,000.00 MONTHLY $8,509.00 MONTHLY MANAGEMENT
50280 CHIEF OF POLICE P7 $23,260.00 MONTHLY $23,260.00 MONTHLY MANAGEMENT
10382 CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL
10383 CITY ATTORNEY INVESTIGATOR (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL
10399 CITY CLERK (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT
00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA
10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY NA
10158 CIVIL ENGINEER P.E.550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
10273 CODE ENFORCEMENT DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT
30450 CODE ENFORCEMENT OFFICER I 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30455 CODE ENFORCEMENT OFFICER II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
30460 CODE ENFORCEMENT OFFICER III 495 $5,242.00 MONTHLY $6,372.00 MONTHLY GENERAL
30451 CODE ENFORCEMENT PROCESSING ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL
30132 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30890 COMMUNITY DEVELOPMENT TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
30752 COMMUNITY ENGAGEMENT SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT
13.c
Packet Pg. 233 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 3 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
30754 COMMUNITY POLICING SPECIALIST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
20923 COMMUNITY RECREATION MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT
30821 COMMUNITY RECREATION PROGRAM COORDINATOR 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
10113 COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT
20504 COMMUNITY SERVICES CENTER SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT
30755 COMMUNITY SERVICES OFFICER I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
30757 COMMUNITY SERVICES OFFICER II 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30571 CONSTRUCTION INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30573 CONSTRUCTION INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
30574 CONSTRUCTION INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL
20424 CONSTRUCTION MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT
30635 COORDINATOR OF VOLUNTEERS (GRANT FUNDED)341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL
10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
30603 CRIME ANALYST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
00605 CRIME DATA TECHNICIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY NA
20600 CRIME FREE PROGRAM COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
30602 CRIMINAL INVESTIGATION OFFICER 415 $3,517.00 MONTHLY $4,275.00 MONTHLY GENERAL
00054 CUSTODIAL AIDE NA $14.00 HOURLY $14.00 HOURLY NA
20611 CUSTODIAL MAINTENANCE SUPERVISOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT
30621 CUSTODIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL
30222 CUSTOMER SERVICE REPRESENTATIVE 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
30100 DATA ANALYST 444 $4,065.00 MONTHLY $4,941.00 MONTHLY GENERAL
30010 DEPARTMENTAL ACCOUNTING TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
10651 DEPUTY CITY ATTORNEY I (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY CONFIDENTIAL
10661 DEPUTY CITY ATTORNEY II (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL
10659 DEPUTY CITY ATTORNEY III (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY CONFIDENTIAL
10658 DEPUTY CITY ATTORNEY IV (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY CONFIDENTIAL
10663 DEPUTY CITY CLERK (U)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL
10157 DEPUTY CITY ENGINEER 600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT
10372 DEPUTY CITY MANAGER (U)681 $13,255.00 MONTHLY $16,112.00 MONTHLY MANAGEMENT
10066 DEPUTY DIRECTOR OF FINANCE (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT
10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)637 $10,643.00 MONTHLY $12,937.00 MONTHLY MANAGEMENT
10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT
10400 DEPUTY LIBRARY DIRECTOR (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT
40466 DETECTIVE/CORPORAL P2 $8,075.00 MONTHLY $10,590.00 MONTHLY POLICE SAFETY
10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT
10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT
10711 DIRECTOR OF FINANCE (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT
13.c
Packet Pg. 234 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 4 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
10665 DIRECTOR OF HUMAN RESOURCES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT
10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT
10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT
10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT
10126 ECONOMIC DEVELOPMENT ANALYST (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT
PENDING ECONOMIC DEVELOPMENT PROJECT MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT
10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
30831 ELECTRICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
30841 ELECTRICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
10367 EMERGENCY OPERATIONS MANAGER 565 $7,432.00 MONTHLY $9,034.00 MONTHLY MANAGEMENT
30432 ENGINEERING ASSISTANT I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30434 ENGINEERING ASSISTANT II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
30436 ENGINEERING ASSISTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY GENERAL
20441 ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT
20444 ENVIRONMENTAL PROJECT MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
30439 ENVIRONMENTAL PROJECT SPECIALIST 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
20024 EQUIPMENT MAINTENANCE MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
20025 EQUIPMENT MAINTENANCE SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30921 EQUIPMENT MECHANIC I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30902 EQUIPMENT MECHANIC II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30943 EQUIPMENT SERVICE WORKER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
30707 EXECUTIVE ASSISTANT 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL
10978 EXECUTIVE ASSISTANT TO MAYOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
10981 EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL
10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
00083 EXTRA RELIEF HEAVY LABORER NA $14.00 HOURLY $14.00 HOURLY NA
10939 FACILITIES AND FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT
30623 FACILITIES MAINTENANCE MECHANIC 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
20092 FACILITIES MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT
10512 FINANCIAL ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT
30513 FLEET FABRICATION WELDER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
20940 FLEET OPERATIONS COORDINATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30506 FLEET PARTS STOREKEEPER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
30944 FLEET PARTS TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
10940 FLEET SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT
00259 FOOD SERVICE PROGRAM SPECIALIST NA $14.00 HOURLY $15.23 HOURLY NA
20066 FOOD SERVICE SUPERVISOR II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT
30165 FORENSICS SPECIALIST I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
30166 FORENSICS SPECIALIST II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
13.c
Packet Pg. 235 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 5 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
20167 FORENSICS SPECIALIST III 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
20490 FORESTRY SUPERVISOR 542 $6,627.00 MONTHLY $8,055.00 MONTHLY MIDDLE MANAGEMENT
10624 GIS ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL
10133 GRANTS ANALYST (U)540 $6,561.00 MONTHLY $7,975.00 MONTHLY CONFIDENTIAL
30098 GROUNDWORKER ARBORIST 392 $3,136.00 MONTHLY $3,812.00 MONTHLY GENERAL
30516 HAZMAT TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30112 HEAVY EQUIPMENT OPERATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
10121 HOUSING COMPLIANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT
10129 HOUSING DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT
10657 HUMAN RESOURCES ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL
10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT
30207 HUMAN RESOURCES TECHNICIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
30101 HVAC MECHANIC 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
20994 IEMG BROADCAST ENGINEERING COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
00355 IEMG/CATV PROGRAMMING/TRAFFIC ASSISTANT NA $14.03 HOURLY $17.05 HOURLY NA
10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL
10626 INFORMATION TECHNOLOGY ANALYST II 520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL
10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL
10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
10389 INFORMATION TECHNOLOGY TECHNICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL
30982 INTEGRATED WASTE FIELD INSPECTOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30637 LANDSCAPE INSPECTOR I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
30636 LANDSCAPE INSPECTOR II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
00308 LAW ENFORCEMENT TRAINEE NA $32.09 HOURLY $32.09 HOURLY NA
PENDING LEAD ANIMAL CONTROL OFFICER 437 $3,925.00 MONTHLY $4,771.00 MONTHLY GENERAL
30311 LEAD CUSTODIAN 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
30932 LEAD EQUIPMENT MECHANIC 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
30490 LEAD MAINTENANCE WORKER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30593 LEAD PARK CONSTRUCTION AND MAINTENANCE WORKER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30592 LEAD PARKS MAINTENANCE WORKER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
30897 LEAD STREET SIGN WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10319 LEGAL ADMINISTRATIVE ASSISTANT (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL
10322 LEGAL SECRETARY I (FLEX)(U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
10323 LEGAL SECRETARY II (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL
00210 LEGISLATIVE FIELD REPRESENTATIVE (U)426 $3,716.00 MONTHLY $4,516.00 MONTHLY NA
30335 LIBRARIAN I (FLEX)440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30366 LIBRARIAN II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
30384 LIBRARY ADMIN TECHNICIAN/WEBMASTER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
10412 LIBRARY ADMINISTRATIVE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT
30341 LIBRARY ASSISTANT 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL
20384 LIBRARY BRANCH MANAGER I 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
20214 LIBRARY BRANCH MANAGER II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
13.c
Packet Pg. 236 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 6 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
20388 LIBRARY CIRCULATION SUPERVISOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY MIDDLE MANAGEMENT
30255 LIBRARY COMPUTER LAB COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
10401 LIBRARY DIRECTOR (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT
10410 LIBRARY IT MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT
20385 LIBRARY NETWORK ADMINISTRATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30373 LIBRARY NETWORK ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
00361 LIBRARY PAGE NA $14.00 HOURLY $14.54 HOURLY NA
20387 LIBRARY PROGRAM COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT
20337 LIBRARY TECHNICAL SERVICES SUPERVISOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
30391 LIBRARY TECHNICIAN I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
30392 LIBRARY TECHNICIAN II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
00133 LIFEGUARD NA $15.13 HOURLY $16.68 HOURLY NA
30215 LITERACY PROGRAM COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
20484 MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT
30486 MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
30487 MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
30488 MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10110 MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT
10112 MANAGER OF COMMUNICATIONS 620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT
00502 MAYOR NA $8,909.71 MONTHLY $8,909.71 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
30522 MESSENGER 341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL
10117 NEIGHBORHOOD AND CUSTOMER SERVICE OPERATIONS MANAGER (U)551 $6,931.00 MONTHLY $8,425.00 MONTHLY MANAGEMENT
10115 NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT
10635 NETWORK SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL
20550 NPDES COORDINATOR 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT
30425 NPDES INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30426 NPDES INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
30711 OFFICE ASSISTANT 350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL
10109 OFFICE ASSISTANT (U)350 $2,543.00 MONTHLY $3,092.00 MONTHLY CONFIDENTIAL
10868 OPERATIONS AND MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT
30581 PARKING ENFORCEMENT OFFICER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 517 $5,850.00 MONTHLY $7,111.00 MONTHLY MIDDLE MANAGEMENT
10640 PARKS MAINTENANCE DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT
30611 PARKS MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
30622 PARKS MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
30632 PARKS MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10641 PARKS SUPERINTENDENT (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
10069 PAYROLL MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT
10064 PAYROLL SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MANAGEMENT
10068 PAYROLL TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
30691 PLANNING AIDE 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
13.c
Packet Pg. 237 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 7 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
10713 PLANNING DIVISION MANAGER (U)581 $8,050.00 MONTHLY $9,784.00 MONTHLY MANAGEMENT
30680 PLANS EXAMINER I (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL
30682 PLANS EXAMINER II 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL
30481 PLUMBER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
00192 POLICE CADET NA $14.50 HOURLY $16.50 HOURLY NA
50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT
20331 POLICE COMMUNICATIONS MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
20772 POLICE DISPATCH SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30767 POLICE DISPATCHER I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30768 POLICE DISPATCHER II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30848 POLICE FLEET MAINTENANCE EXPEDITOR 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT
40751 POLICE OFFICER P1 $6,954.00 MONTHLY $9,287.00 MONTHLY POLICE SAFETY
20780 POLICE PERSONNEL AND TRAINING MANAGER 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT
30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
20761 POLICE RECORDS MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
20765 POLICE RECORDS SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT
30219 POLICE RECORDS TECHNICIAN I (FLEX)350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL
30220 POLICE RECORDS TECHNICIAN II 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
40332 POLICE SERGEANT P3 $9,138.00 MONTHLY $11,967.00 MONTHLY POLICE SAFETY
30217 POLICE TRAINING COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
30194 POLICE TRANSCRIBER 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL
30585 POOL MAINTENANCE COORDINATOR 416 $3,535.00 MONTHLY $4,297.00 MONTHLY GENERAL
00331 POOL MANAGER I NA $19.02 HOURLY $20.97 HOURLY NA
00333 POOL MANAGER II NA $20.58 HOURLY $22.69 HOURLY NA
20019 PRINCIPAL ACCOUNTANT 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MIDDLE MANAGEMENT
10182 PRINCIPAL CIVIL ENGINEER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT
10670 PRINCIPAL LIBRARIAN 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
10243 PRINCIPAL PLANNER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
10864 PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)598 $8,762.00 MONTHLY $10,650.00 MONTHLY MANAGEMENT
10446 PROFESSIONAL LAND SURVEYOR PLS 546 $6,760.00 MONTHLY $8,217.00 MONTHLY MANAGEMENT
30975 PROGRAM MANAGER RSVP 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
30976 PROGRAM MANAGER SCP 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
10131 PROJECT MANAGER OF HOUSING PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT
30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
30948 PROPERTY AND EVIDENCE TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
20166 PROPERTY EVIDENCE AND SUPPLY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
30800 PUBLIC AFFAIRS SPECIALIST 449 $4,167.00 MONTHLY $5,065.00 MONTHLY GENERAL
10212 PUBLIC INFORMATION OFFICER (U)593 $8,546.00 MONTHLY $10,388.00 MONTHLY MANAGEMENT
10621 PUBLIC SAFETY IT MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
13.c
Packet Pg. 238 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 8 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT
30900 PUMP MECHANIC 454 $4,273.00 MONTHLY $5,193.00 MONTHLY GENERAL
30770 RANGEMASTER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
10440 REAL PROPERTY MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT
10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL
00222 RECREATION AIDE NA $14.00 HOURLY $15.44 HOURLY NA
10403 RECREATION COMMUNITY SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT
00244 RECREATION LEADER NA $14.59 HOURLY $16.09 HOURLY NA
00257 RECREATION SPECIALIST - FOOD SERVICE NA $16.90 HOURLY $18.63 HOURLY NA
00254 RECREATION SPECIALIST - SOCIAL AND CULTURAL NA $16.90 HOURLY $18.63 HOURLY NA
00255 RECREATION SPECIALIST - SPORTS AND ATHLETICS NA $16.90 HOURLY $18.63 HOURLY NA
00206 RECREATION SPECIALIST - THEATRE TECHNICIAN NA $16.90 HOURLY $18.63 HOURLY NA
00258 RECREATION SPECIALIST - THERAPUETICS NA $16.90 HOURLY $18.63 HOURLY NA
00256 RECREATION SUPERVISOR (AQUATICS) NA $26.36 HOURLY $32.04 HOURLY NA
30825 RECREATION THERAPIST 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30568 REPROGRAPHICS AND MAIL TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
10690 RISK DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT
10538 SAFETY OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL
30721 SB DIRECT CALL TAKER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
30722 SB DIRECT CALL TAKER (BILINGUAL)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL
00270 SECURITY GUARD NA $14.00 HOURLY $14.00 HOURLY NA
00263 SECURITY OFFICER NA $18.36 HOURLY $18.36 HOURLY NA
00265 SECURITY OFFICER II NA $20.40 HOURLY $20.40 HOURLY NA
10511 SENIOR ADMINISTRATIVE ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT
30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30410 SENIOR ARBORIST 502 $5,428.00 MONTHLY $6,598.00 MONTHLY GENERAL
30600 SENIOR BUSINESS REGISTRATION REPRESENTATIVE 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
10154 SENIOR CIVIL ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT
10181 SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)597 $8,718.00 MONTHLY $10,597.00 MONTHLY MANAGEMENT
20446 SENIOR CODE ENFORCEMENT OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)400 $3,264.00 MONTHLY $3,967.00 MONTHLY CONFIDENTIAL
30223 SENIOR CUSTOMER SERVICE REPRESENTATIVE/DISPATCHER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL
10653 SENIOR DEPUTY CITY ATTORNEY (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT
10067 SENIOR FINANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL
10632 SENIOR GIS ANALYST 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL
10656 SENIOR HUMAN RESOURCES TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL
10689 SENIOR HUMAN RESOURCES/RISK ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY CONFIDENTIAL
10622 SENIOR INFORMATION TECHNOLOGY ANALYST 550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL
10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL
20213 SENIOR LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
30393 SENIOR LIBRARY TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
00283 SENIOR LIFEGUARD NA $17.19 HOURLY $18.95 HOURLY NA
13.c
Packet Pg. 239 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 9 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
10513 SENIOR MANAGEMENT ANALYST 556 $7,106.00 MONTHLY $8,637.00 MONTHLY MANAGEMENT
10527 SENIOR NETWORK ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL
10636 SENIOR NETWORK SPECIALIST 490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL
30710 SENIOR OFFICE ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL
10223 SENIOR OFFICE ASSISTANT (U)370 $2,810.00 MONTHLY $3,416.00 MONTHLY CONFIDENTIAL
30582 SENIOR PARKING ENFORCEMENT OFFICER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL
20243 SENIOR PLANNER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT
20245 SENIOR PLANS EXAMINER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT
00294 SENIOR RECREATION LEADER NA $15.28 HOURLY $16.85 HOURLY NA
30720 SENIOR SB DIRECT CALL TAKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
30177 SENIOR SURVEY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
20483 SEWER MAINTENANCE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
30494 SEWER MAINTENANCE WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL
30898 STREET SIGN WORKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
20369 STREET SIGNAL AND LIGHTING SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MIDDLE MANAGEMENT
00019 STUDENT INTERN NA $14.00 HOURLY $22.00 HOURLY NA
20116 SUPERVISING ANIMAL CONTROL OFFICER 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
20450 SUPERVISING CODE ENFORCEMENT OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT
20614 SUPERVISING CUSTODIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY MIDDLE MANAGEMENT
20422 SURVEY SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT
30175 SURVEY TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL
30176 SURVEY TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL
20336 TECHNOLOGY LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT
20990 TELECOMMUNICATIONS COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
30437 TIRE MAINTENANCE MECHANIC 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
10443 TRAFFIC ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT
20437 TRAFFIC ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT
20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL
30448 TRAFFIC SIGNAL TECHNICIAN II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL
30449 TRAFFIC SIGNAL TECHNICIAN III 490 $5,113.00 MONTHLY $6,215.00 MONTHLY GENERAL
30667 TREASURY ASSISTANT 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL
20666 TREASURY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT
20485 TREE TRIMMER SUPERVISOR/ARBORIST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT
30000 WEED ABATEMENT COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2021- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those
benefits mandated by applicable Federal, State and/or local laws, rules or regulations.
13.c
Packet Pg. 240 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
ADOPTED 6/16/21
EFFECTIVE 6/16/21
SALARY SCHEDULE FOR FISCAL YEAR 2020/2021 10 of 19
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM
STEP
BOTTOM
HOURLY/
MONTHLY
TOP STEP TOP HOURLY/
MONTHLY UNIT
REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 6/16/21
13.c
Packet Pg. 241 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
11 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
326 2256 2279 2302 2324 2347 2369 2393 2417 2440 2464 2488 2513 2538 2562 2587 2612 2638 2664 2691 2717 2743
327 2268 2290 2313 2336 2358 2381 2405 2429 2453 2476 2500 2525 2550 2575 2600 2625 2651 2678 2704 2730 2756
328 2279 2302 2325 2347 2370 2393 2417 2441 2465 2489 2513 2538 2563 2588 2613 2638 2665 2691 2718 2744 2770
329 2291 2313 2336 2359 2382 2405 2429 2453 2477 2501 2525 2551 2576 2601 2626 2652 2678 2705 2731 2758 2784
330 2302 2325 2348 2371 2394 2417 2441 2465 2490 2514 2538 2563 2589 2614 2639 2665 2691 2718 2745 2771 2798
331 2313 2337 2360 2383 2406 2429 2453 2478 2502 2526 2551 2576 2602 2627 2653 2678 2705 2732 2758 2785 2812
332 2325 2348 2372 2395 2418 2441 2466 2490 2515 2539 2563 2589 2615 2640 2666 2692 2718 2745 2772 2799 2826
333 2337 2360 2383 2407 2430 2454 2478 2503 2527 2552 2576 2602 2628 2653 2679 2705 2732 2759 2786 2813 2840
334 2348 2372 2395 2419 2442 2466 2490 2515 2540 2564 2589 2615 2641 2667 2693 2719 2746 2773 2800 2827 2854
335 2360 2384 2407 2431 2454 2478 2503 2528 2552 2577 2602 2628 2654 2680 2706 2732 2759 2787 2814 2841 2869
336 2372 2396 2419 2443 2467 2490 2515 2540 2565 2590 2615 2641 2667 2693 2720 2746 2773 2801 2828 2856 2883
337 2384 2408 2431 2455 2479 2503 2528 2553 2578 2603 2628 2654 2681 2707 2733 2759 2787 2815 2842 2870 2897
338 2396 2420 2444 2468 2492 2515 2541 2566 2591 2616 2641 2668 2694 2720 2747 2773 2801 2829 2856 2884 2912
339 2408 2432 2456 2480 2504 2528 2553 2579 2604 2629 2654 2681 2708 2734 2761 2787 2815 2843 2871 2899 2927
340 2420 2444 2468 2492 2516 2541 2566 2591 2617 2642 2668 2694 2721 2748 2774 2801 2829 2857 2885 2913 2941
341 2432 2456 2480 2505 2529 2553 2579 2604 2630 2656 2681 2708 2735 2761 2788 2815 2843 2871 2900 2928 2956
342 2444 2468 2493 2517 2542 2566 2592 2617 2643 2669 2694 2721 2748 2775 2802 2829 2857 2886 2914 2942 2971
343 2456 2481 2505 2530 2554 2579 2605 2631 2656 2682 2708 2735 2762 2789 2816 2843 2872 2900 2929 2957 2986
344 2468 2493 2518 2543 2567 2592 2618 2644 2670 2696 2721 2749 2776 2803 2830 2858 2886 2915 2943 2972 3000
345 2481 2506 2530 2555 2580 2605 2631 2657 2683 2709 2735 2762 2790 2817 2844 2872 2901 2929 2958 2987 3015
346 2493 2518 2543 2568 2593 2618 2644 2670 2696 2723 2749 2776 2804 2831 2859 2886 2915 2944 2973 3002 3030
347 2506 2531 2556 2581 2606 2631 2657 2684 2710 2736 2762 2790 2818 2845 2873 2901 2930 2959 2988 3017 3046
348 2518 2543 2569 2594 2619 2644 2671 2697 2723 2750 2776 2804 2832 2860 2887 2915 2944 2973 3003 3032 3061
349 2531 2556 2581 2607 2632 2657 2684 2710 2737 2764 2790 2818 2846 2874 2902 2930 2959 2988 3018 3047 3076
350 2543 2569 2594 2620 2645 2671 2697 2724 2751 2777 2804 2832 2860 2888 2916 2944 2974 3003 3033 3062 3092
351 2556 2582 2607 2633 2658 2684 2711 2738 2764 2791 2818 2846 2875 2903 2931 2959 2989 3018 3048 3077 3107
352 2569 2595 2620 2646 2672 2697 2724 2751 2778 2805 2832 2861 2889 2917 2946 2974 3004 3033 3063 3093 3123
353 2582 2608 2633 2659 2685 2711 2738 2765 2792 2819 2846 2875 2903 2932 2960 2989 3019 3048 3078 3108 3138
354 2595 2621 2647 2673 2698 2724 2752 2779 2806 2833 2861 2889 2918 2946 2975 3004 3034 3064 3094 3124 3154
355 2608 2634 2660 2686 2712 2738 2765 2793 2820 2848 2875 2904 2932 2961 2990 3019 3049 3079 3109 3139 3170
356 2621 2647 2673 2699 2726 2752 2779 2807 2834 2862 2889 2918 2947 2976 3005 3034 3064 3094 3125 3155 3185
357 2634 2660 2686 2713 2739 2765 2793 2821 2848 2876 2904 2933 2962 2991 3020 3049 3079 3110 3140 3171 3201
358 2647 2673 2700 2726 2753 2779 2807 2835 2863 2890 2918 2947 2977 3006 3035 3064 3095 3125 3156 3187 3217
359 2660 2687 2713 2740 2767 2793 2821 2849 2877 2905 2933 2962 2992 3021 3050 3080 3110 3141 3172 3203 3233
360 2673 2700 2727 2754 2780 2807 2835 2863 2891 2919 2948 2977 3006 3036 3065 3095 3126 3157 3188 3219 3250
361 2687 2714 2741 2767 2794 2821 2849 2878 2906 2934 2962 2992 3022 3051 3081 3110 3141 3173 3204 3235 3266
362 2700 2727 2754 2781 2808 2835 2864 2892 2920 2949 2977 3007 3037 3066 3096 3126 3157 3188 3220 3251 3282
363 2714 2741 2768 2795 2822 2849 2878 2906 2935 2963 2992 3022 3052 3082 3112 3142 3173 3204 3236 3267 3299
364 2727 2755 2782 2809 2836 2864 2892 2921 2950 2978 3007 3037 3067 3097 3127 3157 3189 3220 3252 3284 3315
365 2741 2768 2796 2823 2851 2878 2907 2936 2964 2993 3022 3052 3082 3113 3143 3173 3205 3237 3268 3300 3332
366 2755 2782 2810 2837 2865 2892 2921 2950 2979 3008 3037 3067 3098 3128 3159 3189 3221 3253 3285 3316 3348
367 2768 2796 2824 2852 2879 2907 2936 2965 2994 3023 3052 3083 3113 3144 3174 3205 3237 3269 3301 3333 3365
368 2782 2810 2838 2866 2894 2921 2951 2980 3009 3038 3068 3098 3129 3160 3190 3221 3253 3285 3318 3350 3382
369 2796 2824 2852 2880 2908 2936 2965 2995 3024 3053 3083 3114 3144 3175 3206 3237 3269 3302 3334 3366 3399
370 2810 2838 2866 2895 2923 2951 2980 3010 3039 3069 3098 3129 3160 3191 3222 3253 3286 3318 3351 3383 3416
371 2824 2852 2881 2909 2937 2965 2995 3025 3054 3084 3114 3145 3176 3207 3238 3269 3302 3335 3368 3400 3433
372 2838 2867 2895 2924 2952 2980 3010 3040 3070 3100 3129 3161 3192 3223 3254 3286 3319 3351 3384 3417 3450
373 2853 2881 2910 2938 2967 2995 3025 3055 3085 3115 3145 3176 3208 3239 3271 3302 3335 3368 3401 3434 3467
374 2867 2895 2924 2953 2981 3010 3040 3070 3100 3131 3161 3192 3224 3255 3287 3319 3352 3385 3418 3451 3485
13.c
Packet Pg. 242 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
12 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
375 2881 2910 2939 2968 2996 3025 3055 3086 3116 3146 3176 3208 3240 3272 3304 3335 3369 3402 3435 3469 3502
376 2896 2925 2953 2982 3011 3040 3071 3101 3132 3162 3192 3224 3256 3288 3320 3352 3386 3419 3453 3486 3520
377 2910 2939 2968 2997 3026 3056 3086 3117 3147 3178 3208 3240 3272 3305 3337 3369 3402 3436 3470 3503 3537
378 2925 2954 2983 3012 3042 3071 3102 3132 3163 3194 3224 3257 3289 3321 3353 3386 3419 3453 3487 3521 3555
379 2939 2969 2998 3027 3057 3086 3117 3148 3179 3210 3240 3273 3305 3338 3370 3403 3437 3471 3505 3539 3573
380 2954 2983 3013 3043 3072 3102 3133 3164 3195 3226 3257 3289 3322 3354 3387 3420 3454 3488 3522 3556 3591
381 2969 2998 3028 3058 3087 3117 3148 3179 3211 3242 3273 3306 3338 3371 3404 3437 3471 3505 3540 3574 3608
382 2984 3013 3043 3073 3103 3133 3164 3195 3227 3258 3289 3322 3355 3388 3421 3454 3488 3523 3557 3592 3627
383 2998 3028 3058 3088 3118 3148 3180 3211 3243 3274 3306 3339 3372 3405 3438 3471 3506 3540 3575 3610 3645
384 3013 3044 3074 3104 3134 3164 3196 3227 3259 3291 3322 3356 3389 3422 3455 3488 3523 3558 3593 3628 3663
385 3029 3059 3089 3119 3150 3180 3212 3244 3275 3307 3339 3372 3406 3439 3472 3506 3541 3576 3611 3646 3681
386 3044 3074 3105 3135 3165 3196 3228 3260 3292 3324 3356 3389 3423 3456 3490 3523 3559 3594 3629 3664 3700
387 3059 3089 3120 3151 3181 3212 3244 3276 3308 3340 3372 3406 3440 3474 3507 3541 3576 3612 3647 3683 3718
388 3074 3105 3136 3166 3197 3228 3260 3292 3325 3357 3389 3423 3457 3491 3525 3559 3594 3630 3665 3701 3737
389 3090 3120 3151 3182 3213 3244 3276 3309 3341 3374 3406 3440 3474 3508 3542 3577 3612 3648 3684 3720 3755
390 3105 3136 3167 3198 3229 3260 3293 3325 3358 3391 3423 3457 3492 3526 3560 3594 3630 3666 3702 3738 3774
391 3120 3152 3183 3214 3245 3277 3309 3342 3375 3408 3440 3475 3509 3544 3578 3612 3648 3685 3721 3757 3793
392 3136 3167 3199 3230 3262 3293 3326 3359 3392 3425 3458 3492 3527 3561 3596 3630 3667 3703 3739 3776 3812
393 3152 3183 3215 3246 3278 3309 3342 3376 3409 3442 3475 3510 3544 3579 3614 3649 3685 3722 3758 3795 3831
394 3168 3199 3231 3263 3294 3326 3359 3392 3426 3459 3492 3527 3562 3597 3632 3667 3703 3740 3777 3813 3850
395 3183 3215 3247 3279 3311 3343 3376 3409 3443 3476 3510 3545 3580 3615 3650 3685 3722 3759 3796 3833 3869
396 3199 3231 3263 3295 3327 3359 3393 3426 3460 3494 3527 3562 3598 3633 3668 3704 3741 3778 3815 3852 3889
397 3215 3247 3280 3312 3344 3376 3410 3444 3477 3511 3545 3580 3616 3651 3687 3722 3759 3797 3834 3871 3908
398 3231 3264 3296 3328 3361 3393 3427 3461 3495 3529 3563 3598 3634 3669 3705 3741 3778 3816 3853 3890 3928
399 3248 3280 3312 3345 3377 3410 3444 3478 3512 3546 3580 3616 3652 3688 3724 3759 3797 3835 3872 3910 3947
400 3264 3296 3329 3362 3394 3427 3461 3496 3530 3564 3598 3634 3670 3706 3742 3778 3816 3854 3892 3929 3967
401 3280 3313 3346 3378 3411 3444 3479 3513 3547 3582 3616 3652 3689 3725 3761 3797 3835 3873 3911 3949 3987
402 3296 3329 3362 3395 3428 3461 3496 3531 3565 3600 3634 3671 3707 3743 3780 3816 3854 3892 3931 3969 4007
403 3313 3346 3379 3412 3445 3479 3513 3548 3583 3618 3653 3689 3726 3762 3799 3835 3874 3912 3950 3989 4027
404 3330 3363 3396 3429 3463 3496 3531 3566 3601 3636 3671 3708 3744 3781 3818 3854 3893 3931 3970 4009 4047
405 3346 3380 3413 3447 3480 3513 3549 3584 3619 3654 3689 3726 3763 3800 3837 3874 3912 3951 3990 4029 4067
406 3363 3397 3430 3464 3497 3531 3566 3602 3637 3672 3708 3745 3782 3819 3856 3893 3932 3971 4010 4049 4088
407 3380 3414 3447 3481 3515 3549 3584 3620 3655 3691 3726 3763 3801 3838 3875 3912 3952 3991 4030 4069 4108
408 3397 3431 3465 3499 3532 3566 3602 3638 3673 3709 3745 3782 3820 3857 3895 3932 3971 4011 4050 4089 4129
409 3414 3448 3482 3516 3550 3584 3620 3656 3692 3728 3763 3801 3839 3876 3914 3952 3991 4031 4070 4110 4149
410 3431 3465 3499 3534 3568 3602 3638 3674 3710 3746 3782 3820 3858 3896 3934 3971 4011 4051 4091 4130 4170
411 3448 3482 3517 3551 3586 3620 3656 3693 3729 3765 3801 3839 3877 3915 3953 3991 4031 4071 4111 4151 4191
412 3465 3500 3534 3569 3604 3638 3675 3711 3747 3784 3820 3858 3897 3935 3973 4011 4051 4091 4132 4172 4212
413 3482 3517 3552 3587 3622 3657 3693 3730 3766 3803 3839 3878 3916 3955 3993 4031 4072 4112 4152 4193 4233
414 3500 3535 3570 3605 3640 3675 3712 3748 3785 3822 3859 3897 3936 3974 4013 4051 4092 4132 4173 4214 4254
415 3517 3552 3588 3623 3658 3693 3730 3767 3804 3841 3878 3917 3955 3994 4033 4072 4112 4153 4194 4235 4275
416 3535 3570 3606 3641 3676 3712 3749 3786 3823 3860 3897 3936 3975 4014 4053 4092 4133 4174 4215 4256 4297
417 3553 3588 3624 3659 3695 3730 3767 3805 3842 3879 3917 3956 3995 4034 4073 4113 4154 4195 4236 4277 4318
418 3570 3606 3642 3677 3713 3749 3786 3824 3861 3899 3936 3976 4015 4054 4094 4133 4174 4216 4257 4298 4340
419 3588 3624 3660 3696 3732 3768 3805 3843 3881 3918 3956 3996 4035 4075 4114 4154 4195 4237 4278 4320 4361
420 3606 3642 3678 3714 3750 3786 3824 3862 3900 3938 3976 4016 4055 4095 4135 4175 4216 4258 4300 4342 4383
421 3624 3660 3697 3733 3769 3805 3843 3881 3920 3958 3996 4036 4076 4115 4155 4195 4237 4279 4321 4363 4405
422 3642 3679 3715 3752 3788 3824 3863 3901 3939 3977 4016 4056 4096 4136 4176 4216 4259 4301 4343 4385 4427
423 3660 3697 3734 3770 3807 3843 3882 3920 3959 3997 4036 4076 4116 4157 4197 4237 4280 4322 4365 4407 4449
13.c
Packet Pg. 243 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
13 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
424 3679 3716 3752 3789 3826 3863 3901 3940 3979 4017 4056 4096 4137 4178 4218 4259 4301 4344 4386 4429 4472
425 3697 3734 3771 3808 3845 3882 3921 3960 3998 4037 4076 4117 4158 4198 4239 4280 4323 4366 4408 4451 4494
426 3716 3753 3790 3827 3864 3901 3940 3979 4018 4057 4097 4137 4178 4219 4260 4301 4344 4387 4430 4473 4516
427 3734 3772 3809 3846 3884 3921 3960 3999 4039 4078 4117 4158 4199 4241 4282 4323 4366 4409 4453 4496 4539
428 3753 3790 3828 3865 3903 3941 3980 4019 4059 4098 4138 4179 4220 4262 4303 4344 4388 4431 4475 4518 4562
429 3772 3809 3847 3885 3923 3960 4000 4039 4079 4119 4158 4200 4241 4283 4325 4366 4410 4453 4497 4541 4584
430 3791 3828 3866 3904 3942 3980 4020 4060 4099 4139 4179 4221 4263 4304 4346 4388 4432 4476 4520 4564 4607
431 3809 3848 3886 3924 3962 4000 4040 4080 4120 4160 4200 4242 4284 4326 4368 4410 4454 4498 4542 4586 4630
432 3829 3867 3905 3943 3982 4020 4060 4100 4141 4181 4221 4263 4305 4348 4390 4432 4476 4521 4565 4609 4654
433 3848 3886 3925 3963 4002 4040 4080 4121 4161 4202 4242 4284 4327 4369 4412 4454 4499 4543 4588 4632 4677
434 3867 3906 3944 3983 4022 4060 4101 4141 4182 4223 4263 4306 4349 4391 4434 4476 4521 4566 4611 4655 4700
435 3886 3925 3964 4003 4042 4081 4121 4162 4203 4244 4285 4327 4370 4413 4456 4499 4544 4589 4634 4679 4724
436 3906 3945 3984 4023 4062 4101 4142 4183 4224 4265 4306 4349 4392 4435 4478 4521 4567 4612 4657 4702 4747
437 3925 3964 4004 4043 4082 4121 4163 4204 4245 4286 4328 4371 4414 4457 4501 4544 4589 4635 4680 4726 4771
438 3945 3984 4024 4063 4103 4142 4183 4225 4266 4308 4349 4393 4436 4480 4523 4567 4612 4658 4704 4749 4795
439 3965 4004 4044 4083 4123 4163 4204 4246 4288 4329 4371 4415 4458 4502 4546 4589 4635 4681 4727 4773 4819
440 3984 4024 4064 4104 4144 4184 4225 4267 4309 4351 4393 4437 4481 4525 4568 4612 4659 4705 4751 4797 4843
441 4004 4044 4084 4124 4164 4204 4247 4289 4331 4373 4415 4459 4503 4547 4591 4635 4682 4728 4775 4821 4867
442 4024 4065 4105 4145 4185 4226 4268 4310 4352 4395 4437 4481 4526 4570 4614 4659 4705 4752 4798 4845 4892
443 4044 4085 4125 4166 4206 4247 4289 4332 4374 4417 4459 4504 4548 4593 4637 4682 4729 4776 4822 4869 4916
444 4065 4105 4146 4187 4227 4268 4311 4353 4396 4439 4481 4526 4571 4616 4661 4705 4752 4799 4846 4894 4941
445 4085 4126 4167 4208 4248 4289 4332 4375 4418 4461 4504 4549 4594 4639 4684 4729 4776 4823 4871 4918 4965
446 4105 4146 4187 4229 4270 4311 4354 4397 4440 4483 4526 4571 4617 4662 4707 4752 4800 4848 4895 4943 4990
447 4126 4167 4208 4250 4291 4332 4376 4419 4462 4506 4549 4594 4640 4685 4731 4776 4824 4872 4920 4967 5015
448 4147 4188 4229 4271 4312 4354 4397 4441 4484 4528 4572 4617 4663 4709 4754 4800 4848 4896 4944 4992 5040
449 4167 4209 4251 4292 4334 4376 4419 4463 4507 4551 4594 4640 4686 4732 4778 4824 4872 4921 4969 5017 5065
450 4188 4230 4272 4314 4356 4398 4442 4485 4529 4573 4617 4664 4710 4756 4802 4848 4897 4945 4994 5042 5091
451 4209 4251 4293 4335 4377 4420 4464 4508 4552 4596 4640 4687 4733 4780 4826 4873 4921 4970 5019 5067 5116
452 4230 4272 4315 4357 4399 4442 4486 4530 4575 4619 4664 4710 4757 4804 4850 4897 4946 4995 5044 5093 5142
453 4251 4294 4336 4379 4421 4464 4508 4553 4598 4642 4687 4734 4781 4828 4874 4921 4971 5020 5069 5118 5167
454 4273 4315 4358 4401 4443 4486 4531 4576 4621 4666 4710 4758 4805 4852 4899 4946 4995 5045 5094 5144 5193
455 4294 4337 4380 4423 4466 4509 4554 4599 4644 4689 4734 4781 4829 4876 4923 4971 5020 5070 5120 5170 5219
456 4315 4358 4402 4445 4488 4531 4576 4622 4667 4712 4758 4805 4853 4900 4948 4996 5046 5095 5145 5195 5245
457 4337 4380 4424 4467 4510 4554 4599 4645 4690 4736 4781 4829 4877 4925 4973 5021 5071 5121 5171 5221 5272
458 4359 4402 4446 4489 4533 4577 4622 4668 4714 4760 4805 4853 4901 4950 4998 5046 5096 5147 5197 5247 5298
459 4380 4424 4468 4512 4556 4599 4645 4691 4737 4783 4829 4878 4926 4974 5023 5071 5122 5172 5223 5274 5324
460 4402 4446 4490 4534 4578 4622 4669 4715 4761 4807 4854 4902 4951 4999 5048 5096 5147 5198 5249 5300 5351
461 4424 4469 4513 4557 4601 4646 4692 4738 4785 4831 4878 4927 4975 5024 5073 5122 5173 5224 5275 5327 5378
462 4446 4491 4535 4580 4624 4669 4715 4762 4809 4855 4902 4951 5000 5049 5098 5147 5199 5250 5302 5353 5405
463 4469 4513 4558 4603 4647 4692 4739 4786 4833 4880 4927 4976 5025 5074 5124 5173 5225 5276 5328 5380 5432
464 4491 4536 4581 4626 4671 4716 4763 4810 4857 4904 4951 5001 5050 5100 5149 5199 5251 5303 5355 5407 5459
465 4513 4559 4604 4649 4694 4739 4787 4834 4881 4929 4976 5026 5076 5125 5175 5225 5277 5329 5382 5434 5486
466 4536 4581 4627 4672 4717 4763 4810 4858 4906 4953 5001 5051 5101 5151 5201 5251 5304 5356 5409 5461 5514
467 4559 4604 4650 4695 4741 4787 4834 4882 4930 4978 5026 5076 5126 5177 5227 5277 5330 5383 5436 5488 5541
468 4581 4627 4673 4719 4765 4811 4859 4907 4955 5003 5051 5102 5152 5203 5253 5304 5357 5410 5463 5516 5569
469 4604 4650 4696 4743 4789 4835 4883 4931 4980 5028 5076 5127 5178 5229 5279 5330 5383 5437 5490 5543 5597
470 4627 4674 4720 4766 4813 4859 4907 4956 5005 5053 5102 5153 5204 5255 5306 5357 5410 5464 5518 5571 5625
471 4651 4697 4744 4790 4837 4883 4932 4981 5030 5078 5127 5179 5230 5281 5332 5384 5437 5491 5545 5599 5653
472 4674 4721 4767 4814 4861 4907 4957 5006 5055 5104 5153 5204 5256 5307 5359 5411 5465 5519 5573 5627 5681
13.c
Packet Pg. 244 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
14 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
473 4697 4744 4791 4838 4885 4932 4981 5031 5080 5129 5179 5230 5282 5334 5386 5438 5492 5546 5601 5655 5709
474 4721 4768 4815 4862 4909 4957 5006 5056 5105 5155 5205 5257 5309 5361 5413 5465 5519 5574 5629 5683 5738
475 4744 4792 4839 4887 4934 4981 5031 5081 5131 5181 5231 5283 5335 5387 5440 5492 5547 5602 5657 5712 5767
476 4768 4816 4863 4911 4959 5006 5056 5107 5157 5207 5257 5309 5362 5414 5467 5520 5575 5630 5685 5740 5796
477 4792 4840 4888 4936 4983 5031 5082 5132 5182 5233 5283 5336 5389 5441 5494 5547 5603 5658 5714 5769 5824
478 4816 4864 4912 4960 5008 5057 5107 5158 5208 5259 5309 5362 5416 5469 5522 5575 5631 5686 5742 5798 5854
479 4840 4888 4937 4985 5033 5082 5133 5183 5234 5285 5336 5389 5443 5496 5549 5603 5659 5715 5771 5827 5883
480 4864 4913 4961 5010 5059 5107 5158 5209 5260 5312 5363 5416 5470 5524 5577 5631 5687 5743 5800 5856 5912
481 4888 4937 4986 5035 5084 5133 5184 5235 5287 5338 5389 5443 5497 5551 5605 5659 5716 5772 5829 5885 5942
482 4913 4962 5011 5060 5109 5158 5210 5262 5313 5365 5416 5471 5525 5579 5633 5687 5744 5801 5858 5915 5972
483 4937 4987 5036 5086 5135 5184 5236 5288 5340 5392 5443 5498 5552 5607 5661 5716 5773 5830 5887 5944 6001
484 4962 5012 5061 5111 5161 5210 5262 5314 5366 5419 5471 5525 5580 5635 5690 5744 5802 5859 5917 5974 6031
485 4987 5037 5087 5136 5186 5236 5289 5341 5393 5446 5498 5553 5608 5663 5718 5773 5831 5888 5946 6004 6062
486 5012 5062 5112 5162 5212 5262 5315 5368 5420 5473 5526 5581 5636 5691 5747 5802 5860 5918 5976 6034 6092
487 5037 5087 5138 5188 5238 5289 5342 5394 5447 5500 5553 5609 5664 5720 5775 5831 5889 5947 6006 6064 6122
488 5062 5113 5163 5214 5265 5315 5368 5421 5475 5528 5581 5637 5693 5748 5804 5860 5919 5977 6036 6094 6153
489 5087 5138 5189 5240 5291 5342 5395 5449 5502 5555 5609 5665 5721 5777 5833 5889 5948 6007 6066 6125 6184
490 5113 5164 5215 5266 5317 5368 5422 5476 5529 5583 5637 5693 5750 5806 5862 5919 5978 6037 6096 6155 6215
491 5138 5190 5241 5293 5344 5395 5449 5503 5557 5611 5665 5722 5778 5835 5892 5948 6008 6067 6127 6186 6246
492 5164 5216 5267 5319 5371 5422 5476 5531 5585 5639 5693 5750 5807 5864 5921 5978 6038 6098 6157 6217 6277
493 5190 5242 5294 5346 5397 5449 5504 5558 5613 5667 5722 5779 5836 5893 5951 6008 6068 6128 6188 6248 6308
494 5216 5268 5320 5372 5424 5477 5531 5586 5641 5696 5750 5808 5865 5923 5980 6038 6098 6159 6219 6279 6340
495 5242 5294 5347 5399 5452 5504 5559 5614 5669 5724 5779 5837 5895 5953 6010 6068 6129 6190 6250 6311 6372
496 5268 5321 5373 5426 5479 5532 5587 5642 5697 5753 5808 5866 5924 5982 6040 6099 6160 6220 6281 6342 6403
497 5294 5347 5400 5453 5506 5559 5615 5670 5726 5782 5837 5896 5954 6012 6071 6129 6190 6252 6313 6374 6435
498 5321 5374 5427 5481 5534 5587 5643 5699 5755 5810 5866 5925 5984 6042 6101 6160 6221 6283 6344 6406 6468
499 5348 5401 5454 5508 5561 5615 5671 5727 5783 5840 5896 5955 6014 6073 6131 6190 6252 6314 6376 6438 6500
500 5374 5428 5482 5535 5589 5643 5699 5756 5812 5869 5925 5984 6044 6103 6162 6221 6284 6346 6408 6470 6532
501 5401 5455 5509 5563 5617 5671 5728 5785 5841 5898 5955 6014 6074 6133 6193 6252 6315 6378 6440 6503 6565
502 5428 5482 5537 5591 5645 5700 5757 5814 5871 5928 5985 6044 6104 6164 6224 6284 6347 6409 6472 6535 6598
503 5455 5510 5564 5619 5673 5728 5785 5843 5900 5957 6014 6075 6135 6195 6255 6315 6378 6441 6505 6568 6631
504 5483 5537 5592 5647 5702 5757 5814 5872 5929 5987 6045 6105 6165 6226 6286 6347 6410 6474 6537 6601 6664
505 5510 5565 5620 5675 5730 5785 5843 5901 5959 6017 6075 6135 6196 6257 6318 6378 6442 6506 6570 6634 6697
506 5538 5593 5648 5704 5759 5814 5873 5931 5989 6047 6105 6166 6227 6288 6349 6410 6474 6539 6603 6667 6731
507 5565 5621 5677 5732 5788 5843 5902 5960 6019 6077 6136 6197 6258 6320 6381 6442 6507 6571 6636 6700 6765
508 5593 5649 5705 5761 5817 5873 5931 5990 6049 6108 6166 6228 6290 6351 6413 6475 6539 6604 6669 6734 6798
509 5621 5677 5733 5790 5846 5902 5961 6020 6079 6138 6197 6259 6321 6383 6445 6507 6572 6637 6702 6767 6832
510 5649 5706 5762 5819 5875 5932 5991 6050 6110 6169 6228 6290 6353 6415 6477 6540 6605 6670 6736 6801 6867
511 5677 5734 5791 5848 5904 5961 6021 6080 6140 6200 6259 6322 6384 6447 6510 6572 6638 6704 6769 6835 6901
512 5706 5763 5820 5877 5934 5991 6051 6111 6171 6231 6291 6354 6416 6479 6542 6605 6671 6737 6803 6869 6935
513 5734 5792 5849 5906 5964 6021 6081 6141 6202 6262 6322 6385 6448 6512 6575 6638 6705 6771 6837 6904 6970
514 5763 5821 5878 5936 5993 6051 6112 6172 6233 6293 6354 6417 6481 6544 6608 6671 6738 6805 6871 6938 7005
515 5792 5850 5908 5966 6023 6081 6142 6203 6264 6325 6385 6449 6513 6577 6641 6705 6772 6839 6906 6973 7040
516 5821 5879 5937 5995 6054 6112 6173 6234 6295 6356 6417 6482 6546 6610 6674 6738 6806 6873 6940 7008 7075
517 5850 5908 5967 6025 6084 6142 6204 6265 6327 6388 6449 6514 6578 6643 6707 6772 6840 6907 6975 7043 7111
518 5879 5938 5997 6055 6114 6173 6235 6296 6358 6420 6482 6547 6611 6676 6741 6806 6874 6942 7010 7078 7146
519 5908 5968 6027 6086 6145 6204 6266 6328 6390 6452 6514 6579 6644 6710 6775 6840 6908 6977 7045 7113 7182
520 5938 5997 6057 6116 6176 6235 6297 6360 6422 6484 6547 6612 6678 6743 6809 6874 6943 7011 7080 7149 7218
521 5968 6027 6087 6147 6206 6266 6329 6391 6454 6517 6579 6645 6711 6777 6843 6908 6977 7047 7116 7185 7254
13.c
Packet Pg. 245 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
15 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
522 5998 6058 6118 6177 6237 6297 6360 6423 6486 6549 6612 6678 6745 6811 6877 6943 7012 7082 7151 7221 7290
523 6028 6088 6148 6208 6269 6329 6392 6456 6519 6582 6645 6712 6778 6845 6911 6978 7047 7117 7187 7257 7327
524 6058 6118 6179 6239 6300 6361 6424 6488 6551 6615 6679 6745 6812 6879 6946 7013 7083 7153 7223 7293 7363
525 6088 6149 6210 6271 6331 6392 6456 6520 6584 6648 6712 6779 6846 6913 6980 7048 7118 7189 7259 7329 7400
526 6118 6180 6241 6302 6363 6424 6489 6553 6617 6681 6746 6813 6880 6948 7015 7083 7154 7224 7295 7366 7437
527 6149 6210 6272 6333 6395 6456 6521 6586 6650 6715 6779 6847 6915 6983 7050 7118 7189 7261 7332 7403 7474
528 6180 6242 6303 6365 6427 6489 6554 6619 6683 6748 6813 6881 6949 7018 7086 7154 7225 7297 7368 7440 7512
529 6211 6273 6335 6397 6459 6521 6586 6652 6717 6782 6847 6916 6984 7053 7121 7190 7261 7333 7405 7477 7549
530 6242 6304 6367 6429 6491 6554 6619 6685 6750 6816 6881 6950 7019 7088 7157 7226 7298 7370 7442 7515 7587
531 6273 6336 6398 6461 6524 6587 6652 6718 6784 6850 6916 6985 7054 7123 7193 7262 7334 7407 7480 7552 7625
532 6304 6367 6430 6493 6556 6619 6686 6752 6818 6884 6950 7020 7089 7159 7228 7298 7371 7444 7517 7590 7663
533 6336 6399 6463 6526 6589 6653 6719 6786 6852 6919 6985 7055 7125 7195 7265 7334 7408 7481 7554 7628 7701
534 6367 6431 6495 6558 6622 6686 6753 6820 6886 6953 7020 7090 7161 7231 7301 7371 7445 7519 7592 7666 7740
535 6399 6463 6527 6591 6655 6719 6786 6854 6921 6988 7055 7126 7196 7267 7337 7408 7482 7556 7630 7704 7778
536 6431 6496 6560 6624 6689 6753 6820 6888 6955 7023 7091 7161 7232 7303 7374 7445 7519 7594 7668 7743 7817
537 6463 6528 6593 6657 6722 6787 6855 6922 6990 7058 7126 7197 7268 7340 7411 7482 7557 7632 7707 7782 7856
538 6496 6561 6626 6691 6756 6821 6889 6957 7025 7093 7162 7233 7305 7376 7448 7520 7595 7670 7745 7820 7896
539 6528 6594 6659 6724 6789 6855 6923 6992 7060 7129 7197 7269 7341 7413 7485 7557 7633 7708 7784 7860 7935
540 6561 6627 6692 6758 6823 6889 6958 7027 7096 7165 7233 7306 7378 7450 7523 7595 7671 7747 7823 7899 7975
541 6594 6660 6726 6792 6857 6923 6993 7062 7131 7200 7270 7342 7415 7488 7560 7633 7709 7786 7862 7938 8015
542 6627 6693 6759 6825 6892 6958 7028 7097 7167 7236 7306 7379 7452 7525 7598 7671 7748 7825 7901 7978 8055
543 6660 6726 6793 6860 6926 6993 7063 7133 7203 7273 7342 7416 7489 7563 7636 7710 7787 7864 7941 8018 8095
544 6693 6760 6827 6894 6961 7028 7098 7168 7239 7309 7379 7453 7527 7601 7674 7748 7826 7903 7981 8058 8136
545 6727 6794 6861 6928 6996 7063 7134 7204 7275 7345 7416 7490 7564 7639 7713 7787 7865 7943 8020 8098 8176
546 6760 6828 6895 6963 7031 7098 7169 7240 7311 7382 7453 7528 7602 7677 7751 7826 7904 7982 8061 8139 8217
547 6794 6862 6930 6998 7066 7134 7205 7276 7348 7419 7490 7565 7640 7715 7790 7865 7944 8022 8101 8180 8258
548 6828 6896 6965 7033 7101 7169 7241 7313 7384 7456 7528 7603 7678 7754 7829 7904 7983 8062 8141 8220 8299
549 6862 6931 6999 7068 7137 7205 7277 7349 7421 7493 7565 7641 7717 7792 7868 7944 8023 8103 8182 8262 8341
550 6896 6965 7034 7103 7172 7241 7314 7386 7458 7531 7603 7679 7755 7831 7907 7983 8063 8143 8223 8303 8383
551 6931 7000 7070 7139 7208 7277 7350 7423 7496 7569 7641 7718 7794 7871 7947 8023 8104 8184 8264 8344 8425
552 6966 7035 7105 7175 7244 7314 7387 7460 7533 7606 7680 7756 7833 7910 7987 8064 8144 8225 8305 8386 8467
553 7000 7070 7140 7210 7280 7350 7424 7497 7571 7644 7718 7795 7872 7949 8027 8104 8185 8266 8347 8428 8509
554 7035 7106 7176 7246 7317 7387 7461 7535 7609 7683 7757 7834 7912 7989 8067 8144 8226 8307 8389 8470 8552
555 7071 7141 7212 7283 7353 7424 7498 7573 7647 7721 7795 7873 7951 8029 8107 8185 8267 8349 8431 8512 8594
556 7106 7177 7248 7319 7390 7461 7536 7610 7685 7760 7834 7913 7991 8069 8148 8226 8308 8391 8473 8555 8637
557 7141 7213 7284 7356 7427 7499 7574 7648 7723 7798 7873 7952 8031 8110 8188 8267 8350 8432 8515 8598 8680
558 7177 7249 7321 7392 7464 7536 7611 7687 7762 7837 7913 7992 8071 8150 8229 8308 8392 8475 8558 8641 8724
559 7213 7285 7357 7429 7502 7574 7649 7725 7801 7877 7952 8032 8111 8191 8270 8350 8433 8517 8600 8684 8767
560 7249 7322 7394 7467 7539 7612 7688 7764 7840 7916 7992 8072 8152 8232 8312 8392 8476 8560 8644 8727 8811
561 7285 7358 7431 7504 7577 7650 7726 7803 7879 7956 8032 8112 8193 8273 8353 8434 8518 8602 8687 8771 8855
562 7322 7395 7468 7541 7615 7688 7765 7842 7919 7995 8072 8153 8234 8314 8395 8476 8561 8645 8730 8815 8900
563 7358 7432 7506 7579 7653 7726 7804 7881 7958 8035 8113 8194 8275 8356 8437 8518 8603 8689 8774 8859 8944
564 7395 7469 7543 7617 7691 7765 7843 7920 7998 8076 8153 8235 8316 8398 8479 8561 8646 8732 8818 8903 8989
565 7432 7506 7581 7655 7729 7804 7882 7960 8038 8116 8194 8276 8358 8440 8522 8604 8690 8776 8862 8948 9034
566 7469 7544 7619 7693 7768 7843 7921 8000 8078 8157 8235 8317 8400 8482 8564 8647 8733 8820 8906 8993 9079
567 7507 7582 7657 7732 7807 7882 7961 8040 8118 8197 8276 8359 8442 8524 8607 8690 8777 8864 8951 9038 9124
568 7544 7620 7695 7771 7846 7921 8001 8080 8159 8238 8317 8401 8484 8567 8650 8733 8821 8908 8995 9083 9170
569 7582 7658 7734 7809 7885 7961 8041 8120 8200 8279 8359 8443 8526 8610 8693 8777 8865 8953 9040 9128 9216
570 7620 7696 7772 7848 7925 8001 8081 8161 8241 8321 8401 8485 8569 8653 8737 8821 8909 8997 9086 9174 9262
13.c
Packet Pg. 246 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
16 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
571 7658 7735 7811 7888 7964 8041 8121 8202 8282 8362 8443 8527 8612 8696 8781 8865 8954 9042 9131 9220 9308
572 7696 7773 7850 7927 8004 8081 8162 8243 8323 8404 8485 8570 8655 8740 8824 8909 8998 9088 9177 9266 9355
573 7735 7812 7889 7967 8044 8121 8203 8284 8365 8446 8528 8613 8698 8783 8869 8954 9043 9133 9223 9312 9402
574 7773 7851 7929 8007 8084 8162 8244 8325 8407 8489 8570 8656 8742 8827 8913 8999 9089 9179 9269 9359 9449
575 7812 7890 7969 8047 8125 8203 8285 8367 8449 8531 8613 8699 8785 8871 8958 9044 9134 9225 9315 9405 9496
576 7851 7930 8008 8087 8165 8244 8326 8409 8491 8574 8656 8743 8829 8916 9002 9089 9180 9271 9362 9452 9543
577 7891 7969 8048 8127 8206 8285 8368 8451 8534 8617 8699 8786 8873 8960 9047 9134 9226 9317 9408 9500 9591
578 7930 8009 8089 8168 8247 8327 8410 8493 8576 8660 8743 8830 8918 9005 9093 9180 9272 9364 9455 9547 9639
579 7970 8049 8129 8209 8288 8368 8452 8536 8619 8703 8787 8874 8962 9050 9138 9226 9318 9410 9503 9595 9687
580 8010 8090 8170 8250 8330 8410 8494 8578 8662 8746 8831 8919 9007 9095 9184 9272 9365 9457 9550 9643 9736
581 8050 8130 8211 8291 8372 8452 8537 8621 8706 8790 8875 8963 9052 9141 9230 9318 9412 9505 9598 9691 9784
582 8090 8171 8252 8333 8413 8494 8579 8664 8749 8834 8919 9008 9097 9187 9276 9365 9459 9552 9646 9740 9833
583 8130 8212 8293 8374 8455 8537 8622 8708 8793 8878 8964 9053 9143 9233 9322 9412 9506 9600 9694 9788 9882
584 8171 8253 8334 8416 8498 8579 8665 8751 8837 8923 9008 9099 9189 9279 9369 9459 9553 9648 9743 9837 9932
585 8212 8294 8376 8458 8540 8622 8709 8795 8881 8967 9053 9144 9235 9325 9416 9506 9601 9696 9791 9886 9981
586 8253 8335 8418 8500 8583 8665 8752 8839 8925 9012 9099 9190 9281 9372 9463 9554 9649 9745 9840 9936 10031
587 8294 8377 8460 8543 8626 8709 8796 8883 8970 9057 9144 9236 9327 9419 9510 9601 9697 9793 9889 9986 10082
588 8336 8419 8502 8586 8669 8752 8840 8927 9015 9102 9190 9282 9374 9466 9558 9649 9746 9842 9939 10035 10132
589 8377 8461 8545 8629 8712 8796 8884 8972 9060 9148 9236 9328 9421 9513 9605 9698 9795 9892 9989 10086 10183
590 8419 8503 8588 8672 8756 8840 8928 9017 9105 9194 9282 9375 9468 9561 9653 9746 9844 9941 10039 10136 10234
591 8461 8546 8630 8715 8800 8884 8973 9062 9151 9240 9329 9422 9515 9608 9702 9795 9893 9991 10089 10187 10285
592 8504 8589 8674 8759 8844 8929 9018 9107 9197 9286 9375 9469 9563 9656 9750 9844 9942 10041 10139 10238 10336
593 8546 8632 8717 8802 8888 8973 9063 9153 9243 9332 9422 9516 9610 9705 9799 9893 9992 10091 10190 10289 10388
594 8589 8675 8761 8846 8932 9018 9108 9199 9289 9379 9469 9564 9659 9753 9848 9943 10042 10141 10241 10340 10440
595 8632 8718 8804 8891 8977 9063 9154 9245 9335 9426 9516 9612 9707 9802 9897 9992 10092 10192 10292 10392 10492
596 8675 8762 8848 8935 9022 9109 9200 9291 9382 9473 9564 9660 9755 9851 9947 10042 10143 10243 10344 10444 10544
597 8718 8805 8893 8980 9067 9154 9246 9337 9429 9520 9612 9708 9804 9900 9996 10092 10193 10294 10395 10496 10597
598 8762 8849 8937 9025 9112 9200 9292 9384 9476 9568 9660 9757 9853 9950 10046 10143 10244 10346 10447 10549 10650
599 8806 8894 8982 9070 9158 9246 9338 9431 9523 9616 9708 9805 9902 9999 10097 10194 10296 10398 10499 10601 10703
600 8850 8938 9027 9115 9204 9292 9385 9478 9571 9664 9757 9854 9952 10049 10147 10245 10347 10450 10552 10654 10757
601 8894 8983 9072 9161 9250 9339 9432 9525 9619 9712 9806 9904 10002 10100 10198 10296 10399 10502 10605 10708 10811
602 8938 9028 9117 9207 9296 9385 9479 9573 9667 9761 9855 9953 10052 10150 10249 10347 10451 10554 10658 10761 10865
603 8983 9073 9163 9253 9342 9432 9527 9621 9715 9810 9904 10003 10102 10201 10300 10399 10503 10607 10711 10815 10919
604 9028 9118 9209 9299 9389 9479 9574 9669 9764 9859 9953 10053 10152 10252 10352 10451 10556 10660 10765 10869 10974
605 9073 9164 9255 9345 9436 9527 9622 9717 9813 9908 10003 10103 10203 10303 10403 10503 10608 10713 10818 10923 11028
606 9119 9210 9301 9392 9483 9574 9670 9766 9862 9957 10053 10154 10254 10355 10455 10556 10661 10767 10873 10978 11084
607 9164 9256 9347 9439 9531 9622 9719 9815 9911 10007 10103 10204 10306 10407 10508 10609 10715 10821 10927 11033 11139
608 9210 9302 9394 9486 9578 9670 9767 9864 9961 10057 10154 10256 10357 10459 10560 10662 10768 10875 10982 11088 11195
609 9256 9349 9441 9534 9626 9719 9816 9913 10010 10108 10205 10307 10409 10511 10613 10715 10822 10929 11036 11144 11251
610 9302 9395 9488 9581 9674 9767 9865 9963 10060 10158 10256 10358 10461 10563 10666 10769 10876 10984 11092 11199 11307
611 9349 9442 9536 9629 9723 9816 9914 10013 10111 10209 10307 10410 10513 10616 10719 10822 10931 11039 11147 11255 11364
612 9396 9489 9583 9677 9771 9865 9964 10063 10161 10260 10359 10462 10566 10669 10773 10877 10985 11094 11203 11312 11420
613 9443 9537 9631 9726 9820 9915 10014 10113 10212 10311 10410 10514 10619 10723 10827 10931 11040 11150 11259 11368 11477
614 9490 9585 9680 9774 9869 9964 10064 10163 10263 10363 10462 10567 10672 10776 10881 10986 11095 11205 11315 11425 11535
615 9537 9633 9728 9823 9919 10014 10114 10214 10314 10415 10515 10620 10725 10830 10935 11040 11151 11261 11372 11482 11592
616 9585 9681 9777 9872 9968 10064 10165 10265 10366 10467 10567 10673 10779 10884 10990 11096 11207 11318 11429 11539 11650
617 9633 9729 9825 9922 10018 10114 10216 10317 10418 10519 10620 10726 10833 10939 11045 11151 11263 11374 11486 11597 11709
618 9681 9778 9875 9971 10068 10165 10267 10368 10470 10572 10673 10780 10887 10993 11100 11207 11319 11431 11543 11655 11767
619 9729 9827 9924 10021 10119 10216 10318 10420 10522 10624 10727 10834 10941 11048 11156 11263 11376 11488 11601 11713 11826
13.c
Packet Pg. 247 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
17 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
620 9778 9876 9974 10071 10169 10267 10370 10472 10575 10678 10780 10888 10996 11104 11211 11319 11432 11546 11659 11772 11885
621 9827 9925 10023 10122 10220 10318 10421 10525 10628 10731 10834 10942 11051 11159 11267 11376 11490 11603 11717 11831 11945
622 9876 9975 10074 10172 10271 10370 10474 10577 10681 10785 10888 10997 11106 11215 11324 11433 11547 11661 11776 11890 12004
623 9925 10025 10124 10223 10322 10422 10526 10630 10734 10839 10943 11052 11162 11271 11380 11490 11605 11720 11835 11949 12064
624 9975 10075 10175 10274 10374 10474 10579 10683 10788 10893 10997 11107 11217 11327 11437 11547 11663 11778 11894 12009 12125
625 10025 10125 10225 10326 10426 10526 10631 10737 10842 10947 11052 11163 11273 11384 11495 11605 11721 11837 11953 12069 12185
626 10075 10176 10277 10377 10478 10579 10685 10790 10896 11002 11108 11219 11330 11441 11552 11663 11780 11896 12013 12130 12246
627 10125 10227 10328 10429 10530 10632 10738 10844 10951 11057 11163 11275 11387 11498 11610 11721 11839 11956 12073 12190 12307
628 10176 10278 10380 10481 10583 10685 10792 10899 11005 11112 11219 11331 11443 11556 11668 11780 11898 12016 12133 12251 12369
629 10227 10329 10431 10534 10636 10738 10846 10953 11060 11168 11275 11388 11501 11613 11726 11839 11957 12076 12194 12312 12431
630 10278 10381 10484 10586 10689 10792 10900 11008 11116 11224 11332 11445 11558 11671 11785 11898 12017 12136 12255 12374 12493
631 10329 10433 10536 10639 10743 10846 10954 11063 11171 11280 11388 11502 11616 11730 11844 11958 12077 12197 12316 12436 12555
632 10381 10485 10589 10693 10796 10900 11009 11118 11227 11336 11445 11560 11674 11788 11903 12017 12138 12258 12378 12498 12618
633 10433 10537 10642 10746 10850 10955 11064 11174 11283 11393 11502 11617 11732 11847 11962 12077 12198 12319 12440 12561 12681
634 10485 10590 10695 10800 10905 11009 11119 11230 11340 11450 11560 11675 11791 11907 12022 12138 12259 12381 12502 12623 12745
635 10538 10643 10748 10854 10959 11064 11175 11286 11396 11507 11618 11734 11850 11966 12082 12199 12321 12443 12565 12686 12808
636 10590 10696 10802 10908 11014 11120 11231 11342 11453 11565 11676 11793 11909 12026 12143 12260 12382 12505 12627 12750 12873
637 10643 10750 10856 10963 11069 11175 11287 11399 11511 11622 11734 11851 11969 12086 12204 12321 12444 12567 12690 12814 12937
638 10696 10803 10910 11017 11124 11231 11344 11456 11568 11681 11793 11911 12029 12147 12265 12382 12506 12630 12754 12878 13002
639 10750 10857 10965 11072 11180 11287 11400 11513 11626 11739 11852 11970 12089 12207 12326 12444 12569 12693 12818 12942 13067
640 10804 10912 11020 11128 11236 11344 11457 11571 11684 11798 11911 12030 12149 12268 12387 12507 12632 12757 12882 13007 13132
641 10858 10966 11075 11183 11292 11401 11515 11629 11743 11857 11971 12090 12210 12330 12449 12569 12695 12821 12946 13072 13198
642 10912 11021 11130 11239 11348 11458 11572 11687 11801 11916 12030 12151 12271 12391 12512 12632 12758 12885 13011 13137 13264
643 10967 11076 11186 11296 11405 11515 11630 11745 11860 11975 12091 12212 12332 12453 12574 12695 12822 12949 13076 13203 13330
644 11021 11132 11242 11352 11462 11572 11688 11804 11920 12035 12151 12273 12394 12516 12637 12759 12886 13014 13141 13269 13397
645 11076 11187 11298 11409 11520 11630 11747 11863 11979 12096 12212 12334 12456 12578 12700 12822 12951 13079 13207 13335 13464
646 11132 11243 11354 11466 11577 11688 11805 11922 12039 12156 12273 12396 12518 12641 12764 12887 13015 13144 13273 13402 13531
647 11188 11299 11411 11523 11635 11747 11864 11982 12099 12217 12334 12458 12581 12704 12828 12951 13080 13210 13339 13469 13598
648 11243 11356 11468 11581 11693 11806 11924 12042 12160 12278 12396 12520 12644 12768 12892 13016 13146 13276 13406 13536 13666
649 11300 11413 11526 11639 11752 11865 11983 12102 12221 12339 12458 12582 12707 12832 12956 13081 13212 13342 13473 13604 13735
650 11356 11470 11583 11697 11810 11924 12043 12162 12282 12401 12520 12645 12771 12896 13021 13146 13278 13409 13541 13672 13804
651 11413 11527 11641 11755 11869 11984 12103 12223 12343 12463 12583 12709 12834 12960 13086 13212 13344 13476 13608 13740 13873
652 11470 11585 11699 11814 11929 12044 12164 12284 12405 12525 12646 12772 12899 13025 13152 13278 13411 13544 13676 13809 13942
653 11527 11643 11758 11873 11988 12104 12225 12346 12467 12588 12709 12836 12963 13090 13217 13344 13478 13611 13745 13878 14012
654 11585 11701 11817 11933 12048 12164 12286 12408 12529 12651 12772 12900 13028 13156 13283 13411 13545 13679 13813 13948 14082
655 11643 11759 11876 11992 12109 12225 12347 12470 12592 12714 12836 12965 13093 13221 13350 13478 13613 13748 13882 14017 14152
656 11701 11818 11935 12052 12169 12286 12409 12532 12655 12778 12901 13030 13159 13288 13417 13546 13681 13816 13952 14087 14223
657 11760 11877 11995 12112 12230 12348 12471 12595 12718 12842 12965 13095 13224 13354 13484 13613 13749 13886 14022 14158 14294
658 11818 11937 12055 12173 12291 12409 12533 12658 12782 12906 13030 13160 13290 13421 13551 13681 13818 13955 14092 14229 14365
659 11878 11996 12115 12234 12353 12471 12596 12721 12846 12970 13095 13226 13357 13488 13619 13750 13887 14025 14162 14300 14437
660 11937 12056 12176 12295 12414 12534 12659 12784 12910 13035 13160 13292 13424 13555 13687 13818 13957 14095 14233 14371 14509
661 11997 12117 12237 12357 12476 12596 12722 12848 12974 13100 13226 13359 13491 13623 13755 13888 14026 14165 14304 14443 14582
662 12057 12177 12298 12418 12539 12659 12786 12913 13039 13166 13292 13425 13558 13691 13824 13957 14097 14236 14376 14515 14655
663 12117 12238 12359 12480 12602 12723 12850 12977 13104 13232 13359 13492 13626 13760 13893 14027 14167 14307 14448 14588 14728
664 12177 12299 12421 12543 12665 12786 12914 13042 13170 13298 13426 13560 13694 13828 13963 14097 14238 14379 14520 14661 14802
665 12238 12361 12483 12605 12728 12850 12979 13107 13236 13364 13493 13628 13763 13898 14032 14167 14309 14451 14592 14734 14876
666 12300 12423 12546 12669 12792 12915 13044 13173 13302 13431 13560 13696 13831 13967 14103 14238 14381 14523 14665 14808 14950
667 12361 12485 12608 12732 12855 12979 13109 13239 13368 13498 13628 13764 13901 14037 14173 14309 14453 14596 14739 14882 15025
668 12423 12547 12671 12796 12920 13044 13174 13305 13435 13566 13696 13833 13970 14107 14244 14381 14525 14669 14812 14956 15100
13.c
Packet Pg. 248 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
18 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
669 12485 12610 12735 12859 12984 13109 13240 13371 13502 13634 13765 13902 14040 14178 14315 14453 14597 14742 14886 15031 15176
670 12547 12673 12798 12924 13049 13175 13306 13438 13570 13702 13833 13972 14110 14248 14387 14525 14670 14816 14961 15106 15251
671 12610 12736 12862 12988 13115 13241 13373 13505 13638 13770 13903 14042 14181 14320 14459 14598 14744 14890 15036 15182 15328
672 12673 12800 12927 13053 13180 13307 13440 13573 13706 13839 13972 14112 14252 14391 14531 14671 14817 14964 15111 15258 15404
673 12737 12864 12991 13119 13246 13373 13507 13641 13775 13908 14042 14182 14323 14463 14604 14744 14892 15039 15186 15334 15481
674 12800 12928 13056 13184 13312 13440 13575 13709 13843 13978 14112 14253 14394 14536 14677 14818 14966 15114 15262 15411 15559
675 12864 12993 13121 13250 13379 13507 13642 13778 13913 14048 14183 14325 14466 14608 14750 14892 15041 15190 15339 15488 15637
676 12929 13058 13187 13316 13446 13575 13711 13846 13982 14118 14254 14396 14539 14681 14824 14966 15116 15266 15415 15565 15715
677 12993 13123 13253 13383 13513 13643 13779 13916 14052 14189 14325 14468 14611 14755 14898 15041 15192 15342 15492 15643 15793
678 13058 13189 13319 13450 13580 13711 13848 13985 14122 14259 14397 14541 14685 14828 14972 15116 15268 15419 15570 15721 15872
679 13123 13255 13386 13517 13648 13780 13917 14055 14193 14331 14469 14613 14758 14903 15047 15192 15344 15496 15648 15800 15952
680 13189 13321 13453 13585 13717 13848 13987 14125 14264 14402 14541 14686 14832 14977 15123 15268 15421 15573 15726 15879 16031
681 13255 13388 13520 13653 13785 13918 14057 14196 14335 14474 14614 14760 14906 15052 15198 15344 15498 15651 15805 15958 16112
682 13321 13454 13588 13721 13854 13987 14127 14267 14407 14547 14687 14834 14980 15127 15274 15421 15575 15729 15884 16038 16192
683 13388 13522 13656 13790 13923 14057 14198 14338 14479 14620 14760 14908 15055 15203 15351 15498 15653 15808 15963 16118 16273
684 13455 13589 13724 13858 13993 14128 14269 14410 14551 14693 14834 14982 15131 15279 15427 15576 15731 15887 16043 16199 16354
685 13522 13657 13793 13928 14063 14198 14340 14482 14624 14766 14908 15057 15206 15355 15504 15653 15810 15967 16123 16280 16436
686 13590 13726 13861 13997 14133 14269 14412 14555 14697 14840 14983 15132 15282 15432 15582 15732 15889 16046 16204 16361 16518
687 13658 13794 13931 14067 14204 14341 14484 14627 14771 14914 15058 15208 15359 15509 15660 15810 15969 16127 16285 16443 16601
688 13726 13863 14000 14138 14275 14412 14556 14700 14845 14989 15133 15284 15436 15587 15738 15889 16048 16207 16366 16525 16684
689 13795 13933 14070 14208 14346 14484 14629 14774 14919 15064 15209 15361 15513 15665 15817 15969 16129 16288 16448 16608 16767
690 13864 14002 14141 14279 14418 14557 14702 14848 14993 15139 15285 15437 15590 15743 15896 16049 16209 16370 16530 16691 16851
691 13933 14072 14212 14351 14490 14629 14776 14922 15068 15215 15361 15515 15668 15822 15975 16129 16290 16452 16613 16774 16935
692 14003 14143 14283 14423 14563 14703 14850 14997 15144 15291 15438 15592 15747 15901 16055 16210 16372 16534 16696 16858 17020
693 14073 14213 14354 14495 14635 14776 14924 15072 15219 15367 15515 15670 15825 15980 16136 16291 16454 16617 16779 16942 17105
694 14143 14284 14426 14567 14709 14850 14999 15147 15296 15444 15593 15748 15904 16060 16216 16372 16536 16700 16863 17027 17191
695 14214 14356 14498 14640 14782 14924 15074 15223 15372 15521 15670 15827 15984 16141 16297 16454 16619 16783 16948 17112 17277
696 14285 14428 14570 14713 14856 14999 15149 15299 15449 15599 15749 15906 16064 16221 16379 16536 16702 16867 17032 17198 17363
697 14356 14500 14643 14787 14930 15074 15225 15375 15526 15677 15828 15986 16144 16302 16461 16619 16785 16951 17118 17284 17450
698 14428 14572 14716 14861 15005 15149 15301 15452 15604 15755 15907 16066 16225 16384 16543 16702 16869 17036 17203 17370 17537
699 14500 14645 14790 14935 15080 15225 15377 15530 15682 15834 15986 16146 16306 16466 16626 16786 16953 17121 17289 17457 17625
700 14573 14718 14864 15010 15155 15301 15454 15607 15760 15913 16066 16227 16388 16548 16709 16870 17038 17207 17376 17544 17713
701 14646 14789 14934 15081 15228 15378 15528 15681 15834 15989 16146 16304 16464 16625 16788 16953 17119 17287 17456 17627 17800
702 14719 14863 15009 15156 15305 15455 15606 15759 15913 16069 16227 16386 16546 16709 16872 17038 17205 17373 17543 17715 17889
703 14793 14938 15084 15232 15381 15532 15684 15838 15993 16150 16308 16468 16629 16792 16957 17123 17291 17460 17631 17804 17978
704 14867 15012 15159 15308 15458 15610 15762 15917 16073 16230 16390 16550 16712 16876 17041 17208 17377 17547 17719 17893 18068
705 14941 15087 15235 15385 15535 15688 15841 15997 16153 16312 16471 16633 16796 16960 17127 17295 17464 17635 17808 17982 18159
706 15016 15163 15311 15461 15613 15766 15921 16077 16234 16393 16554 16716 16880 17045 17212 17381 17551 17723 17897 18072 18249
707 15091 15239 15388 15539 15691 15845 16000 16157 16315 16475 16637 16800 16964 17130 17298 17468 17639 17812 17986 18163 18341
708 15166 15315 15465 15616 15770 15924 16080 16238 16397 16557 16720 16884 17049 17216 17385 17555 17727 17901 18076 18254 18432
709 15242 15391 15542 15695 15848 16004 16161 16319 16479 16640 16803 16968 17134 17302 17472 17643 17816 17990 18167 18345 18525
710 15318 15468 15620 15773 15928 16084 16241 16400 16561 16723 16887 17053 17220 17389 17559 17731 17905 18080 18258 18437 18617
711 15395 15546 15698 15852 16007 16164 16323 16482 16644 16807 16972 17138 17306 17476 17647 17820 17994 18171 18349 18529 18710
712 15472 15623 15777 15931 16087 16245 16404 16565 16727 16891 17057 17224 17393 17563 17735 17909 18084 18262 18441 18621 18804
713 15549 15702 15855 16011 16168 16326 16486 16648 16811 16976 17142 17310 17480 17651 17824 17998 18175 18353 18533 18714 18898
714 15627 15780 15935 16091 16249 16408 16569 16731 16895 17060 17228 17397 17567 17739 17913 18089 18266 18445 18626 18808 18992
715 15705 15859 16014 16171 16330 16490 16651 16815 16979 17146 17314 17483 17655 17828 18003 18179 18357 18537 18719 18902 19087
716 15784 15938 16094 16252 16411 16572 16735 16899 17064 17231 17400 17571 17743 17917 18093 18270 18449 18630 18812 18997 19183
717 15863 16018 16175 16333 16494 16655 16818 16983 17150 17318 17487 17659 17832 18007 18183 18361 18541 18723 18906 19092 19279
13.c
Packet Pg. 249 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES)
19 of 19
Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
718 15942 16098 16256 16415 16576 16738 16902 17068 17235 17404 17575 17747 17921 18097 18274 18453 18634 18816 19001 19187 19375
719 16022 16179 16337 16497 16659 16822 16987 17153 17322 17491 17663 17836 18011 18187 18365 18545 18727 18911 19096 19283 19472
720 16102 16259 16419 16580 16742 16906 17072 17239 17408 17579 17751 17925 18101 18278 18457 18638 18821 19005 19191 19379 19569
721 16182 16341 16501 16663 16826 16991 17157 17325 17495 17667 17840 18015 18191 18369 18549 18731 18915 19100 19287 19476 19667
722 16263 16422 16583 16746 16910 17076 17243 17412 17583 17755 17929 18105 18282 18461 18642 18825 19009 19196 19384 19574 19765
723 16344 16505 16666 16830 16995 17161 17329 17499 17671 17844 18019 18195 18373 18554 18735 18919 19104 19292 19481 19672 19864
724 16426 16587 16750 16914 17080 17247 17416 17587 17759 17933 18109 18286 18465 18646 18829 19014 19200 19388 19578 19770 19964
725 16508 16670 16833 16998 17165 17333 17503 17675 17848 18023 18199 18378 18558 18740 18923 19109 19296 19485 19676 19869 20063
726 16591 16753 16918 17083 17251 17420 17590 17763 17937 18113 18290 18469 18650 18833 19018 19204 19392 19582 19774 19968 20164
727 16674 16837 17002 17169 17337 17507 17678 17852 18027 18203 18382 18562 18744 18927 19113 19300 19489 19680 19873 20068 20265
728 16757 16921 17087 17255 17424 17594 17767 17941 18117 18294 18474 18655 18837 19022 19208 19397 19587 19779 19973 20168 20366
729 16841 17006 17173 17341 17511 17682 17856 18031 18207 18386 18566 18748 18932 19117 19304 19494 19685 19878 20072 20269 20468
730 16925 17091 17258 17428 17598 17771 17945 18121 18298 18478 18659 18842 19026 19213 19401 19591 19783 19977 20173 20370 20570
731 17010 17176 17345 17515 17686 17860 18035 18211 18390 18570 18752 18936 19121 19309 19498 19689 19882 20077 20274 20472 20673
732 17095 17262 17431 17602 17775 17949 18125 18302 18482 18663 18846 19031 19217 19405 19596 19788 19981 20177 20375 20575 20776
733 17180 17349 17519 17690 17864 18039 18215 18394 18574 18756 18940 19126 19313 19502 19693 19886 20081 20278 20477 20678 20880
734 17266 17435 17606 17779 17953 18129 18307 18486 18667 18850 19035 19221 19410 19600 19792 19986 20182 20380 20579 20781 20985
735 17352 17523 17694 17868 18043 18220 18398 18578 18760 18944 19130 19317 19507 19698 19891 20086 20283 20481 20682 20885 21090
736 17439 17610 17783 17957 18133 18311 18490 18671 18854 19039 19226 19414 19604 19796 19990 20186 20384 20584 20786 20989 21195
737 17526 17698 17872 18047 18224 18402 18583 18765 18949 19134 19322 19511 19702 19895 20090 20287 20486 20687 20890 21094 21301
738 17614 17787 17961 18137 18315 18494 18675 18858 19043 19230 19418 19609 19801 19995 20191 20389 20588 20790 20994 21200 21407
739 17702 17876 18051 18228 18406 18587 18769 18953 19138 19326 19515 19707 19900 20095 20292 20491 20691 20894 21099 21306 21514
740 17791 17965 18141 18319 18498 18680 18863 19048 19234 19423 19613 19805 19999 20195 20393 20593 20795 20999 21204 21412 21622
741 17880 18055 18232 18410 18591 18773 18957 19143 19330 19520 19711 19904 20099 20296 20495 20696 20899 21104 21310 21519 21730
742 17969 18145 18323 18502 18684 18867 19052 19238 19427 19617 19810 20004 20200 20398 20598 20799 21003 21209 21417 21627 21839
743 18059 18236 18415 18595 18777 18961 19147 19335 19524 19715 19909 20104 20301 20500 20701 20903 21108 21315 21524 21735 21948
744 18149 18327 18507 18688 18871 19056 19243 19431 19622 19814 20008 20204 20402 20602 20804 21008 21214 21422 21632 21844 22058
745 18240 18419 18599 18781 18965 19151 19339 19528 19720 19913 20108 20305 20504 20705 20908 21113 21320 21529 21740 21953 22168
746 18331 18511 18692 18875 19060 19247 19436 19626 19818 20013 20209 20407 20607 20809 21013 21219 21427 21637 21849 22063 22279
747 18423 18603 18786 18970 19156 19343 19533 19724 19918 20113 20310 20509 20710 20913 21118 21325 21534 21745 21958 22173 22390
748 18515 18696 18879 19065 19251 19440 19631 19823 20017 20213 20411 20611 20813 21017 21223 21431 21641 21853 22068 22284 22502
13.c
Packet Pg. 250 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job
13.c
Packet Pg. 251 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule [Revision 2] (7064 : Approving Job Descriptions and Classifications and
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Edelia Eveland, Director of Human Resources
Subject: Reconsideration of the Petition for Recognition Filed by the
SBPDA (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, reconsider recognition of the San Bernardino Police Dispatch Association
(SBPDA) as the majority representative for the Police Dispatcher I and Police
Dispatcher II positions for the purposes of employer -employee relations with the City
and adopt Resolution No. 2021-140 granting their request.
Background
Resolution No. 10584, is the City’s Employer-Employee Relations Resolution (EERR)
establishes various rules governing the relationships between the City and its
employees, including rules governing the recognition and decertification of formal
employee representatives, as well as changes to existing bargaining units. In addition, it
provides specific methods for resolving disputes regarding wages, hours, and other
terms and conditions of employment. Resolution No. 10585 sets forth further rules and
regulations, including a grievance procedure designed to resolve disputes over the
EERR’s interpretation and application.
Pursuant to the EERR, the San Bernardino Police Dispatch Association (SBPDA) filed a
petition requesting formal recognition as the majority representative of the Pol ice
Dispatcher I and Police Dispatcher II positions (Attachment 2). These positions had
been placed in the General bargaining unit and represented by the International Union
of Operating Engineers, Local 12 (Operating Engineers). In other words, the dispat chers
desired to form a new and separate bargaining unit to be represented by SBPDA and
not the Operating Engineers. City staff determined that the petition met all of the
EERR’s procedural requirements, including proof that more than 50% of the employees
in the proposed dispatcher bargaining unit desired to be represented by SBPDA in their
employment relations with the City. The Operating Engineers also notified the City that
they had no objection to the dispatchers forming their own separate bargaining un it
represented by the SBPDA.
Because SBPDA met all the procedural requirements of a petition for recognition, and
because the Operating Engineers disavowed any interest they may have had to
14
Packet Pg. 252
7230
Page 2
continue representing the dispatchers if they were to be represented by SBPDA, City
staff forwarded the matter to the Mayor and City Council on February 17, 2021 for a
decision on whether to recognize SBPDA as the exclusive and majority representative
of the dispatchers for purposes of employer-employee relations with the City. The
Mayor and City Council rejected SBPDA’s petition, and SBPDA was subsequently
notified that its petition had been rejected.
On March 30, 2021, SBPDA filed a grievance of the decision to reject its petition,
effectively requesting that the Mayor and City Council reconsider their decision
(Attachment 3).
Discussion
The primary test to determine whether a proposed new bargaining unit is appropriate is
whether the positions in the proposed unit share a community of interest with each other
that may be separate and distinct from positions that are outside of that unit. Secondary
factors such as how those positions have been represented historically, whether they
are currently and adequately represented in another unit, and whether adding a new
unit would create an unreasonable administrative burden on City staff and operations
can be useful in making a recognition decision, especially when the primary “community
of interest” test may be inconclusive.
In the formal grievance and appeal document, SBPDA asserts the dispatchers do not
share a community of interest with other positions in the General Unit. Rather, they
claim a distinct community of interest in that the dispatcher job duties along with the
nature of the 24-hour shift work are vastly different than those other positions, for the
following reasons:
On average, dispatchers handle over 25,000 calls each year consisting of all
police activity and every major emergency in the City.
The stress load is high and continuous.
Police Dispatch is open 24 hours per day, 7 days per week, without time off
for holidays.
Dispatchers are the first point of contact in answering calls for service
including during major incidents such as the Inland Regional Center terrorist
attack.
Similarly to sworn peace officers, the Peace Officer Standards & Training
Commission establishes Public Safety Dispatcher candidate selection
standards and training requirements. The medical and psychological
screening standards are also particularly distinct from other general unit
position requirements.
The SBPDA’s grievance and appeal articulating differences in working conditions,
candidate selection standards, and training requirements are set forth in length in
Attachment 3.
When evaluating the SBPDA grievance and appeal for reconsideration it is important to
contemplate which unit or employee organization will assure employees the fullest
14
Packet Pg. 253
7230
Page 3
freedom in exercising their rights, and which employees have common job
responsibilities. As mentioned above, other factors such as the effect on the existing
bargaining structure, the effect of the unit or employee organization on City operations,
and the history of the unit are also taken into consideration. It is important to note, these
factors would have to outweigh the right s of employees to organize which share distinct
working conditions, and recruitment, selection, and retentions standards to be in a
strong position to deny recognition.
SBPDA has met all the requirements to be granted formal recognition as outlined in t he
City’s EERR and applicable statutes. Pursuant to Government Code Section 3507.1 (c),
a public agency is required to grant exclusive or majority recognition to an employee
organization based upon proof that a majority of the employees support recognition of
the unit. Representatives of SBPDA submitted written proof confirming they represent
more than 50% of the employees in the Police Dispatcher I and Police Dispatcher II
positions for purposes of employment relations with the City. Accordingly,
reconsideration for formal recognition of the SBPDA as the majority representative by
the Mayor and City Council for purposes of representing such employees with the City
is being requested through the City’s grievance and appeal procedure.
If the petition is not granted by the City, it is likely the SBPDA will have the option of
filing another case to petition recognition through the Public Employment Relations
Board (PERB), a quasi-judicial administrative agency charged with administering the
collective bargaining statutes covering California public employees. Previously, PERB
redirected the SBPDA to file the petition with the City since they will not conduct
representation proceedings if the City has adopted local procedures that provide for
severance. The grievance and appeal process is the final administrative remedy
available for the SBPDA with the City. It is anticipated PERB would hear the matter the
second time around if action is brought forward by SBPDA.
2020-2025 Key Strategic Targets and Goals
Establishing a newly-created San Bernardino Police Dispatch Association (SBPDA)
aligns with Key Target 2b: Focused, Aligned Leadership and Unified Community - Build
a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
Recognition of the San Bernardino Police Dispatch Association (SBPDA) has no
immediate fiscal impact. No changes to wages and benefits are being considered as
part of this action. Upon recognition the SBPDA would have to negotiate any
compensation enhancements, similar to the other recognized bargaining groups. Any
potential for enhancements are subject to the review and approval of Mayor and City
Council.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, reconsider recognition of the San Bernardino Police Dispatch Association
(SBPDA) as the majority representative for the Police Dispatcher I and Police
Dispatcher II positions for the purposes of employer -employee relations with the City
14
Packet Pg. 254
7230
Page 4
and adopt Resolution No. 2021-140 granting their request.
Attachments
Attachment 1 Resolution No. 2021-140
Attachment 2 Exhibit A - Petition for Formal Recognition by the San Bernardino
Police Dispatch Association (SBPDA)
Attachment 3 SBPDA Grievance
Ward: All
Synopsis of Previous Council Actions:
January 19, 1971 Mayor and City Council adopted Resolution No. 10584, establishing
Uniform and Orderly Methods of Communications Between the City
and Its Employees for the Purpose of Promoting Improved
Employer-Employee Relations.
January 19, 1971 Mayor and City Council adopted Resolution No. 10585, adopting
Rules and Regulations Relating to Employer-Employee Relations.
February 17, 2021 Mayor and City Council rejected the adoption of Resolution No.
2021-30, recognizing the San Bernardino Police Dispatch
Association (SBPDA) as the majority representative for the Police
Dispatcher I and Police Dispatcher II positions for the purposes of
employer-employee relations with the City.
14
Packet Pg. 255
RESOLUTION NO. 2021-______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RECOGNIZING THE SAN BERNARDINO POLICE
DISPATCH ASSOCIATION (SBPDA) AS THE MAJORITY
REPRESENTATIVE OF THE POLICE DISPATCHER I
AND POLICE DISPATCHER II POSITIONS FOR THE
PURPOSES OF EMPLOYER-EMPLOYEE RELATIONS
WITH THE CITY
WHEREAS, the City of San Bernardino received a Petition for Recognition from the
San Bernardino Dispatch Association (SBPDA) of the City of San Bernardino requesting that the
Mayor and City Council recognize the San Bernardino Police Dispatch Association (SBPDA ) as
a separate bargaining unit to negotiate terms and conditions of employment for unit members
with the City;
WHEREAS, in accordance with the City’s Employer-Employee Relations Resolution
No. 10584; SBPDA’s Petition for Recognition is in compliance with Section 9 (A) of Resolution
No. 10584 as an appropriate unit with community interest;
WHEREAS, written proof submitted by the SBPDA established that it represents more
than 50% of the employees in the proposed unit;
WHEREAS, as required by the City’s Employer – Employee Relations Resolution No.
10585 Section 3, Rule 1 (A) provides, an employee organization may challenge the petition
within thirty (30) days from the date of notice;
WHEREAS, the City did not receive a petition for recognition from a challenging
employee organization;
WHEREAS, on February 17, 2021, the Mayor and City Council rejected SBPDA’s
petition and the SBPDA was subsequently notified of the rejection;
WHEREAS, on March 30, 2021, the SBPDA filed a grievance for reconsideration of the
decision to reject its petition; and
WHEREAS, the City is once again bringing forward this resolution to formally
recognize the San Bernardino Police Dispatch Association (SBPDA) in accordance with
application statutes and City Resolutions.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City hereby finds that the Petition for Recognition is in compliance
with the requirements for such petition and that the proposed unit, comprised solely of full-time
Police Dispatcher I and Police Dispatcher II positions, is an appropriate unit.
14.a
Packet Pg. 256 Attachment: Attachment 1 - Resolution No. 2021-140 Reconsideration of the Petition for Recognition Filed by the SBPDA (All Wards) [Revision
Resolution No. ___
SECTION 2. The City hereby formally recognizes the San Bernardino Police Dispatch
Association (SBPDA), consisting of the positions set forth in Section 1 of this Resolution, as the
majority representative of the employees in such bargaining unit for purposes of representing
them in their employment relations with the City.
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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.a
Packet Pg. 257 Attachment: Attachment 1 - Resolution No. 2021-140 Reconsideration of the Petition for Recognition Filed by the SBPDA (All Wards) [Revision
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
14.a
Packet Pg. 258 Attachment: Attachment 1 - Resolution No. 2021-140 Reconsideration of the Petition for Recognition Filed by the SBPDA (All Wards) [Revision
14.b
Packet Pg. 259 Attachment: Attachment 2 - Exhibit A - Petition for Formal Recognition by SBPDA (7230 : Reconsideration of the Petition for Recognition Filed
14.b
Packet Pg. 260 Attachment: Attachment 2 - Exhibit A - Petition for Formal Recognition by SBPDA (7230 : Reconsideration of the Petition for Recognition Filed
14.b
Packet Pg. 261 Attachment: Attachment 2 - Exhibit A - Petition for Formal Recognition by SBPDA (7230 : Reconsideration of the Petition for Recognition Filed
To whom it may concern-
The dispatchers in the City of San Bernardino are the first-responder a citizen of the city will contact when
they call 911. We are here 24 hours a day, 7 days a week, every day of the year. We are the connection between
the community and any police, fire, or medical treatment. The non-supervisory dispatchers recognized how
we are less aligned with other city employees and their needs and formed the San Bernardino Police Dispatch
Association or SBPDA. The SBPDA is an established 501(c)(3) non-profit and an officially recognized
association with the State of California. We seek to be the official recognized bargaining unit for those
dispatchers. For the last 12 months we have been working with the City of San Bernardino and complied
with everything set forth by the city to become officially recognized as the negotiating group of the people we
represent.
Background
The average dispatcher in the city handles over 25,000 calls a year and we handle every major emergency
that enters the city, that number is on par with the City of Anaheim which has 40% more population. On the
dispatching side, we have an entire overview of the city and its crime. We coordinate with outside agencies
including EMS, helicopters, other police agencies and any other resource we need to ensure public safety.
The Dispatchers have handled every major police incident known. When the first calls came in on December
2nd from the Inland Regional Center, it was not police officers who answered the calls. It was the Police
Dispatchers. When calls came in from Northpark Elementary about an active shooter, it was not the fire dept
that handled those calls, it was the police dispatchers. When the citizens of the city, including frantic store
owners, called in on May 30th, 2020 regarding their businesses being looted, once again it was the dispatchers
of the San Bernardino Police Department who answered their call. Along with the Police Officers, dispatchers
were the only unit to be activated to emergency 12 hour shift; they remained so along with the officers. Just like
the officers, Police Dispatch is open 24 hours a day, 7 days a week, with no time off for holidays. If someone
in this city calls 911, then we are on the other end of the line. The stress load is high and continuous. Since the
city has declared bankruptcy, the city has cut 25% of the available positions from the dispatch center which has
caused the current employees to have an increased workload.
Assembly Bill 1945, approved September 11th, 2020, added the Public Safety Dispatcher as a first responder in
California; all police dispatchers are 1st responders, but the non-supervisory dispatchers are not represented by
the San Bernardino Police Officers Association, we are represented by the IUOE or the International Union of
Operating Engineers as a General Unit classification. Even without this bill, our job duties are vastly different
than any other job classification within the City of San Bernardino. Similar to law enforcement officers, our
training is a yearlong dedicated process, and we must meet exacting certified requirements of the P.O.S.T. or
Peace Officer Standards and Training. Much like police officers and other 1st responders, dispatchers in the
City of San Bernardino can also be held civilly liable for their actions. We currently are afforded no protection.
San Bernardino Police Dispatch Association
Edelia Eveland
Director of Human Resources
City of San Bernardino
290 North “D” Street
San Bernardino, California
92401
14.c
Packet Pg. 262 Attachment: Attachment 3 - SBPDA Grievance (7230 : Reconsideration of the Petition for Recognition Filed by the SBPDA (All Wards))
The SBPDA has worked with a team of lawyers that can protect our members from such litigation.
Economic Impact
The act of non-supervisory dispatchers separating from the general unit would have no economic impact with
the City of San Bernardino. Separation is outside of any collective bargaining.
Formal Grievance
The SBPDA has complied with the process of formal recognition set forth in Employer-Employee Relations
Resolution 10585. We believe the dispatcher job description and 24 hour shift work is vastly different than any
other job in our bargaining group. The SBPDA was formed by the Dispatchers of San Bernardino to seek formal
recognition by the City of San Bernardino as a bargaining unit.
On Feb 17th, 2021, The City of San Bernardino denied the request for the SBPDA to become formally
recognized as the bargaining unit for the Dispatcher I's and Dispatcher II's employees with the City of San
Bernardino. We believe the City of San Bernardino has violated resolutions 10584 § 4, and 10584 § 11(A)
(1) in regards to this formal recognition. Per Resolution 10584, § 4 the employee "shall have the right to
form, join and participate in the activities of employee organizations of their own choosing for the purpose
of representation of all matters of employer-employee relations", and per Resolution 10584, § 11(A)(1) "The
employee organization found to represent a majority of the employees in an appropriate unit shall be granted
formal recognition and is the only employee organization entitled to meet and confer in good faith on matters
within the scope of representation for employees in such unit". Per the cities own language and rules, "shall" is
mandatory.
Based on these established resolutions, the City of San Bernardino cannot deny the dispatchers the right of
self-representation. All non-supervisory Dispatchers are members of the SBPDA; they have voted for the
SBPDA to represent them in Employer-Employee Relations with the city. As such, we believe that the SBPDA
has followed all the rules and regulations set forth by the city, as set forth in Resolution 10584 § 9, (A)1-9. As
the City of San Bernardino failed to recognize its own Resolution 10584 § 9, (A)1-9, this leaves the SBPDA no
other recourse but to file an official grievance on behalf of its members currently employed in the City of San
Bernardino.
Sincerely,
Matthew Abrego
Matthew Abrego
President
San Bernardino Police Dispatch Association
14.c
Packet Pg. 263 Attachment: Attachment 3 - SBPDA Grievance (7230 : Reconsideration of the Petition for Recognition Filed by the SBPDA (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director
Subject: License Amnest y and Fee Waivers (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-141 authorizing the Director of Animal Services to enact a
temporary amnesty program waiving late fees and penalties for dog licenses; and
2. Adopt Resolution 2021-160 authorizing the Director of Animal Services to enact
reduced or waived fees.
Background
Authorization to establish a 60-day long dog license amnesty program for dog owners in
the City will provide the opportunity for dog owners to license their pets without paying
late fees and penalties, thereby supporting public safety by ensuring dogs receive
rabies vaccination through the licensing process.
Authorization to waive adoption fees and impound fees for animals impounded at the
shelter will encourage the public to either redeem their owned pet or adopt a new pet
from the shelter, reducing the number of animals unclaimed at the shelter and reducing
the length of time animals spend at the shelter waiting for adoption.
Discussion
The Department of Animal Services (“Animal Services”) processes approximately 3,500
dog licenses per year. Per San Bernardino Municipal Code Chapter 6.08, all dogs in the
City are to be licensed, rabies vaccinated, and must be wearing their license tags at all
times.
The Animal Services dog license fee varies between altered (spayed/neutered) and
unaltered dogs. The current annual fee for an altered dog license is $24 (Senior Citizen
Discount $12) and an unaltered dog license is $96. There is also a $25 delinquent fee
for dog owners who have not renewed the dog license. Dog owners who have owned
their dogs for consecutive years and have never purchased a dog license are charged
the corresponding license fee for each year of ownership up to four years, plus the $25
15
Packet Pg. 264
7319
Page 2
late fee for each year the dog was not licensed.
The Director of Animal Services recommends approval of a dog license amnesty
program tentatively set for July 1, 2021 through August 31, 2021. Pet o wners who
license or renew their dog's license during the amnesty period would only be required to
pay the regular fee of $24 for an altered dog license or $96 for an unaltered dog license.
All delinquent fees for licensing, late penalties, and non -compliance will be waived
during the amnesty period. Owners who request an altered dog license with the
intention to spay or neuter their pets would be given a temporary two -week license, at a
fee of $24 or $12 in the event the owner is a senior citizen, in order to complete and
provide proof of sterilization to Animal Services.
Dog licensing is an essential part of responsible pet ownership and helps reunite
owners with lost pets. Animal Control Officers also have the ability to return licensed
dogs to their owners in the field without ever needing to bring the dog to the shelter. If
someone finds a lost pet wearing a license tag, they can contact Animal Services who
can notify the owner and connect them with their lost pet without ever needing to
impound the animal. Animal Services is responsible for rabies control and the dog
licensing process helps protect the community by ensuring dogs receive a rabies
vaccination. Other jurisdictions that have offered amnesty programs indicate that as the
benefits of dog licensing are publicized through amnesty programs, most dog owners
continue to renew licenses in the future. Therefore, the benefits of an amnesty program
would have a long lasting effect in the City.
Mayor and City Council approval is requested to waive late fees, and penalties that
have been billed prior to the amnesty period for those dog owners participating in the
program. While delinquent dog licenses and delinquent fees will be waived, it is
anticipated that additional revenue will be generated from the potential increase in
issuance of one-year altered and unaltered dog licenses. Furthermore, revenues will be
generated from those dog owners who participate in the amnesty program that have
never purchased a license in the past.
In fiscal year 2019/20, the Department impounded 4,898 domestic dogs and cats. Only
502 or 10% of these animals were redeemed by their owners. It is unknown how many
of the remaining animals were abandoned at the shelter due to the owner's inability to
pay for redemption fees. In order to encourage more pet owners in the City to redeem
their animal from the shelter, the department is proposing to remove the ability to pay as
a barrier to a resident claiming their animal.
The Department would offer reduced fees or fee waivers to residents able to provide
proof that they are low-income, and/or experiencing a recent event such as emergency
hospitalization, house fire or evacuation from their residence. In an effort to further
incentivize licensing compliance, the Department would al so offer a one-time fee waiver
to owners who redeem their currently licensed and vaccinated pet within twenty-four
(24) hours of impound provided the pet does not have a history of aggression.
For those pets that remain unclaimed at the shelter, the Depa rtment is proposing
15
Packet Pg. 265
7319
Page 3
reduced adoption fees during the year to encourage public adoption of shelter animals
during special events and when the shelter's capacity increases to a level above sixty
percent (60%). According to the American Society for the Preven tion of Cruelty to
Animals (ASPCA), reduced adoption fees can result in a decreased length of stay for
animals, leading to an overall decrease in operating costs for the shelter.
Animal Services will promote the dog license amnesty and fee waiver program s to local
media through press releases and media notifications, and will include information in the
City's newsletter, website, information flyers, and public education services.
2020-2025 Key Strategic Targets and Goals
The proposed action is consistent with Key Target No. 1: Financial Stability as it
encourages dog licensing compliance in the City to ensure stable revenue for the
Department; Key Target No. 2: Focused, Aligned Leadership and Unified Community as
it would encourage residents to engage with the Department and practice responsible
pet ownership; and Key Target No. 3: Improved Quality of Life by removing barriers to
pet redemption and adoption and by increasing the number of dogs licensed and fully
vaccinated against rabies in the City.
Fiscal Impact
Since Animal Services has never offered an amnesty program or fee waivers in the
past, there is no empirical data that can be relied on to predict results. Other
jurisdictions that have recently implemented an amnesty program have reported
increases of up to 10% in licensing compliance and revenues during and immediately
after the amnesty period. Additionally, industry data suggests that waivers for adoption
fees can increase revenue through donations to the Department. The combination of
reduced adoption fees and fee waivers as incentives to owner redemption of impounded
pets may reduce the average length of stay for all animals, leading to a healthier
population at the shelter and reduction in the cost of veterinary care. Animal Services
believes that with a continued focus on improving compliance, combined with the added
benefits of an amnesty program and fee waivers, dog license compliance and shelter
revenues should improve over the previous year's results.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-141 authorizing the Director of Animal Services to enact a
temporary amnesty program waiving late fees and penalties for dog licenses; and
2. Adopt Resolution 2021-160 authorizing the Director of Animal Services to enact
reduced or waived fees.
Attachments
Attachment 1 Resolution 2021-141 Resolution Authorizing Director of Animal
Services to Establish a License Amnesty Program
Attachment 2 Resolution 2021-160 Resolution Authorizing Director of Animal
15
Packet Pg. 266
7319
Page 4
Services to Enact Reduced or Waived Fees
Ward: All
Synopsis of Previous Council Actions:
May 20, 2020 The Mayor and City Council approved Resolution 2020-106,
establishing certain fees for services.
15
Packet Pg. 267
RESOLUTION NO. 2021-___
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF ANIMAL SERVICES
TO ENACT A TEMPORARY AMNESTY PROGRAM
WAIVING LATE FEES AND PENALTIES FOR DOG
LICENSES
WHEREAS, Chapter 6.08 of the San Bernardino Municipal Code provides policies for
the possession of dogs within the City of San Bernardino; and
WHEREAS, Section 6.08.030 provides that “[i]t is unlawful for any person, firm or
corporation to own or harbor any dog within the City, except as provided in this Chapter, without
securing a license thereof, and maintaining a tag thereon, as specified in this Chapter”; and
WHEREAS, Section 6.08.030 is mandatory and all dogs over the age of 4 months must
be licensed within 30 days; and
WHEREAS, owners of dogs within the City that are not licensed face late fees and
penalties established by the Department of Animal Control; and
WHEREAS, because of the economic downturn brought on by the COVID-19
pandemic, some dog owners may have delayed purchasing their annual dog license and are now
subject to late fees and penalties; and
WHEREAS, it is in the public interest for the City to be able provide opportunities for
dog owners to economically renew their dog licenses; and
WHEREAS, the City Council wishes to authorize the Director of Animal Services to
enact a temporary amnesty program which would waive all late fees and penalties for dog
licenses; and
WHEREAS, it is in the public interest for the Director to be able to enact a temporary
amnesty program whereby all late fees and penalties are waived for renewed or new dog
licenses.
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 Animal Services (“Director”) is hereby authorized to
develop and administer a temporary Amnesty Program waiving late fees and penalties for dog
licenses for a period of 60 days.
15.a
Packet Pg. 268 Attachment: Attachment 1: Resolution No. 2021-141 Authorizing Director of Animal Services to Establish a License Amnesty Program (7319 :
Resolution No. ___
SECTION 3. The Director is hereby authorized to waive prior years’ unpaid licensing
and late penalty fee imposed by the City for late registrations.
SECTION 4. The Amnesty Program shall apply to any dog owner who makes their dog
license current by mail, online or in person.
SECTION 5. 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 , 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 269 Attachment: Attachment 1: Resolution No. 2021-141 Authorizing Director of Animal Services to Establish a License Amnesty Program (7319 :
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the day of
, 2021 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
, 2021.
Genoveva Rocha, CMC, City Clerk
15.a
Packet Pg. 270 Attachment: Attachment 1: Resolution No. 2021-141 Authorizing Director of Animal Services to Establish a License Amnesty Program (7319 :
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF ANIMAL SERVICES
TO ENACT REDUCED OR WAIVED FEES IN SPECIFIED
INSTANCES AND TO TAKE REASONABLE STEPS IN
ENSURING THAT THE ANIMAL SHELTER DOES NOT
REACH UNSUSTAINABLE CAPACITY LEVELS
WHEREAS, on May 20, 2020, the Mayor and City Council of the City of San
Bernardino adopted Resolution No. 2020-106, establishing certain fees for services and
regulatory activity furnished by the City of San Bernardino, establishing certain penalties for
violation of law, repealing Resolutions Nos. 2008-277, 2009-122, and 2009-161, and taking
other actions related thereto; and
WHEREAS, the fees and penalties established include Department of Animal Control
fees and penalties; and
WHEREAS, during normal economic circumstances, there may circumstances where it
is in the public interest for the City to reduce or waive such fees and/or penalties because people
may be low-income or receive public assistance or because they have faced emergency
situations, any of which would merit some relief from the full amount of fees and/or penalties ;
and
WHEREAS, during the COVID-19 global pandemic, the same circumstances where it is
in the public interest for the City to reduce or waive such fees and/or penalties because people
may be low-income or receive public assistance or because they have faced emergency situations
have become more widespread due to a variety of reasons, including increased unemployment
and increased numbers of health emergencies and associated financial costs; and
WHEREAS, it is in the public interest for the City to be able to recoup some reduced
fees and penalties from those who have challenging financial circumstances than not recoup any
fees or penalties at all; and
WHEREAS, it is in the public interest for members of the public to have an option
available to pay a reduced fee or penalt y, or have a fee or penalty waived, and come into
compliance with local laws and regulations and establish good standing with the City’s
Department of Animal Control as opposed to not having the financial circumstances to pay a full
fee or penalty amount and remain in violation of local laws and regulations; and
WHEREAS, the current impound fee for nonspayed cats and unneutered dogs is higher
than the statutory minimum fees set forth in the Food and Agriculture Code; and
WHEREAS, the City is limited by Food and Agriculture Code sections 30804.7 and
31751.7 to being able to reduce its normal impound fee for nonspayed cats and unneutered dogs
15.b
Packet Pg. 271 Attachment: Attachment 2: Resolution No. 2021-160 Authorizing Director of Animal Services to Enact Reduced or Waived Fees (7319 : License
Resolution No. 2021-__
to no lower than the limits established by those same state code sections and not being able to
waive those fees; and
WHEREAS, the City is mandated by Food and Agriculture Code sections 30505 and
31751.4 to waive any charges for adoption fees of dogs and cats upon a showing of proper
identification of status as a veteran; and
WHEREAS, it is in the public interest for currently licensed and vaccinated animals to
be returned to their owners without requiring an impound fee when the animals have been
impounded within twenty-four (24) hours of claiming the animals, as it is possible that animals
escape their owners by accident; and
WHEREAS, it is in the public interest that the City’s public animal shelter not reach or
exceed capacity because it leads to the euthanasia of animals in the shelter, which in some
instances can be very costly to the City, and deprives the animal s of a home and deprives
members of the public of an opportunity to adopt an animal; and
WHEREAS, it is in the public interest for the City’s public animal shelter to not exceed
sixty percent (60%) capacity in order to ensure that it does not have to euthanize animals in order
to create space for the shelter to receive additional animals; and
WHEREAS, it is in the public interest for the City’s public animal shelter to be able to
hold, at a minimum, four (4) free adoption events each calendar year, and any additional free
adoption events, subject to the Director of Animal Service’s discretion, in order to help the
shelter achieve and maintain its goal of keeping the shelter’s capacity at or below sixty percent
(60%); and
WHEREAS, it is in the public interest for the Director to be able to charge a reduced fee
or waive a fee related to animal adoptions in order to help the animal shelter achieve and
maintain its goal of keeping the shelter’s capacity at or below sixty percent (60%).
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 Animal Services (“Director”) is hereby authorized to
provide a one-time waiver of the fee for failure to renew within 30 days of expiration an animal
license registration, at the discretion of the Director or his or her designee if it would serve the
public interest to do so.
SECTION 3. The Director is hereby authorized to waive all impound fees for dogs and
cats that are currently licensed within the City, provided it is a first-time impound, the animal has
no history of aggression, and the animal is returned within twenty-four (24) hours of impound.
SECTION 4. The Director is hereby authorized to waive all animal impound fees: (a)
when impound is a result of the emergency hospitalization or death of the owner or the result of a
15.b
Packet Pg. 272 Attachment: Attachment 2: Resolution No. 2021-160 Authorizing Director of Animal Services to Enact Reduced or Waived Fees (7319 : License
Resolution No. 2021-__
house fire, provided, in all such cases, that the impounded animal is redeemed within sev enty-
two (72) hours of impound; or (b) when impound is the result of mandatory or voluntary ordered
evacuations, provided the impounded animal is redeemed within thirty (30) days of impound.
SECTION 5. The Director is hereby authorized to charge a reduced fee or waive a fee
related to animal services, including but not limited to impound fees and veterinary services
costs, when it would serve the public interest to do so, except to the extent limited by or
prohibited by applicable law. Examples of serving the public interest include, but are not limited
to, providing a discount or waiver to individuals who have provided proof of receiving public
assistance, proof of being low-income, or proof of experiencing a recent financial or health
emergency. Qualifying proof of low-income status includes either: (a) proof of participation in
one of the following benefit programs: the Supplemental Nutrition Assistance Program
(SNAP)/CalFresh, Supplemental Security Income (SSI), Temporary Assistance for Needy
Families (TANF), Low Income Energy Assistance Program (LIHEAP), or Low Income Rate
Assistance (LIRA); or (b) recent tax returns demonstrating annual household income not in
excess of two times the per household income amounts set out in the then current annual
Department of Health and Human Services poverty guidelines.
SECTION 6. The Director is hereby authorized to hold, at a minimum, four (4) free
adoption events each calendar year, and any additional free adoption events, subject to the
Director’s discretion, in order to help the animal shelter achieve and maintain its goal of keeping
the shelter’s capacity at or below sixty percent (60%). The Director is further authorized, in
addition to the ability of holding free adoption events, to be able to charge a reduced fee or waive
a fee related to animal adoptions in order to help the animal shelter achieve and maintain its goal
of keeping the shelter’s capacity at or below sixty percent (60%).
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 8. 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 9. 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 , 2021.
John Valdivia, Mayor
City of San Bernardino
15.b
Packet Pg. 273 Attachment: Attachment 2: Resolution No. 2021-160 Authorizing Director of Animal Services to Enact Reduced or Waived Fees (7319 : License
Resolution No. 2021-__
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.b
Packet Pg. 274 Attachment: Attachment 2: Resolution No. 2021-160 Authorizing Director of Animal Services to Enact Reduced or Waived Fees (7319 : License
Resolution No. 2021-__
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the day of
, 2021 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
, 2021.
Genoveva Rocha, CMC, City Clerk
15.b
Packet Pg. 275 Attachment: Attachment 2: Resolution No. 2021-160 Authorizing Director of Animal Services to Enact Reduced or Waived Fees (7319 : License
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: First Amendment to Landscape & Irrigation Maintenance
Agreement-Inland Empire Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-142 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreement with Inland Empire Landscape, Inc., for landscape maintenance in
Assessment District No. 1024 (Area I).
Background
On March 21, 2018, the Mayor and City Council approved Resolution 2018 -84 awarding
a contract to Inland Empire Landscape, Inc. for the Maintenance and Irrigation of
Landscaping in Assessment District No. 1024 (Area I) in the amount of $8,402.44 with
two optional one-year extensions.
Discussion
Inland Empire Landscape, Inc. is one of several companies providing landscape
services in City maintained landscape maintenance districts. The Vendor Services
Agreement in place with Inland Empire Landscape, Inc., is set to expire on June 30,
2021. In an effort to better align expiration of all City contracts for landscape
maintenance, staff is requesting a one year extension for the three agreements to
coincide with the expiration of existing landscape and irrigation maintenance contracts
citywide. Extension of these agreements will provide staff the time necessary to
evaluate all City-wide landscape service needs, conduct a new request for proposal and
secure the best possible pricing for landscape and irrigation maintenance services for
FY 2022/23.
2020-2025 Key Strategic Targets and Goals
This contract extension is consistent with Key Ta rget No.1b: Financial Stability -
Implement, maintain, and update a fiscal accountability plan and create a framework for
spending decisions.
Fiscal Impact
The costs associated with these landscape services are supported through property
assessments in established landscape maintenance districts. A 2.19% CPI increase
16
Packet Pg. 276
7336
Page 2
was negotiated with Inland Empire Landscape for the one year extension, resulting in a
total contract increase of $184.01 for FY 2021/22 as shown below:
Contract
Area FY20/21 Contract Amount
FY21/22 2.19%
CPI Increase FY21/22 Contract Amount
Area "I"8,402.44$ 184.01$ 8,586.45$
Inland Empire Contract Summary
Conclusion
Adopt Resolution No. 2021-142 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreement with Inland Empire Landscape, Inc., for landscape maintenance in
Assessment District No. 1024 (Area I).
Attachments
Attachment 1 Resolution No. 2021-142
Attachment 2 Resolution No. 2021-142; Exhibit "A"- Amendment No. 1
Attachment 3 Resolution No. 2018-084
Attachment 4 Agreement
Ward: 3
Synopsis of Previous Council Actions:
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-84 awarding
contract to Inland Empire Landscape
16
Packet Pg. 277
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE FIRST AMENDMENT TO THE
VENDOR SERVICE AGREEMENT WITH INLAND
EMPIRE LANDSCAPE, INC. FOR THE MAINTENANCE
OF LANDSCAPING IN ASSESSMENT DISTRICT NO. 1024
(AREA I)
WHEREAS, the Public Works Department oversees the operations and maintenance of
City infrastructure; and
WHEREAS, the City currently contracts with a number of vendors to assist the Public
Works Department with critical repairs and services; and
WHEREAS, these vendor service contracts have been approved through the City’s
procurement process; and
WHEREAS, On March 21, 2018, the Mayor and City Council approved Resolution
2018-84 awarding a contract to Inland Empire Landscape, Inc. for maintenance of landscaping in
Assessment District No. 1024 (Area I) in the amount of $8,402.44 with two optional one-year
extensions; and
WHEREAS, the City Council now wishes to amend the existing Vendor Service
Agreement with Inland Empire Landscape, Inc. for the maintenance of landscaping in
Assessment District No. 1024 (Area I) in order to extend the term for an additional term of one
year and to provide additional funds for the continued performance of services.
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 to execute the First
Amendment to the Vendor Services Agreement attached hereto and incorporated herein as
Exhibit “A” with Inland Empire Landscape, Inc. for the maintenance of landscaping in
Assessment District No. 1024 (Area I).
SECTION 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions,
and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. CEQA. 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
16.a
Packet Pg. 278 Attachment: Attachment 1 - Resolution No. 2021-142 First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire
Resolution No. ___
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Effective Date. This Resolution shall become effective July 1, 2021 to
June 30, 2022.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
16.a
Packet Pg. 279 Attachment: Attachment 1 - Resolution No. 2021-142 First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
16.a
Packet Pg. 280 Attachment: Attachment 1 - Resolution No. 2021-142 First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire
AMENDMENT NO. 1 TO AGREEMENT FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT NO. 1024 (AREA I)
WITH INLAND EMPIRE LANDSCAPE, INC.
This Amendment No. 1 to the Agreement for the Maintenance of Landscaping in
Assessment District No. 1024 (Area I) is made and entered into as of June __, 2021
(“Effective Date”) by and between the City of San Bernardino, a charter city and
municipal corporation (“City”) and Inland Empire Landscape, Inc., a California
Corporation (“Vendor”). City and Vendor are sometimes referred to herein individually
as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated April 5, 2018, for the purpose of providing the maintenance of landscaping in
Assessment District No. 1024 (Area I) (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for a n additional term of one year,
and to include additional funds for the continued performance of the services in
accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed One Hundred Eighty-Four Dollars and One Cent
($184.01), thereby increasing the total annual not to exceed compensation of the
Master Agreement to the amount of Eight Thousand Five Hundred Eighty-Six Dollars
and Forty- Five Cents ($8,586.45). Work shall be performed at the rates set forth in the
Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the
Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email or other means of electronic transmission shall
16.b
Packet Pg. 281 Attachment: Attachment 2 - Exhibit "A" - Amendment No. 1 [Revision 1] (7336 : First Amendment to Landscape & Irrigation Maintenance
be deemed to have the same legal effect as delivery of an original execu ted copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
16.b
Packet Pg. 282 Attachment: Attachment 2 - Exhibit "A" - Amendment No. 1 [Revision 1] (7336 : First Amendment to Landscape & Irrigation Maintenance
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO AGREEMENT FOR THE MAINTENANCE OF
LANDSCAPING IN ASSESSMENT DISTRICT NO. 1024 (AREA I) WITH INLAND
EMPIRE LANDSCAPE, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
One on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
INLAND EMPIRE LANDSCAPE, INC.
Signature
Name
Title
16.b
Packet Pg. 283 Attachment: Attachment 2 - Exhibit "A" - Amendment No. 1 [Revision 1] (7336 : First Amendment to Landscape & Irrigation Maintenance
1
2
3
4
5
6
7
81
9
10
11.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-84
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO INLAND EMPIRE
LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT
DISTRICT NO. 1024 (AREA 1) IN THE AMOUNT OF $8,402.44 WITH TWO
OPTIONAL ONE-YEAR EXTENSIONS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Inland Empire Landscape is the lowest responsible bidder for Area "I":
Maintenance of Landscaping in Assessment District No. 1024, per Plan No. 9859a. A
contract, attached hereto as Exhibit "A" and incorporated herein by reference, is awarded
accordingly to said bidder in a total amount of $8,402.44 for the initial term beginning on
April 1, 2018, through June 30, 2019. All other bids for Area "P', therefore, are hereby
rejected.
SECTION 2. The City Manager is hereby authorized to execute the Contract with
Inland Empire Landscape, attached hereto as Exhibit "A".
SECTION 3. This contract may be extended by two additional one (1) year terms as
set forth in said contract.
SECTION 4. The above authorization is rescinded if the parties to the contract fail to
file a fully executed copy of said contract with the City Clerk within sixty (60) days of the
passage of this Resolution.
111
111
111
u1
111
111
111
111
1
16.c
Packet Pg. 284 Attachment: Attachment 3 - Resolution 2018-84 (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO INLAND EMPIRE
LANDSCAPE FOR THE MAINTENANCE OF LANDSCAPING IN ASSESSMENT
DISTRICT NO. 1024 (AREA I) IN THE AMOUNT OF $8,402.44 WITH TWO
OPTIONAL ONE-YEAR EXTENSIONS
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
21 St day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
X
ABSTAIN ABSENT
Georgeann Ifanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
R. Carey Davi , Mayor
City of San 1yernardino,
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
16.c
Packet Pg. 285 Attachment: Attachment 3 - Resolution 2018-84 (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire
f
ACCT. NO: 254 -150 -<Project No.> -5506:
FILE NO.: 14.40A-1
AD 1024 -PROJECT NO.: 6014
CITY OF SAN BERNARDiNti
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
FOR
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES
IN PORTIONS OF ASSESSMENT DISTRICT NO. 1024
AREA "I")
2017-18) PLAN AND SPECIAL PROVISIONS NO.9859A
SCHEDULE 1, AD 1024)
ENG%
i
CIVIL.
Y CAL15
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
DECEMBER 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON JANUARY 30 201
1141AW6'XIA) 601AP17— " A-
0
16.d
Packet Pg. 286 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
FILE NO.:14-4OA-I
ACCT. NO: 254 -150 -Project No.> -5506:
AD 1024 - PROJECT NO.: 6014
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT NO. 1024
AREA "I")
CONTRACT DOCUMENTS
2017-18) PLAN AND SPECIAL PROVISIONS NO.9859A
SCHEDULE 1, AD 1024)
FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706.
16.d
Packet Pg. 287 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
December 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON
Januar, X 2018
INDEX
BID DOCUMENTS
A. Notice Inviting Bids
B. Proposal Form
C. Bid Schedule
D. Designation of Sub -Contractors
E. Worker's Compensation Certification
F. Non -Collusion Affidavit
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - Payments/General
SECTION 7 - Description of Work
SECTION 8 - Technical Specifications
SECTION 9 - Irrigation/System
SECTION 10 - Shrubs and Ground Cover Plants
SECTION 11 - Fertilizer and Pest Control Agents
SECTION 12 - Lawn/Turf
SECTION 13 - Slope/Bank/Drain Maintenance
SECTION 14 - Weed Control
SECTION 15 - Trees
CONTRACT AGREEMENT
16.d
Packet Pg. 288 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
rj ,) IPA.
0MDILI, m
ADIVTN "S"I'lATION
16.d
Packet Pg. 289 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
Engineer's Estimate:
RANGE: $1500 to 2,500
NOTICE INVITING BIDS
AREA "I")
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), on file in the
Office of the City Engineer, San Bernardino City Hall.
Deliver all bids to the City Engineer's Office, Second Floor, 201 North "E" Street, San Bernardino,
California, with the specification title and number and "SEALED BID" clearly marked on the outside
of the envelope.
Said bids or proposals will be received up to the hour of 2:00 P.M. on Tuesday January 30. 2018 at
which time all of said bids or proposals will be publicly opened, examined and declared in the City
Engineer's Conference Room.
No bid will be received unless it is made on a proposal form famished by the City. All bids or
proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond
made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash,
check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him.
In the event the bidder refuses to execute said contract, the use by the public of the improvements will
be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the
above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and
not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety
company having a rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No.
90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by
references as fully as though set forth at length herein, have ascertained and determined the general
prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each
craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and
Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: httpllwww.dir.ca.govldirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
16.d
Packet Pg. 290 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
and made a part thereof
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance
under the contract as provided for in Section 22300 of the California Government Code and Section
10263 of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any
Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and
mechanics employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, national origin, sex, age, or marital status as set
forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San
Bernardino.
The term of the contract will continue from April 1, 2018 to the termination date of June 30, 2019,
renewable for up to a maximum of two (2) additional one year periods by mutual agreement between the
Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each
such renewal.
A Mandator3, Pre -Bid meeting will be held on TuesdaN-. Januar- 23. 2018, at 2:00 P.M., at the office
of the City Engineer, City Hall, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. This
meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of
subcontracting and material supply opportunities and to make the prime contractor aware of the City's
outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting
is mandatory. Attendance and/or certification may be used as part of the good faith effort.
There will also be a non -mandatory pre-bid field review, following the pre-bid meeting. Due to the large
number of Assessments Districts, the field review maybe continued the following day, at 9:00 am, at the
office of the City Engineer, Second Floor, 201 North `B" Street, San Bernardino, CA 92401.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations
from contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening, The CITY
reserves the right to take all bids under advisement for a period of 90 calendar days
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be
allowed to submit a bid for any other assessment district landscape maintenance contract during that
period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
Contractor must- submit along with bid, copies of the California Agricultural Pest Control Certificate,
for the person(s) or firm performing the work), and copies of certificates for chemical applications from
the County of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at: a-"- .ci.san-bemardino.uu.ubiticivi- xom for bid: 'clic works/defaults
Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon
request, a CD of the Plans and Special Provisions may be mailed for an additional fee of $10.
16.d
Packet Pg. 291 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the
scheduled day of the Bid Opening. Only those funis listed on the CITY's "LIST OF PLAN
HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for
this Project.
The Contractor shall possess a Class C-27 License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work
and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive
and healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
Specific questions regarding this project should be submitted in writing to the City Engineer's Office as
follows:
City of San Bernardino
C/O Public Works / City Engineer
290 North "D" Street
San Bernardino, CA 92401
Attention: Ryan Aschenbrenner
Tel: (909) 384-5126/5140
E-mail: dsenenbrenner E Lcusbcitti .org
Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be
communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted
after the bid opening, will not be treated as a bid protest.
Written responses will only be provided to written questions. No written response will be provided
to verbal questions.
NOTICE TO ADVERTISE
SPECIFICATION NO. 9859A
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE:_ Janua- , 3, 2 018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE,
CITY OF SAN BERNARDINO
City Clerk
16.d
Packet Pg. 292 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work and read the
accompanying instructions to bidders and the entire contract documents and hereby proposes to fiunish
any and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), on file in the
Office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard
Specifications for Public Works Construction, current edition, as amended by the Special Provisions and
Landscape Cost Estimating" by Colton, current edition.
Undersigned proposes and agrees if this proposal is accepted, that he will contract with the City of San
Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery,
tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials
specified in the contract, in the manner and time therein prescribed, and that he will take in full payment
therefore the following unit prices or lump sum prices, to -wit:
16.d
Packet Pg. 293 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
PAGE 1 ACCOUNT NUMBER 254-150-6014*5506
BID SCHEDULE
PLAN NO. 9859A (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 1024 — INLAND CENTER AND RiVERWALK
SIC BID
TOTAL
UNTT ANNUAL
ITEM QTY. UA7T DESCALPTTON OF ITEMS PRICE PRICE
1 1 L.S. Maintenance of plants, shrubs,
16,500 sq.ft. groundcover and irrigation
f) system, including hardscaped
areas at the lumi_ sum price of: L.S. 1,300.00
Maintenance of trees and
2 1 L.S. irrigation system at the lump L.S. S
sum price of:
TOTAL BASIC BID
A)
448.95
SCHEDULE 1 i 1, 748.95 i
16.d
Packet Pg. 294 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
PAGE 2 ACCOUNT NUMBER 254-150-6014*5506
BID SCHEDULE
PLAN NO. 9859A (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 1024 – INLAND CENTER AND RIVERWALK
SUPPLEMENTAL ITEMS OF WORK
ITEM QTY. UNIT DESCRIPTION OFITEMS
Replacement of Trees (15 gal.) per each130EACH
2 10 EACH Replacement of Shrubs (1 gal.) per each
EACH Replacement of Shrubs (5 gal.) per each310
TOTAL
PRICE
UNIT (Quantity x
PRICE Unit Price)
60.00 $ 1,800.00
5.75 $ 57.50
15.00 $ 150.00
425.00
4 25 FLAT Replacement of Ground Cover per flat
a $ 17.00
5 35 EACH Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe, i
j fittings, etc.? per each —$11...00 385.00
6 35 EACH Replacement of Sprinkler Heads : Pop-up
type, 12" or over, including necessary
pipe, fittings, etc., per each 15.50 542.50
7 10 EACH Replacement of Sprinkler Heads : Rotor
type, under 12" including necessary pipe,
fitdags, etc., ;der each 15.00 150.00
S 10 EACH Replacement of Sprinkler Heads : Rotor
type, 12" or over, including necessary
Pipe, fiitin&s, etc., -Per each 17.00 170.00
9 5 EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe,
fittings, etc.,
per each 9.00 45.00
10 48 HOURS Cost of labor for irrigation system repair
for EXTRA woRK ger hour 26.00 1,248.00
TOTAL SUPPLEMENTAL
ITEMS OF WORK SCHEDULE 1)_ 4,973.00
TOTAL BID
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK (SCHEDULE 1) 6.721.95
16.d
Packet Pg. 295 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
PAGE 3 BID SUMMARY
BID SUMMARY
ALL SCHEDULES
Indicate Total Bid for each schedule in the spaces provided and the total of all schedules.
TOTAL BID: $
SCHEDULE 1- AD 1024 1.748.95
TOTAL CONTRACT -
SUMOF ALL SCHEDULES $ 61721.95
16.d
Packet Pg. 296 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
BID NOTES:
1. The total price must be extended for each item of work and the total of all items inserted in the space
provided.
2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work.
3. An estimate of the square footage involved in each Basic Bid item has been provided to assist
the Contractor but are not to be construed as actual quantities. The Contractor, by submitting
bid, has satisfied themselves of the actual character and quantity of work and the price bid will be
for the lump sum unit price.
4. An estimate of the quantities involved in each Supplemental Items of Fork item has been
included for the bid comparison purposes only and no adjustment shall therefore be made in the
contract unit price for increased or decreased quantities.
16.d
Packet Pg. 297 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
April 1; 2018 except as previously noted, and shall continue in a good and worlananlike manner for the
term of the contract.
The undersigned further agrees that in case of default in executing the con tract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall
be paid to the City of San Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF
CONTRACTORS,
LICENSE NO. 802299
CLASSIFICATION C27 C61 /D49
FIRM NAME: inland Empire LandsWe, Inc.
Busmss ADDRESS: _2456 Kern Street San Bernardino, Ca 92407
SIGNATURE OF BIDDER:
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also
the names of the president, secretary, treasurer and manager thereof.
President: Joel lbarra
Sec -jag- Joel Ibarra
Treasurer: Joel lbarra
TelohoW No.( 9093 473-9066
Dated— January 29 220 18
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO. I DATE:
ADDENDUM NO.2 DATE:
ADDENDUM NO.3
A!
DATE:
16.d
Packet Pg. 298 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
Inland Empire Landscape, Inc.
BIDDER'S FIRM NAME
DESIGNATION OF SUB-CONTRACTORS
In compliance with the provisions of Section 4100-4110 of the Public Contract Code of the State of
California, and any amendments thereof; each bidder shall set forth below the name and location of each
sub-contractor who will perform work or labor or render service to the Contractor.
Agency of
Name & Address MBE/WBE
Under Which Certification
Subcontractor and Number Sub-Contractor Sub-Contract Specific
Licensed (If Applicable) Phone No. Amount Sub-contract
NIA
16.d
Packet Pg. 299 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
WORKER'S COMPENSATION INSURANCE
CER CATION .:.
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance before commencing
any of the work.
Contractor:
NAME OF FIRM: Inland Empire Landscape, Inc.
By: Joel lbarra —
TITLE: President
DATE: 1/29/2018
16.d
Packet Pg. 300 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid)
To the City of San Bernardino, State of California, Department of Public Works:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
The he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
Inland Empire Landscape, Inc. _
Joel Ibarra- President
Signature of Bidder
2456 Kem Street San Bernardino, Ca 92407
Business Address
Place of P esidence
Subscribed and sworn to before me this ....29th _ .4ay of _Januar. 20jD.
SUSAN C. MONnON
Susan C. Monteon Notary Public in and for the County ofCommission NO. 2MI347NOTARYPUBLIC-MtFOAN1A 15
wyCem. r:q*n XLY 13.2021Riverside._ — _ State of California.
My Commission expires on._ Ju 13, _ _ ___ 2021 .
16.d
Packet Pg. 301 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside
On January 29, 2018 before me,
Date
personally appeared Joel Ibarra
SUSAN C. MONTEON
Commission No. 2201347
r> t, NOTAR.Y Pueuc-cnuFORM
VERSIDE COUNTY
F4 Comm. EViM JULY 13.2M"
Susan C. Monteon
Insert Name of Notary exactly as it appears on the official seal
Neme(s) of Signer(s)
Notary Public,
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(les),
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 ftheStateofCaliforniathattheforegoingparagraphistrue
and correct.
Witness my ha. d and official seal.
Signature
Place Notary Seal Above Signature of Notary Public Susan C_.M—onteon
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Number of Pages:
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Tide(s): Corporate Officer—Title(s): _
Partner Limited General Partner Limited General
Attorney in Fact - Attorney in Fact RIGHT THUbIBPRfl f,
Trustee Trustee OF S1GtqER
Guardian or Conservator plofbMhere Guardian or Conservator Top of thumb here
Other Other:
Signer is Representing: Signer is Representing:
16.d
Packet Pg. 302 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
FORN OF INID BOND.
KNOW ALL NMN BY THESE PRESENTS, that we, the undersiped,.
Landscapp, Inc. rpal,
Developers Surety and Indemnity Company as Surety, an hereby and
I ------------ rr-7 - -- - , ..., - ... . ........ . ......
firmly bound unto the, CIW. of San Bernardiao State of Nifolfi* to as "Obligee in the penal
W a ten Percent ( 0-0% l "d the total aurin i*of tin bid of the Principal submitted to the Obligee for the work described
below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executor., administrators,
successors and assigns.
THE CONDMON OF THIS OBLIGATION IS SUCH, THAT:
WREREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a pad hereof to enter into
a contract in writing, for the For. The Maintenance of A&LcLaLndspand A Rurtea — nant Facilitiespqqe _
In PortionsOf Assessment District No: 1024 - Area I
Copy here the exact title descripfion of work including location, as it appears on the B1d and'Con-UW D'ocuments)
far which bids are tobeopengdo.0 January 30, —2018
Insert date of openings
NOW, ' THEREFORE,
9L If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Primilml shall execute a contract
in the Form of contract attached hereto (properly completed in accordw= with said Bid)
and shall furnish a bond for his faithbul performance of said contract,
and shall in all other respects per -form the agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and effect; it being sly understoodoDd and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein staged.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Obligee may accept such BK- and said Surety does hereby
waive notice of any such extankon.
signed, this 2l th day of. January 208
IN WITNESS WHEREOF, the Principal and the Surety have hermato set their hands and seals, and awh of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first meftfloncd r% 1 0A
1q).and Empire Landscap Inc4sEAL)
Principal
By-
7ignatyre
Joel fbarra, President
Printed Name and Title
eye opers UIVLY an
InoggIffl y_qq_pjppq__r_(SEAL)
Surety
B,
SignatureA
Susan C. Monteon, Aftdrnev-in-Fact
Prriited Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form
16.d
Packet Pg. 303 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside
On January 29 2018 before me, Janelie L. Tuominen_ NotaryPublic,
Date Insert Name or Notary exactly as it appears on the official seat
personally appeared Susan C. Monteon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same In his/her/their authorized capacity(ies),
and that by his/her/their.signature(s) on the instrument the
L. Wit" person(s), or the entity upon behalf of which the person(s)
ty
o acted, executed the instrument.
x 1 certify under PENALTY OF PERJURY under the laws of
CMS' the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.} `
Signature..-
Place Notary Seal Aboveture of Notary Public
OIPTfONAL. -
Though the information below is not required by law itmay prove valuable to persons relying on the document
and could prevent fraudulent removal ana reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: - _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer—Titte(s):
rl ParfnPr f I Limited General
Number of Pages:
Signer's Name:
Individual
Corporate Officer—Title(s):
Partner Limited General _
ttomey in Fact
rustee
uard is n or Conservator Top of thumb here
ether.
er is Representing:
16.d
Packet Pg. 304 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
i
STATE OF CALIFORNIA
County of Riverside
On January 29, 2018
Date
before me, Susan C. Monteon
personally appeared _ Joel Ibarra
SUSAN C. MONTEON
t = Commission No. 2201347
Z `' • NOTARY PUBLIC -CALIFORNIA
RNERSIDE COUNTY
Comm. Erpkn JULY 13, 2021
Place Notary Seal Above
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
Notary Public,
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 helshelthey
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 ,A_,(2
ignature of Notary Public guwnC.Monteon
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _
Individual
Corporate Officer —Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Signer's Name:
Individual
Corporate Officer—Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
16.d
Packet Pg. 305 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEM N[TY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint
Susan C. Monteon, Janeile L. Tuominen, jointly or severally—
as their true and lawful Attorney(s)-fn-Fact, to make, execute, delMer and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attarney(s)-in-Fact full power and authortly to do and to perform every act necessary, requisite, or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations fun power of substitution and revocation, and all of the acts of saki Attomey(s)-in-Fact, pursuant to these
presents, are hereby notified and confirmed.
This Power of Attorney is granted and is signed by facsimile under end by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2006.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vkre-President, Senior V•Ics-President or any Vice President of the
corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February, 2017.
w
By; _ •! - 'gl <y AND +•, w O
Daniel Young, Senior Vice -President r' o,f• ~•ti f
0
By.
Mark Lansdon, Vice -President
0 oil
A notary public or other officer completing this certfficate 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 Califomia
County of Orange
On _ Februa,y6.2017 _ before me,
Oats
personally appeared
LUCILLEVvkj iD '
Commission # 2051945
Notary Public • Calllorufa
Cranpe County i
M Comm. E91res CCt 13.201
Place Notary Seal Above
Lucille Re mond WE . Public
Here loser! Name and Td a or the omoer
Daniel Young and Mark Landon
NWe(s)ar5lgaer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within Instrument and acknowledged to me that helshonay executed the same in hislherltheir authorized
capacfty(les), and that by hislherhheir 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 _ —. _
LudW '7'-Y- ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNrry' COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in fug force and has not been revolted and, furffiermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 29th day of January 2018. v AND ry Qr g
By: . ` ° ' `1936
ft#il As irtt .
i T
y N. rr oa;"rra=
ATS -1002 (02/17)
16.d
Packet Pg. 306 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
ART 11
S?ECIAL PROVISIONS
16.d
Packet Pg. 307 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special Provisions set
forth herein, the "Landscape Cost Estimating" by Colton, and in accordance with the following Special
Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they
shall be understood to mean and refer to the following:
AYenc/Owner - The City of San Bernardino.
Board - The Mayor and Common Council for the City of San Bernardino.
Engineer - The City Engineer, Department of Public Works for the City of San Bernardino or
authorized designee.
Inspector - Authorized designee of the Engineer.
Laborator - The laboratory to be designated by the City of San Bernardino to test materials
and work involved in the contract.
Notice Advertising for Bids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works Construction, current
edition.
Land sccaa. e Cost Reference - "Landscape Cost Estimating" by Colton, current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent
and meaning specified in Section 1-2, "Definitions" in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and
these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such
conflicting portions.
1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the
responsibility of the City and is not a part of this contract.
1-D TOT LOT_EODUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if
any, shall be the responsibility of the City and is not a part of this contract.
SP -1
16.d
Packet Pg. 308 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 2
BID RE. UIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be
signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to
the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond
shall be given as a guarantee that the bidder will enter into the contract if his bid is approved and the
Mayor is authorized to execute the contract. In the event the bidder whose bid is approved refuses to
execute said contract, the use by the public of the improvements will be delayed and the public will
suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the
bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a
forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
2-11 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals
for participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution
No. 95-409 by the mayor and Common Council of the City of San Bernardino, on 11-20-95. This
outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated
January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business
enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested
subcontractors of 15%. MBE and 5% WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise, certified by Caltrans.
SP -2
16.d
Packet Pg. 309 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs),
Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate
in the performance of all City contracts. Bidders shall assist the City in implementing this policy by
taking all reasonable steps to ensure that all available business enterprises, including local MBEs and
WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good
faith efforts to reachout to MBEs, WBEs and all other business enterprises shall be determined by the
following factors:
1) The bidder attended pre -solicitation or pre-bid meetings, if any, scheduled by the City to
inform all bidders of the requirements for the project for which the contract will be awarded. The City
may waive this requirement if the bidder certifies it is informed as to those project requirements.
2) The bidder identified and selected specific items of the project for which the contract will be
awarded to be performed by sub -contractors to provide an opportunity for participation by MBEs,
WBEs and other business enterprises. The bidder shall, when economically feasible, divide total
contract requirements into small portions or quantities to permit maximum participation of MBEs,
WBEs and other business enterprises.
3) The bidder advertised for bids from interested business enterprises not less than ten calendar
days prior to the submission of bids, in one or more daily or weekly newspapers, trade association
publications, minority or trade oriented publications, trade journals, or other media specified by the City.
4) The bidder provided written notice of its interest in bidding on the contract to those
business enterprises, including MBEs and WBEs, having an interest in participating in such contracts.
All notices of interest shall be provided not less than ten calendar days prior to the date the
bids were required to be submitted. In all instances, the bidder must document that invitations for
sub -contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of
work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested MBEs,
WBEs and other business enterprises.
5) The bidder documented efforts to follow up initial solicitations of interest by contacting the
business enterprises to determine with certainty whether the enterprises were interested in performing
specific portions of the project.
6) The bidder provided interested enterprises with information about the Plans, Specifications and
requirements for the selected sub -contracting work.
7) The bidder requested assistance from organizations that provide assistance in the recruitment
SP -3
16.d
Packet Pg. 310 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the
submission of bids.
8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises
and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the
city. As documentation the bidder must submit a list of all sub -bidders for each item of work
solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises.
9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business
enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor.
If the City has established expected levels of participation for MBE and WBE sub -contractors,
failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the
adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith
as set forth above,
In the event that the City is considering awarding away from the lowest bidder or not awarding a
contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the
good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract,
afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public
hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away
pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of
participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined
in California Public Contract Code Section 2000(f) . Nothing herein restricts the discretion of the City
to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino
Municipal Code.
The directions set forth herein shall take effect immediately, and all City Departments shall modify
their implementation programs to the extent such programs are inconsistent with this policy.
SP -4
16.d
Packet Pg. 311 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is approved by the Mayor and Common Council with the
Mayor authorized to execute the contract shall file with the Engineer all required bonds and insurance
policies and execute the contract within 10 calendar days after receiving notification of the approval.
Failure to file the stipulated documents and execute the contract within the prescribed time shall
constitute good and sufficient grounds for recession of the award and payment of 10% of the bid to the
City as liquidated damages. Action by the Mayor and Common Council in approving a bid and
authorizing the City Manager to execute a contract shall be deemed to obligate the bidder to proceed in
accordance with the bid bond to execute the contract and provide required documentation (e.g.,
insurance policies and performance bond) to the City. No work shall be undertaken toward the
completion of the contract, nor subcontracts entered into, until the contract has been fully executed by
both the Contractor and City.
z_A CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the
Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT
BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may
deposit with the City a cash amount equal to $500 or ten percent (10%) of the total amount bid for the
first year's maintenance, whichever is greater. The amount so deposited shall be retained by the City of
San Bernardino and will be returned to the Contractor upon completion of the term of the contract.
There will be no interest paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a
maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works.
3-1) COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is
encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
SP -5
16.d
Packet Pg. 312 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and
performance report relative to the project area. Contractor and Inspector shall meet at least once each
month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the
report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion.
4-B INSPECTIONS -- An inspection form will be completed by the Inspector every week. Any items
noted not to be in compliance with the specifications will be discussed immediately with the
Contractor's on site representative. Correction of these items shall be accomplished as set forth at
Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a
timely manner, shall constitute sufficient grounds for further action, up to and including termination of
the contract. Contractor or his representative shall also meet once each week on site for field inspections
with the Inspector to discuss and sign said inspection report. Failure on the part of the Contractor to
meet at the designated time and place will result in a 10% reduction in the monthly contract
payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking
responsible representative of the Contractor shall be designated in writing at the time this contract is
executed by the Contractor. This representative shall be considered as an agent of the Contractor with
authority to receive official notices and make binding agreements on the prosecution of the work. The
Inspector shall be given 5 days prior written notice of a change in such representative.
4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the
Contractor's personnel, and shall be so attired at all times, including all necessary safety attire,
equipment, and vehicles, which shall also bear the Contractor's State License number.
4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in
compliance with this Agreement, or brought into compliance within the period of time allotted, may be
withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by
the City to correct the problem or for services not fulfilled by the Contractor. A statement will be
provided with the monthly payment describing the reason for withholding a portion of the payment and
a listing of the amount. (See also Section 6-E of these Special Provisions.)
4-F TERMINATION OF CONTRACT -- Failure to perform specified items of work as provided in
these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and
sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and
will be effective 15 calendar days after receipt of said notice.
Notification of any termination will be given to the surety, who shall have the right to take over the
contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract
within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance
services with the right to recover damages from the principal or the surety arising from the principal's
failure to perform.
SP -6
16.d
Packet Pg. 313 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted
November 21, 1994, the Mayor and Common Council established a policy which states that any
assessment district landscape Contractor who has their contract terminated by the City for
non-performance shall be deemed a "non -responsible" bidder for a period of three years following the
date of termination and will not be allowed to submit a bid for any other assessment district landscape
maintenance contract during that period. A Contractor so deemed may appeal such finding in
accordance with Chapter 2.64 of the San Bernardino Municipal Code.
SP -7
16.d
Packet Pg. 314 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 5
LEGAL REQUIREMENTS
5-A LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability
Insurance" of the Standard Specifications, providing that the Contractor shall furnish the City with a
policy or certificate of liability insurance as prescribed therein, prior to the execution of the contract.
The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement
shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD
Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind
the insurance provider. (See attached sample forms.)
Following is the required minimum limits of Insurance:
Bodily Injury .... $250,000 each person
500,000 each occurrence
500,000 aggregate products
and completed operations
Property Damage ... $100,000 each occurrence
250,000 aggregate
A combined single -limit policy with aggregate limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in
Section 7-3 of the Standard Specifications.
5-13 WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to
Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the
Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and
its Subcontractors before execution of the contract.
5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City
of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby
referred to and made a part hereof by references as fully as though set forth at length herein, have
ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for
legal holidays and overtime work for each craft or type of workman needed in the execution of contracts
under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.htnil
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof.
IM
16.d
Packet Pg. 315 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
The inspector shall have the right to interview any craft or worker on the project site in order to
verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage
shall comply with current rates and all updates. Also, the City retains the right to examine the
Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly
certified payrolls may be required by Inspector in the event of a problem becoming evident.
5-D SAFETY REQUIREMENTS -- All work performed under this contract shall be performed in such
manner as to provide maximum safety to the public and the safety standards outlined in the Federal
OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work
under this contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his operations. Any hazardous conditions noted by the
Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909)
384-5111.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or
pesticides proposed for use under this contract for approval by the Inspector. This listing shall be
limited to chemicals approved by the State of California, Department of Agriculture and not appearing
on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and
generic formulation, California Registration No. and Chemical Abstract Service No. (Case #), and based
on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the
current San Bernardino County Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by the
Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify
or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or
pesticides and hereby specifically reserves to itself full rights against any party for any damages which
are proximately caused by the negligence or improper use of any such chemicals, herbicides or
pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector.
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained
from the County of San Bernardino Department of Agriculture and written permission has been obtained
from the Engineer.
5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it
will not discriminate against any employee or applicant for employment because of race, color, religion,
sex, marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such action
shall include, but not be limited to, the following: Recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, Contractor shall not exclude from participation
under this Agreement any employee or applicant for employment on the basis of age, handicap or
religion, in compliance with state and federal laws.
SP -9
16.d
Packet Pg. 316 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
5-H SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter 8.54 of
the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during
the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and
Common Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but
not limited to trucks, mowers, weed eaters, blowers or other equipment that may or may not be owned
by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
5-I PERAHTS & LICENSE -- The Contractor shall obtain a City Business Registration prior to
execution of the contract.
SP -10
16.d
Packet Pg. 317 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
1lEOHD6 CERTIFICATE OF INSURANCE 02/1+ 5/98
PRODUCER THIS CERTIFICATE ISSUED AS A MATTER OF WORMATION ONLY AND
COVERS NO RIGHTS UPOK THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEN1% EXTEND OR ALTER THE CONRAGE
COMMERCIAL ASSOCIATES INS, INC
1226 EAST LA PALMA AVE COMPANIES AFFORDING COVERAOE
COGIVANY
ANAHEIM, CA 92807
I I . w. r n n • n e n r n s n e n A CNA—TRANSCONTINETAL
3N&U= COMPANY
B CNA—VALLEY FORGE
INLAND LANDSCAPING SERVICES COMPANY
3000 CALIFORNIA STREET C CHUBB GROUP—FEDERAL INSURANCE
COMPANYSANBERNARDINO, CA 92407
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREIIAW, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLgdMW YYTTH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THE INSURANCE AFFORDED BY THE FOLIC" DESCRIBED M91EIN IS SLM ECT TO ALL
THE TERMS, EQCLULSIONS AND CONDITIONS OF S" POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF I IRIPANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIQ$ --
LTR DATE I:t61 MDI DATE WNY/IDDS
GENERAL LIABILITY GENERAL AGGREGATE s2,000,000
FRODUCTS440POPAM s 1,000,000
7ti S c IALOENIMLLLgBbJn
PMB 111011 LA ADV KJURY 11,000,000
cuse MADE ® OCCUR
g102'2,07576S 75765 02/01/98 02/s?:/9c ocCaRMCE s1,000,000
FIRE oAlAAGEfAryr.ft) s 50,000
OVIAI S S CONTRACTOR'S PROs
leen A,p IAer am o.ml : . 5, 000
AV YGMEOBILE LIIBMLNTY
COMBINED SMBLE UWF ! 1, 000, 000
ARY AvrO
BOO&YNuun t
X ALL OWWM AUTOS mw pwsc*
SCHEDULED AUTOS
Nom AUTOS BODILY auuRY s
NOHOWNEDAUTOS BAP 5197125 02/G1/98 02/61/95
P"ftcid@rM
PROPERTY ACCIDENT
GARAGE LIABRITY AtROOltLY.EA ACcKmT
ANY AUTOdr
kJ
EXCESS UlABB.ITY
At ATE E
USIBIMLA FORM
fOTNERTIlimmRELLAFORY _.
WORKERS COMIPENSATNIN AND
Tl EREMPLOYE" U"L"
EL EAC*i ACCMW
THEPRW &I mR7
PARTN A CUTNE MCLR.EXCL
EL F« -POLICY t,IR s
ELOREASE-EAEILPLOYEE lOFFNCERSARE
OTHER
Di ICRWTAON W OFMATIO"fLOCAT IIIPENAL TNEMLM
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: AD 2000, CONTRACT 9898
BELOW NAGS AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIRCATE HOLDER CANCELLATT{rIH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEILEO BEFORE THE
THE CITY OF SAN HERNP_RDINO
EXPIRATION DATE THEREOF, THE1SSUNG COLIIPANYWLL Ni+A3 M6Astr MdML
DEPARTMENT OF DEVELOPMENT SERVICES
flAYIl RITM NOTICE TO THE CERMCATE HOLDER NAtAFEE TO THE LEFT.
PUBLIC WORKS DIVISION or' IRA 1011a I Racal
300 NORTH "D" STREET
Au_nt== EMWTAUvEE
J ni A'V J t7L .710
SAN BERNARDINO, CA 92418-0001
ACORD 25-S (1186} ACORD CORPORATION 1888
16.d
Packet Pg. 318 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
290 NORTH "D" STREET
SAN BERNARDINO, CA 92401
If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or
for you.
NOTE: MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY
ALSO SUPPLY POWER OF ATTORNEY GIVING A UTHORITY TO BIND
CG 20 10 1185
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP -12
16.d
Packet Pg. 319 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 6
PAYMENTS/GENERAL
6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the
month the work is performed, or 21 days after approval by the Inspector, whichever occurs later. The
first payment may be pro -rated in accordance with the actual portion of the month worked. Request for
payments must be submitted each month and shall be hand delivered to the Inspector at the monthly
evaluation meeting.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
provided by the Inspector for extra work billing and the work must have been previously
approved as set forth in Section 6-1) below. Upon acceptance and approval of the billing by the
City, payment for Extra work will be made the following billing cycle.
6-B PAYMENTS WITHHELD -- The City may withhold payment to such extent as may be necessary
to protect the City from loss due to:
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third parties against the
City
arising from the performance of the Contractor or any subcontractor under this agreement.
3. Maintenance not being performed or completed.
6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and
shall be based upon actual damages and/or the amount and type of maintenance not completed.
Retention of payment for damaged irrigation components, or loss of any plant material may be released
to the contractor upon repair or replacement of the needed items or completion of work. Deductions for
incomplete or inadequate maintenance not performed at the required schedules shall be a permanent
deduction.
6-1) EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA
WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of
California Business and Transportation Agency, Department of Transportation, Division of
Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless
the extra work is done for a negotiated price. Prior approval shall be obtained in writing from the
Engineer, or his designee, before performing any extra work, except for urgently needed repairs to the
irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of
material invoices and rental receipts, if any, as backup for the amount charged Extra Work includes
repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or
replacement of items needing repair or replacement due to the Contractor's negligence or failure to
perform the scheduled maintenance and contractor shall be required to make necessary repairs or
replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall
make final determination if work needed is due to vandalism or contractor's negligence.
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price
SP -13
16.d
Packet Pg. 320 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing
landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to
Contractor's negligence shall be classified as Supplemental Items of Work. All supplemental work
performed shall be as directed by the Inspector and then Engineer.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard
Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be
made in the contract unit price for increased or decreased quantities of Supplemental Items of Work.
64 PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his
operations.
6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance
elements of the maintenance contract. The Inspector will be responsible for checking the performance
of the Contractor to the established standards and reporting any lack of maintenance to the Engineer.
The Contractor will be notified of any maintenance failure and will have a reasonable amount of time,
as determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If
after said reasonable amount of time the problem has not been resolved, a formal notice of
noncompliance will be sent to the Contractor with a specific target date to resolve the problem. If the
problem is still present on the specific target date, the Inspector will notify the Engineer who will have
the option of terminating the contract and re- advertise for a new contractor. The necessity of sending
more than two (2) formal notices to the Contractor to correct a maintenance failure anywhere within the
contract area shall constitute grounds for termination of the contract. In such event, then the amount of
cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to
cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by
the Agreement.
6-H HOURS OF LABOR -- The Contractor shall conduct his operations during the hours specified in
Section 7-B-2.
6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such
capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work
required under this contract during the regular and prescribed hours. All such personnel shall be
physically able to do their assigned work. The Contractor and his employees shall conduct themselves
in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined
by the Inspector, with a company identifying marker. The Inspector may require the Contractor to
immediately remove from the work site any employee(s) observed to pose a threat to the public and
whose continued employment on the job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who may be a working
Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with
respect to performance of this contract. Adequate and competent supervision, as determined by the
Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment
of a first-class job.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in
the prices paid for the various contract items of work involved and no additional compensation will be
SP -14
16.d
Packet Pg. 321 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
allowed therefore.
64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any
provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court
costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the
City Attorney, and members of his office, in connection with that action shall be considered as attorney's
fees for the purpose of this agreement.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
SP -15
16.d
Packet Pg. 322 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 7
DESCRIPTION OF WORK
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and
irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive
condition and the irrigation system in a fully operational manner. All services shall be provided in a
good workmanlike manner, consistent with the standards of the industry as determined by the Inspector.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the
following:
7-B-1 Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; raking;
fertilization; weed control; control of all plant diseases and pests; mowing; edging, irrigation and
drainage systems; and all other maintenance required to maintain the contract areas in a safe, attractive,
usable, healthy and vigorous condition.
All other areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if any),
within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for
weeding.
Unimproved areas beyond described limits are not a part of this contract.
For unimproved areas within described limits, ten (10) feet from curb face shall be maintained
weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use
and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved
areas to be maintained are shown on the Plan.
7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance
required under this contract from Monday through Friday and as specified in this Section of these
Special Provisions. Exceptions may be made to normal working hours (7:30 a.m. to 4:30 p.m.) where
incidence of use may be too great during the hours specified to allow for proper maintenance. The
Inspector may grant, on a case by case basis, permission to perform contract maintenance at other
hours.
7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance
of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of
any work required by these specifications, and any changes in scheduling shall be reported in writing, to
the Inspector immediately.
7-114. The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In
addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning
and other infrequent operations shall be furnished to the Inspector at least five (5) working days in
advance of performing these operations.
SP -16
16.d
Packet Pg. 323 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
7-B-5. The Contractor will be responsible for replacing trees and plant material due to over
watering, under watering or improper horticultural practices or neglect as determined by the Inspector at
Contractor's cost.
7-C MAINTENANCE SCHEDULES
The following items of work shall be performed by the Contractor with the frequency indicated:
Pick up of trash and debris Weekly or as needed.
Note. Areas adjacent to high pedestrian traffic may
require
more frequent pickup of trash as determined by the
inspector.
Complete Irrigation Test Weekly (with Inspector)
Rodent Control Weekly
Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure
proper and adequate irrigation. (e.g. daily during hot, dry
weather).
Trimming/Pruning Trees/Shrubs
way
Fertilization - (small trees,
shrubs, ground cover)
Fertilization - (turf)
Weeding Slopes (all debris to
be removed- Slope Areas are
as shown on Plan)
Every two months (areas adjacent to sidewalks & right of
as needed)
Semi-annually
Quarterly
Monthly
Continual Weeding (all shrub/
planter beds, banks, and ALL other
areas including hardscape, sidewalks
and expansion joints not defined as
Slopes) Weekly
Raking beds; removal of leaves,
pine needles, etc. Weekly
Shrub/planter bed edging Semi-monthly
SP -17
16.d
Packet Pg. 324 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
Sweeping/Blowing Walks (after
mowing and edging)
Washing walks/Median Hardscape
Concrete Drainage channels cleaned
Spraying pre -emergent
Spraying for weeds
Turf mowing
Turf edging
Turf trimming *
Turf aerification
Turf renovation **
Overseeding
Pest control on trees
Leach Irrigation ***
min. 12" of water)
Weekly
Monthly
As needed
Quarterly
As needed
Weekly
Weekly
Weekly
Annually (before July 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
As needed
4 Times Annually
With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
Lawn renovation shall include the following:
1. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Dates, location and necessity to be determined by the City. The City of San Bernardino shall be
responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and
leaching dates.
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in the future
within those areas which are presently unimproved, if any, will be negotiated with the Contractor at the
time of City's acceptance of said improvements. However, the cost of maintenance shall not exceed the
SP -18
16.d
Packet Pg. 325 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
unit price awarded under this contract. (i.e. same cost for irrigation components as awarded in this
contract; turf and/or ground cover shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to
maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully
operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the
contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded
facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this
construction. The Contractor shall provide maintenance up to the construction area and insure proper
irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by
others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated
by construction of hardscape shall be deducted from the gross area under the same provisions as
provided above for FUTURE WORK.
7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or
modified within the maintenance area shall be negotiated with the Contractor under the same provisions
as provided above for FUTURE WORK.
SP -19
16.d
Packet Pg. 326 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and
Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall conform to the
Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area
Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless
approved otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic
control devices necessary to expedite passage of public traffic through the work area shall be considered
as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays,
and when maintenance operations are not actively in progress on working days.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and
shall make his own arrangements relative to keeping the working area clear of parked vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer, public
traffic will be better served and work expedited. Said modifications or alterations shall not be adopted
until approved in writing by the Engineer.
8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7;
Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area.
Certain utility facilities in various locations within the project limits may be removed, relocated,
abandoned, or installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations.
However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations.
The utility locations shown on the original landscaping plans are correct to the best of our knowledge.
When in doubt, the Contractor shall contact the utility concerned before proceeding further.
SP -20
16.d
Packet Pg. 327 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
Full compensation for conforming to the requirements of this Section, not otherwise provided for,
shall be considered as included in the lump sum prices paid for the work involved and no additional
compensation will be allowed therefore.
8-C -- REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or otherwise,
found within the landscaped areas from time to time shall be considered as trash and debris and shall be
removed by the Contractor as directed by the Inspector.
Full compensation for removal of such items shall be considered as included in the prices paid for the
various contract items of work involved and no additional compensation will be allowed therefore.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the provisions
in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
SP -21
16.d
Packet Pg. 328 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs, maintenance and supply all needed materials,
and perform the work as necessary in accordance with the following:
9-11 The Inspector shall be immediately notified, of any damage suspected to be caused by accident,
vandalism, theft, or Act of God. Immediate notification of any such damage, prior to start of work
within the area, will serve to indicate the Contractor's belief that it was caused by factors beyond his
control. The City shall review the damage and/or request information from the Contractor in order to
establish the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related
to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following
sprinkler system components as needed, for no additional cost, under normal wear conditions as
determined by the Inspector:
Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi -outlet emission device, tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system
components due to his own negligence, including removal of anti theft devices.
9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism,
theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not
covered by an item of Supplemental Work, shall be paid for as Extra Work, in accordance with Section
6-A, "EXTRA WORK," of these Special Provisions.
Any replacement must conform to the type and kind of existing system, unless the use of anti -theft
or anti -vandalism devices have been authorized by the Inspector. Any other deviation must be
approved in writing by the Inspector.
9-F Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable;
however, failure of the existing irrigation system to provide full and proper coverage shall not relieve
SP -22
16.d
Packet Pg. 329 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
the Contractor of his responsibility. In the event of a failure of any irrigation component that would
prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until
the repair and/or replacement is accomplished.
9-G In those areas where an automatic sprinkler system is installed, the Contractor shall inspect weekly,
or more often if climatic conditions requires, for any damage to the system and for the operation of the
system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to
guarantee proper coverage and full working capacity, and make whatever adjustments which may be
necessary to prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated.
The periodic inspection may occur more often, but not less frequently, than one inspection each
week, in operation, with the Inspector. Care shall be exercised to prevent a waste of water or erosion.
Irrigation shall be accomplished as follows:
9-G-1 Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and
color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually
hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less
humidity or high winds, or during a prolonged high temperature period during the summer months).
9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion.
9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a
manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of
shrub types, seasons and weather conditions.
9-G-4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these
plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper
berms or basins where needed shall be maintained during the establishment period.
9-H The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for
proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate
irrigation. Such repairs will be made by the Contractor with same type/brand head, or approved equal
by the Inspector.
9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly
basis. This will include laterals, main lines, control valves, control wire, timer/controller and any other
items in the system. If any of the items mentioned in this paragraph are found to be defective or in
need of repair during the weekly inspections, said items shall be repaired immediately. All
materials or parts shall be the same brand or approved equal. Contractor shall notify the Cit,. Inspector
immediatel-, before making ari such re airs by callinL, 384-5111___d working hours.
94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the
Inspector. New sprinkler heads shall be the same type, size and brand as the one to be replaced, except
for anti -theft or anti -vandalism devices as approved by the Inspector.
The unit price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and
SP -23
16.d
Packet Pg. 330 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A
new timer/controller shall be of the same model and manufacturer as the one to be replaced unless
otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in which case
the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be subject to
Extra Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK" shall be at
the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus material costs.
SP -24
16.d
Packet Pg. 331 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as required to
maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no
projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain
plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with
their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by
the inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and Shrub Care"
and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction plans
and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,
and/or with the landscaping construction plans for the various subdivisions which are included within
this project, or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5
gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work involved in
removing and planting shrubs and ground cover and at the price indicated in the "SUPPLEMENTAL
ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
SP -25
16.d
Packet Pg. 332 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions.
11-B -- Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished
quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall
be approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi -wall paper bags, polyethylene lined for moisture
resistance.
I1 -B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy
growth as determined by the Inspector or based on the results of the soil testing and at the times
specified below (or as otherwise directed by Inspector):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain
optimum spread. Notif\ the Inspector 2-3 days before application and submit bad; tag,
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and
smaller) within the designated work area shall be accomplished two (2) times per year with a
commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall
be approved by the Inspector.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material.
Fertilizer shall be applied at the times specified below -
October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer
material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
SP -26
16.d
Packet Pg. 333 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 12
LAWN/TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be
maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power -propelled reel -type
or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner
as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE; A
MULCH -MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF
INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers are to
provide a uniform, level cut no higher than three (3) inches, or as otherwise instructed by the Inspector,
but no more than 25% of existing growth to be removed in any one mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor
may request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing
frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a
schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days
prior to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care
should be taken during the renovation process to assure a neat and clean appearance to turf areas after
the renovation process has taken place.
12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October
15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's
approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure
to realize a minimum of 75% germination will require reseeding by the Contractor at no extra cost to the
City.
12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use where
turf is suffering from compaction, aerification may be necessary at more frequent intervals at no
additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous
growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days
prior to beginning work.
12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by
use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event
of the mulch -mowing as provided under Section 12-B, all clippings must be adequately fine-cut and
SP -27
16.d
Packet Pg. 334 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
spread as to achieve a neat appearance.
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences,
in excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's
negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of
work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf
removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing and placing
sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -28
16.d
Packet Pg. 335 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 13
SLOPE/BANK/DRAIN MAINTENANCE
13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material
located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to
be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS" _,_IF ANY, ARE DELINEATED ON SAID
PLUS)
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely
cleaned as needed.
SP -29
16.d
Packet Pg. 336 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians,
undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per
manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be
maintained as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground
cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any
undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical
methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete
removal of all weed growth shall be accomplished within each seven (7) days. This section includes all
undesirable growth adjacent to curbs, gutters, and sidewalks.
SP -30
16.d
Packet Pg. 337 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
SECTION 15
TREES
15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner
as to promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a
part of this contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said
program is the selective and natural approach to pruning of all trees on site and includes pest and disease
control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of
the Inspector any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in
some manner, a safety hazard. Contractor shall notiii the Inspector 48 hourimor to an` ; runin. .
15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the
existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting.
Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree
growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball.
15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list
provided by the City of the type and location of trees to be replaced or as determined by the Inspector.
15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by
the contractor, shall be classified as supplemental items of work.
15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and
disease control, shall be at Contractor's expense.
15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to
the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action
taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as
directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic
bid price for tree maintenance.
15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section.
The unit price paid for replacing trees shall include full payment for all work involved in furnishing
and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
SP -31
16.d
Packet Pg. 338 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
CGNTRACT
AGREEMENT
SP -32
16.d
Packet Pg. 339 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this day of
between the City of San Bernardino, (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,
Contractor agrees with the City, at his own proper cost and expense to furnish any and all required labor,
materials, and transportation as set forth in the Special Provisions to be furnished by City, necessary to
complete in good workmanlike and substantial manner the
MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 1024) - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY SIDE OF
SCENIC DRIVE AND PORTIONS OF LOT "A" WITHIN TRACT NO. 14706,
in accordance with (2017-18) Special Provisions No. 9859A (Schedule 1, AD 1024), on file in the
Office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard
Specifications for Public Works/ Construction, current edition, on file in the office of the City Engineer,
and the "Landscape Cost Estimating" by Colton, current edition, on file in the office of the Director of
Public Works, which said Plans, Special Provisions, Standard Specifications, and Landscape Cost
Estimating are hereby especially referred to and by such reference made a part hereof.
2. 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.
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 account of race, color, creed,
religion, sex, marital status, national origin, 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 of
practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or
employees in the performance of this contract.
3. 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 term and conditions
herein contained and referred to, for the prices as set forth in the successful bid, and hereby contracts to
SP -33
16.d
Packet Pg. 340 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for
themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full
performance of the covenants herein contained.
4. 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 or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
5. Notices. All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
CITY
Director of Public Works
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
CONTRACTOR
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands
the year and the date first above written.
CONTRACTOR
Name of Firm:
ffn
CITY OF SAN BERNARDINO
ANDREA M. MILLER, City Manager
City of San Bernardino
TITLE: ATTEST:
MAILING ADDRESS:
PHONE NO:
mm
SP -34
GEORGEANN HANNA,
City Clerk
Approved as to Form:
GARY D. SAENZ, City Attorney
16.d
Packet Pg. 341 Attachment: Attachment 4 - Agreement (7336 : First Amendment to Landscape & Irrigation Maintenance Agreement-Inland Empire Landscape
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: First Amendment to Landscape & Irrigation Maintenance
Agreement-Willowbrook Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-143 of the Mayor and City Council of the City of San
Bernardino, California, authorizing First Amendments to the Vendor Service
Agreements with Willowbrook Landscape Co., Inc. for the Maintenance of Landscaping
in Area G, Area H, and Area J.
Background
On March 21, 2018, the Mayor and City Council approved Resolution 2018 -82 awarding
a contract to Willowbrook Landscape Co., Inc., for the maintenance of landscaping in
Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012, 1020, 1050 and
1048 (Additive No. 1) known as Area “G” the in the amount of $107,052.50 with two
optional one-year extensions.
On March 21, 2018, the Mayor and City Council approved Resolution 2018 -83 awarding
a contract to Willowbrook Landscape Co., Inc., for the maintenance of landscaping in
Assessment District Nos. 1022 Zone 1, 1022 Zone 2, 1022 Zone 3, 1063 (Additive No.
1), and 1068 (Additive No. 2) known as Area “J” in the amount of $69,635.00 with two
optional one-year extensions.
On June 6, 2018, the Mayor and City Council approved Resolution 2018 -147 awarding
a contract to Willowbrook Landscape Co., Inc., for the maintenance of landscaping in
Assessment District Nos. 956, 968, 1016, 1023, 1027, 1045 and 1059, known as Area
“H” in the amount of $71,641.00 with two optional one-year extensions.
Discussion
Willowbrook Landscape Co., Inc is one of several companies providing landscape
services in City maintained landscape maintenance Districts. The three Vendor Service
Agreements in place with Willowbrook Landscape Co., Inc., are set to expire on June
30, 2021. In an effort to better align expiration of all City contracts for landscape
maintenance, staff is requesting a one year extension for the three agreements to
coincide with the expiration of existing landscape and irrigation maintenance contracts
citywide. Extension of these agreements will provide staff the time necessary to
17
Packet Pg. 342
7337
Page 2
evaluate all City-wide landscape service needs, conduct a new request for proposal and
secure the best possible pricing for landscape and irrigation maintenance services for
FY 2022/23.
2020-2025 Key Strategic Targets and Goals
These contract extensions are consistent with Key Target No.1b: Financial Stability -
Implement, maintain, and update a fiscal accountability plan and create a framework for
spending decisions.
Fiscal Impact
The costs associated with these landscape services are supported through property
assessments in established landscape maintenance districts. A 2.19% CPI increase
was negotiated with Willowbrook for the one year extensions, resulting in a collective
contract increase of $5,438.40 for FY21/22 as shown below:
Contract
Area FY20/21 Contract Amount
FY21/22 2.19%
CPI Increase FY21/22 Contract Amount
Area "G"107,052.50$ 2,344.45$ 109,396.95$
Area "H"71,641.00$ 1,568.94$ 73,209.94$
Area "J"69,635.00$ 1,525.01$ 71,160.01$
Totals 248,328.50$ 5,438.39$ 253,766.89$
Willowbrook Contract Summary
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-143 authorizing First Amendments to the Vendor
Service Agreements with Willowbrook Landscape Co., Inc. for the Maintenance of
Landscaping in Area G, Area H, and Area J.
Attachments
Attachment 1 Resolution 2021-143
Attachment 2 Resolution 2021-143; Exhibit “A” - Amendment No. 1 to Area G
Attachment 3 Resolution 2021-143; Exhibit “B” - Amendment No. 1 to Area H
Attachment 4 Resolution 2021-143; Exhibit “C” - Amendment No. 1 to Area J
Attachment 5 Resolution No. 2018-82
Attachment 6 Resolution No. 2018-83
Attachment 7 Resolution No. 2018-147
Wards: 1, 3, 6
Synopsis of Previous Council Actions:
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-82 awarding
contract to Willowbrook Landscape.
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-83 awarding
contract to Willowbrook Landscape.
17
Packet Pg. 343
7337
Page 3
June 6, 2018 Mayor and City Council adopted Resolution No. 2018-147 awarding
contract to Willowbrook Landscape.
17
Packet Pg. 344
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING FIRST AMENDMENTS TO THE VENDOR
SERVICE AGREEMENTS WITH WILLOWBROOK
LANDSCAPE CO., INC. FOR THE MAINTENANCE OF
LANDSCAPING IN AREA G, AREA H, AND AREA J
WHEREAS, the Public Works Department oversees the operations and maintenance of
City infrastructure; and
WHEREAS, the City currently contracts with a number of vendors to assist the Public
Works Department with critical repairs and services; and
WHEREAS, these vendor service contracts have been approved through the City’s
procurement process; and
WHEREAS, on March 21, 2018, the Mayor and City Council approved Resolution
2018-82 awarding a contract to Willowbrook Landscape Co., Inc. for the maintenance of
landscaping in Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012, 1020, 1050
and 1048 (Additive No. 1) known as Area “G” the in the amount of $107,052.50 with two
optional one-year extensions; and
WHEREAS, on March 21, 2018, the Mayor and City Council approved Resolution
2018-83 awarding a contract to Willowbrook Landscape Co., Inc. for the maintenance of
landscaping in Assessment District Nos. 1022 Zone 1, 1022 Zone 2, 1022 Zone 3, 1063
(Additive No. 1), and 1068 (Additive No. 2) known as Area “J” in the amount of $69,635.00
with two optional one-year extensions; and
WHEREAS, on June 6, 2018, the Mayor and City Council approved Resolution 2018-
147 awarding a contract to Willowbrook Landscape Co., Inc. for the maintenance of landscaping
in Assessment District Nos. 956, 968, 1016, 1023, 1027, 1045 and 1059, known as Area “H” in
the amount of $71,641.00 with two optional one-year extensions; and
WHEREAS, the City Council now wishes to amend the three existing Vendor Service
Agreement with Willowbrook Landscape Co., Inc. in order to extend the term of each agreement
for an additional term of one year and to provide additional funds for the continued performance
of services.
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 to execute the First
Amendments to the Vendor Services Agreements, attached hereto and incorporated herein as
17.a
Packet Pg. 345 Attachment: Attachment 1 - Resolution No. 2021-143 First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Resolution No. ___
Exhibits “A”, “B” and “C” with Willowbrook Landscape Co., Inc. for the maintenance of
landscaping in Area G, H, and J.
SECTION 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affe ct other provisions,
and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. CEQA. The City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is cover ed 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. Effective Date. This Resolution shall become effective July 1, 2021 to
June 30, 2022.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
17.a
Packet Pg. 346 Attachment: Attachment 1 - Resolution No. 2021-143 First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
17.a
Packet Pg. 347 Attachment: Attachment 1 - Resolution No. 2021-143 First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AMENDMENT NO. 1TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA G)
WITH WILLOWBROOK LANDSCAPE CO., INC.
This Amendment No. 1 to the Agreement for Landscape Maintenance Services is
made and entered into as of June ___, 2021 (“Effective Date”) by and between the City
of San Bernardino, a charter city and municipal corporation (“City”) and Willowbrook
Landscape Co., Inc. a California corporation (“Vendor”). City and Vendor are
sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated April 5, 2018, for the purpose of providing landscape maintenance services for
Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012, 1020, 1050 and
1048 (“Area G”) (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an addition al term of one year,
and to include additional funds for the continued performance of the services in
accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in the this Amendment No. 1 and the
Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed Two Thousand Three Hundred Forty-Four Dollars
and Forty-Five Cents ($2,344.45), thereby increasing the total annual not to exceed
compensation of the Master Agreement to the amount of One Hundred Nine Thousand
Three Hundred Ninety-Six Dollars and Ninety-Five Cents ($109,396.95). Work shall be
performed at the rates set forth in the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and s hall govern the actions of the
Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email or other means of electronic transmission shall
17.b
Packet Pg. 348 Attachment: Attachment 2 - Resolution No. 2021-143; Exhibit "A" - Amendment No. 1 - Area G (7337 : First Amendment to Landscape &
be deemed to have the same legal effect as delivery of an original execu ted copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
17.b
Packet Pg. 349 Attachment: Attachment 2 - Resolution No. 2021-143; Exhibit "A" - Amendment No. 1 - Area G (7337 : First Amendment to Landscape &
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA G)
WITH WILLOWBROOK LANDSCAPE CO., INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Kristen Jensen
Director of Public Works
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
WILLOWBROOK LANDSCAPE CO.,
INC.
Signature
Name
Title
17.b
Packet Pg. 350 Attachment: Attachment 2 - Resolution No. 2021-143; Exhibit "A" - Amendment No. 1 - Area G (7337 : First Amendment to Landscape &
AMENDMENT NO. 1TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA H)
WITH WILLOWBROOK LANDSCAPE CO., INC.
This Amendment No. 1 to the Agreement for Landscape Maintenance Services is
made and entered into as of June ___, 2021 (“Effective Date”) by and between the City
of San Bernardino, a charter city and municipal corporation (“City”) and Willowbrook
Landscape Co., Inc. a California corporation (“Vendor”). City and Vendor are
sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated June 6, 2018, for the purpose of providing landscape maintenance services for
Assessment District Nos. 956, 968, 1016, 1023, 1027, 1045, and 1059 (“Area H”) (the
“Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an additional term of one year,
and to include additional funds for the continued performance of the services in
accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in the this Amendment No. 1 and the
Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed One Thousand Five Hundred Sixty-Eight Dollars
and Ninety-Four Cents ($1,568.94), thereby increasing the total annual not to exceed
compensation of the Master Agreement to the amount of Seventy-Three Thousand Two
Hundred Nine Dollars and Ninety-Four Cents ($73,209.94). Work shall be performed at
the rates set forth in the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and s hall govern the actions of the
Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email or other means of electronic transmission shall
17.c
Packet Pg. 351 Attachment: Attachment 3 - Resolution No. 2021-143; Exhibit "B" - Amendment No. 1 - Area H (7337 : First Amendment to Landscape &
be deemed to have the same legal effect as delivery of an original execu ted copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
17.c
Packet Pg. 352 Attachment: Attachment 3 - Resolution No. 2021-143; Exhibit "B" - Amendment No. 1 - Area H (7337 : First Amendment to Landscape &
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA H)
WITH WILLOWBROOK LANDSCAPE CO., INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Kristen Jensen
Director of Public Works
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
WILLOWBROOK LANDSCAPE CO.,
INC.
Signature
Name
Title
17.c
Packet Pg. 353 Attachment: Attachment 3 - Resolution No. 2021-143; Exhibit "B" - Amendment No. 1 - Area H (7337 : First Amendment to Landscape &
AMENDMENT NO. 1 TO
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA J)
WITH WILLOWBROOK LANDSCAPE CO., INC.
This Amendment No. 1 to the Agreement for Landscape Maintenance Services is
made and entered into as of June ___, 2021 (“Effective Date”) by and between the City
of San Bernardino, a charter city and municipal corporation (“City”) and Willowbrook
Landscape Co., Inc. a California corporation (“Vendor”). City and Vendor are
sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated April 5, 2018, for the purpose of providing landscape maintenance services for
Assessment District Nos. 1022 Zone 1, 1022 Zone 2, 1022 Zone 3, and 1068 (“Area J”)
(the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an additional term of one year,
and to include additional funds for the continued performance of the services in
accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in the this Amendment No. 1 and the
Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed One Thousand Five Hundred Twenty-Five Dollars
and One Cent ($1,525.01), thereby increasing the total annual not to exceed
compensation of the Master Agreement to the amount of Seventy-One Thousand One
Hundred Sixty Dollars and One Cent ($71,160.01). Work shall be performed at the
rates set forth in the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and s hall govern the actions of the
Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email or other means of electronic transmission shall
17.d
Packet Pg. 354 Attachment: Attachment 4 - Resolution No. 2021-143; Exhibit "C" - Amendment No. 1 - Area J [Revision 1] (7337 : First Amendment to
be deemed to have the same legal effect as delivery of an original execu ted copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
17.d
Packet Pg. 355 Attachment: Attachment 4 - Resolution No. 2021-143; Exhibit "C" - Amendment No. 1 - Area J [Revision 1] (7337 : First Amendment to
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES (AREA J) WITH
WILLOWBROOK LANDSCAPE CO., INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Kristen Jensen
Director of Public Works
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
WILLOWBROOK LANDSCAPE CO.,
INC.
Signature
Name
Title
17.d
Packet Pg. 356 Attachment: Attachment 4 - Resolution No. 2021-143; Exhibit "C" - Amendment No. 1 - Area J [Revision 1] (7337 : First Amendment to
17.e
Packet Pg. 357 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 358 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 359 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 360 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 361 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 362 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.e
Packet Pg. 363 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Engineer's Estimate:
RANGE: $ 25.000 to 35.000
NOTICE INVITING SEALED BIDS
AREA "G"q
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 974) -THE SOUTH SIDE OF RIALTO AVENUE GENERALLY BETWEEN PEPPER AVENUE AND
EUCALYPTUS AVENUE; AND
SCHEDULE 2, AD 975) -MILL STREET WEST OF PEPPER AVENUE, PEPPER AVENUE NORTH AND SOUTH OF
MILL STREET AND EUCALYPTUS AVENUE NORTH AND SOUTH OF MILL STREET; AND
SCHEDULE 3, AD 981) -THE EAST SIDE OF MERIDIAN AVENUE BETWEEN RANDALL AVENUE AND MILL
STREET, THE NORTH SIDE OF RANDALL AVENUE EAST OF MERIDIAN AVENUE AND THE DRAINAGE AREA ON
THE NORTH SIDE OF PLEASANT WAY, EAST OF MERIDIAN; AND
SCHEDULE 4, AD 986) -THE SOUTH SIDE OF RIALTO AVENUE EAST AND WEST OF MACY STREET AND THE
RETENTION BASIN AT MACY STREET AND WALNUT AVENUE; AND
SCHEDULE 5, AD 989) -THE SOUTH SIDE OF MILL STREET BETWEEN MACY AND THE RAILROAD RIGHT OF
WAY; AND
SCHEDULE 6, AD 1001) -EDISON EASEMENT AREA ON THE SOUTH SIDE OF BIRCH STREET, WEST OF
PENNSYLVANIA AVENUE AND LOT "A" OF TRACT NO. 14118; AND
SCHEDULE 7, AD 1007) -THE EAST SIDE OF PEPPER AVENUE AND WEST SIDE OF MERIDIAN AVENUE NORTH
OF RANDALL AVENUE; AND
SCHEDULE 8, AD 1012) POPLAR STREET, MILL STREET AND BURNEY STREET AND WITHIN CERTAIN
LANDSCAPE EASEMENTS ALONG LOTS 8 THROUGH 16, ALL WITHIN TRACT NO. 15093; AND
SCHEDULE 9, AD 1020) THE SOUTH SIDE IF MILL STREET AT DALLAS AVENUE; AND
SCHEDULE 10, AD 1050) - THE WEST SIDE OF PEPPER AVENUE, THE SOUTH SIDE OF RIALTO AVENUE WEST
OF PEPPER AVENUE, AND THE NORTHERLY SIDE OF PADA DRIVE, REFERENCED AS `B" COURT ON THE MAP OF
SAID TENTATIVE TRACT NO. 17076; AND
SCHEDULE 11, (ADDITIVE NO. 1) AD 1048) - THE NORTH SIDE OF RANDALL AVENUE AND THE WEST SIDE OF
EUCALYPTUS WITHIN TRACT NO. 17273,
in accordance with (2017-18) Special Provisions No. 6998 (Schedule 1, AD 974), 7118A (Schedule 2, AD
975), 7316 (Schedule 3, AD 981), 7645 (Schedule 4, AD 986), 7781 (Schedule 5; AD 989), 8171A
Schedule 6, AD 1001), 8754A (Schedule 7, AD 1007), 9015 (Schedule 8, AD 1012), 9704 (Schedule 9,
AD 1020),1205 1A (Schedule 10, AD 1050) and 11762A (Schedule 11 (Additive No. 1), AD 1048) on file
in the office of the City Engineer, San Bernardino City Hall.
Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 201 North "E" Street, San Bernardino,
California, with the specification title and number and "SEALED BID" clearly marked on the outside of
the envelope.
Said bids or proposals will be received up to the hour of 2200 P.M. on Tuesday, Januar, 30, 2018 at which
17.e
Packet Pg. 364 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's
Conference Room.
No bid will be received unless it is made on a proposal form furnished by the City. All bids or proposals
shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made payable
to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond shall
be given as a guarantee that the bidder will enter into the contract if awarded to him. In the event the bidder
refuses to execute said contract, the use by the public of the improvements will be delayed, and the public
will suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the above sum of 10% shall be paid to
the City upon the condition above set forth as liquidated damages and not as forfeiture. All bonds furnished
pursuant to this notice must be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No. 90-358
and any and all amendments thereto which are hereby referred to and made a part hereof by references as
fully as though set forth at length herein, have ascertained and determined the general prevailing rate of per
diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of workman
needed in the execution of contracts under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the "Director of
Industrial Relations" filed in the Office of the City Clerk, which are made a part of said Resolution No.
90-358 and amendments thereto. These wages are available from the California Department of Industrial
Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html General prevailing wage rates, in
effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the
California Department of industrial Relations are also referenced and made a part thereof.
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance
under the contract as provided for in Section 22300 of the California Government Code and Section 10263
of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any Sub -Contractor
under him to pay not less than said specified rates to all laborers, workers, and mechanics employed by them
in the execution of the contract, and to prevent discrimination in the employment ofpersons because of race,
creed, color, national origin, sex, age, or marital status as set forth in the provisions of .Resolution No.
90-358 of the Mayor and Common Council of the City of San Bernardino.
The term of the contract will continue from April 1, 2018 to the termination date of June 30, 2019,
renewable for up to a maximum of two (2) additional one year periods by mutual agreement between the
Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each such
renewal.
A Mandatory Pre -Bid meeting will be held on Tuesday. January 23. 2018, at 2:00 P.M. at the office of
the City Engineer, Second Floor, 201 North `B" Street, San Bernardino, CA 92401. This meeting is to serve
as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and material
supply opportunities and to make the prime contractor aware of the City's outreach program as it relates to
minority hiring and participation. Bidder's attendance at this meeting is mandatory. Attendance and/or
certification may be used as part of the good faith effort.
17.e
Packet Pg. 365 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
There will also be a non -mandatory pre-bid field review, following the pre-bid meeting. Due to the large
number of Assessments Districts, the field review may be continued the following day, at 9:00 am,
commencing at the office of the City Engineer, Second Floor, 201 North "E" Street, San Bernardino, CA
92401.
The City of San Bernardino reserves the right waive any informalities or inconsequential deviations from
contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY
reserves the right to take all bids under advisement for a period of 90 calendar days.
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be allowed
to submit a bid for any other assessment district landscape maintenance contract during that period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector, but
not to exceed 90 days.
Contractor must submit along with bid, copies of the California Agricultural Pest Control Certificate, (for the
person(s) or firm performing the work), and copies of certificates for chemical applications from the County
of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at: www.ci.san-bemardino.ca.us/services/ree uest for bids/public works/defau?
Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon
request, a CD of the Plans and Special Provisions maybe mailed for an additional fee of $10.00.
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the scheduled
day of the Bid Opening. Only those fums listed on the CITY's "LIST OF PLAN HOLDERS" and
providing confirmation of any issued addendum shall be eligible to submit bids for this Project.
The Contractor shall possess a Class "C-27" License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work and
to maintain the irrigation system in a fully operational manner and all landscaping in an attractive and
healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
17.e
Packet Pg. 366 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Specific questions regarding this project should be submitted in writing to the City Engineer's Office as
follows:
City of San Bernardino
C/O Public Works / City Engineer
290 North "D" Street
San Bernardino, CA 92401
Attention: Ryan Aschenbrenner
Tel: (909) 384-5126/5140
E-mail: aschenbrenner ry@a,sbci .orF
inquiries or questions based on alleged patent ambiguity of the Pians or the Special Provisions must be
communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted after
the bid opening, will not be treated as a bid protest.
Written responses will only be provided to written questions. No written response will be provided to
verbal questions.
CITY OF SAN BERNARDINO
City Clerk
NOTICE TO ADVERTISE
SPECIFICATION NO. 6998, 7118-A, 7316, 7645,
7781, 8171-A, 8754-A, 9015, 9704,12051A & 11762A
SHALL APPEAR IN THE FIRST ISSUE NOT LATER
THAN
DATE: January 3, 2018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE
17.e
Packet Pg. 367 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BAD DOCUMENTS
17.e
Packet Pg. 368 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work and read the
accompanying instructions to bidders and the entire contract documents and hereby proposes to furnish any
and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 974) -THE SOUTH SIDE OF RIALTO AVENUE GENERALLY BETWEEN PEPPER AVENUE AND
EUCALYPTUS AVENUE; AND
SCHEDULE 2, AD 975) -MILL STREET WEST OF PEPPER AVENUE, PEPPER AVENUE NORTH
AND SOUTH OF MILL STREET AND EUCALYPTUS AVENUE NORTH AND SOUTH OF MILL
STREET; AND
SCHEDULE 3, AD 981) THE EAST SIDE OF MERIDIAN AVENUE BETWEEN RANDALL
AVENUE AND MILL STREET, THE NORTH SIDE OF RANDALL AVENUE EAST OF MERIDIAN
AVENUE AND THE DRAINAGE AREA ON THE NORTH SIDE OF PLEASANT WAY, EAST OF
MERIDIAN; AND
SCHEDULE 4, AD 986) -THE SOUTH SIDE OF RIALTO AVENUE EAST AND WEST OF MACY
STREET AND THE RETENTION BASIN AT MACY STREET AND WALNUT AVENUE; AND
SCHEDULE 5, AD 989) THE SOUTH SIDE OF MILL STREET BETWEEN MACY AND THE RAILROAD RIGHT OF
WAY; AND
SCHEDULE 6, AD 1001)-EDISON EASEMENT AREA ON THE SOUTH SIDE OF BIRCH STREET,
WEST OF PENNSYLVANIA AVENUE AND LOT "A' OF TRACT NO, 14118; AND
SCHEDULE 7, AD 1007) -THE EAST SIDE OF PEPPER AVENUE AND WEST SIDE OF MERIDIAN
AVENUE NORTH OF RANDALL AVENUE; AND
SCHEDULE 8, AD 1012) POPLAR STREET, MILL STREET AND BURNEY STREET AND WITHIN
CERTAIN LANDSCAPE EASEMENTS ALONG LOTS 8 THROUGH 16, ALL WITHIN TRACT NO.
15093; AND
SCHEDULE 9, AD 1020) -THE SOUTH SIDE IF MILL STREET AT DALLAS AVENUE; AND
SCHEDULE 10, AD 1050) - THE WEST SIDE OF PEPPER AVENUE, THE SOUTH SIDE OF RIALTO AVENUE WEST
OF PEPPER AVENUE, AND THE NORTHERLY SIDE OF PAJA DRIVE, REFERENCED AS `B" COURT ON THE MAP
OF SAID TENTATIVE TRACT NO. 17076; AND
SCHEDULE 11, (ADDITIVE NO. 1) AD 1048) - THE NORTH SIDE OF RANDALL AVENUE AND
THE WEST SIDE OF EUCALYPTUS WITHIN TRACT NO. 17273,
in accordance with (2017-18) Special Provisions No. 6998 (Schedule 1, AD 974), 7118A (Schedule 2, AD
975), 7316 (Schedule 3, AD 981), 7645 (Schedule 4, AD 986), 7781 (Schedule 5, AD 989), 8171A
Schedule 6, AD 1001), 8754A (Schedule 7, AD 1007), 9015 (Schedule 8, AD 1012), 9704 (Schedule 9,
AD 1020),1205 1A (Schedule 10, AD 1050) and 11762A (Schedule 11 (Additive No. 1), AD 1048) on file
17.e
Packet Pg. 369 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
in the office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with
Standard Specifications for Public Works Construction, current edition, as amended by the Special
Provisions and "Landscape Cost Estimating" by Colton, current edition. Undersigned proposes and agrees if
this proposal is accepted, that he will contract with the City of San Bernardino, in the form of the copy ofthe
contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of
maintenance, and to do all the work and furnish all the materials specified in the contract, in the manner and
time therein prescribed, and that he will take in full payment therefore the following unit prices or lump sum
prices, to -wit:
17.e
Packet Pg. 370 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 1 ACCOUNT NUMBER 254-150-1479*5506
BID SCHEDULE
PLAN NO. 6998 (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 974 — RIALTO AVENUE
BASIC BID.
TOTAL
j UNIT ANNUAL F
ITEM QTY. UNIT`IIESCRIPTION OFITEAH PRICE PRICE
S. Maintenance of lawnshurf and - _.
1 (2,185 sq.ft. irrigation system at the lump sum 33.00 396.00
Price Of: L.S. $
2 1 1 _ r L.S. Maintenance of plants, shrubs,
1,337 sq.ft. f) groundcover and irrigation 6.00 72.00
system, at the lump sum trice of; L.S. $
Maintenance of trees and
f 3 1 L.S. j irrigation system at the lump sum L.S. S
rice of: _ 10.00 120.00
TOTAL BASIC BII
SCHEDULE I) _ (`) j S
588.00
17.e
Packet Pg. 371 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 2 ACCOUNT NUMBER 254-150-1479*5506
BID SCHEDULE
PLAN NO, 6998 (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 974 - RIALTO AVENUE
SUPPLEMENTAL ITEMS OF WORK
i 1 TOTAL
PRICE
UNIT I (Quantity x
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE Unit Price)
1 30 EACH R ilacement of Trees! 15 al.) ler each $ 750.00 i $ 2,250.00
2 200 Si.FT. Re IlacementofTurf,: er s;,ft __ $ 1.00 j $ 2oa.00
3 10 EACH I Replacement of Shrubs ! 1 _x;al:j glor each $ a.00 $ 80.00 --
i 4 1 10 1 EACH i Replacement of Shrubs (Sager each $ s.ao $ 160.00
5 25 FLAT ReplacementofCrrounti Cover er flat $ s.Do E $ 450.00_
6 35 EACH , Replacement of Sprinkler Heads : Pop-up
f type, under 12", including necessary pipe,
fittin szetc„ler each $ 10.00 $ 350.00
7 ' 35 ;EACH Replacement of Sprinkler Heads . Pop-up r
type, 12” or over, including necessary pipe, I
fittins etc., er each _ $16.00 $ 560.00
8 10 ' EACH i Replacement of Sprinkler Heads : Rotor
type, under 12 including necessary pipe,
mngsetc.,ier each _ $16.00 $ 160.00
9 10 EACH Replacement of Sprinkler Heads Rotor _
type, 12" or over, including necessary pipe,
fittings, etc, er each _ _ $ 22.00 ; $ 220.00
I 10 i 5 EACH Replacement of Sprinkler Heads -
I Shrubbery type, including necessary pipe,
ttings, etc each _ _ µ _ ' $ 8.00 $ 40.
00 j
11
J
1 48 - HOURS Cost of labor for irrigation system repair
for EXTRA WORK. per hour. $ 25.00 $ 1,200.00
ITOTAL AL
SUPPLEMENTAL
EMS TOTAL,
B
DF.WORK fSCH EDULE 1)_ ) $ 5,670.
00 BASIC BED + SUPPLEMENTAL (A+
B) $
I ITEMS OF WORK (SCHEDULE II 6,258.
17.e
Packet Pg. 372 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 3 ACCOUNT NUMBER 254-150-1327*5506
BID SCHEDULE
PLAN NO. 7118A (2017-18)
i
SCHEDULE: ASSESSMENT DISTRICT NO. 975 — MILL AND PEPPER
I
ITEM QTY. UNIT
1 1-L.S.
5,818 sq.$.:0
2 ! 1 L.S.
BASIC BID
TOTAL BASIC BID
SCHEDULE 2) 1,500.00
TOTAL
UNIT ANNUAL
DESCRIPTION OF ITEMS PRICE PRICE
Maintenance of plants, shrubs,
w
groundcover and irrigation
i system, at the lunmp;sum price o£: L.S. 117.00 1,404.00
Maintenance of trees and
irrigation system at the lump sum L.S.
i ;)rice of 8.00 1 96.00
TOTAL BASIC BID
SCHEDULE 2) 1,500.00
17.e
Packet Pg. 373 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 4 ACCOUNT NUMBER 254-150-1327*5506
BID SCHEDULE
PLAN NO. 7118A (2017-18)
SCHEDULE 2: ASSESSMENT DISTRICT NO, 975 - MILL AND PEPPER
UP.PLEMENTAL ITEMS OF WORK
TOTAL
PRICE
UNIT (Quantity xITEMlQTY. UNIT DESCRIPTION OF ITEMS PRICE Unit Price)
Reolacement of Trees.{:15 gal.. er each $ 75.001.-- 30 EACH _ . . ..-_ :. _. _ $ z,25o.oa
2 10 EACH Rel Iaeement of Shrubs, l _Li4.) at bier each $ a.00 $ so.00
3_ 10 EACH Replacement of Shrubs 5( al.) atljgEeach $ 16.00 $160.00
4 25 FLAT: Rhe placement of Ground Cover per flat _ _ = $. 14.0 ;$ 350.00
5 _ . _ `_. _ ..
i
35 EACH [ Reilacement of Sprinkler Heads : Pop-up 11
j type, under 127', including necessary pipe, i
fittings, etc.,yer
r_
eah
6 -
r
35 EACH ' Replacement of Sprinkler Heads : Pop-up $
10.00 J$350.00-1 $350.00
type, 12" or over, including necessary pipe,
mn etc.,ier each$ 16.00 $ 560.00
7 10 EACH Replacement ofp Sprinkler Heads : Rotor {
I !type, under 12" including necessary pipe, Jf11fi$ttis etc. ereach—'..._1'_- _ $ 16.00MW_ I $160.00
8 10 EACH ;Replacement of Sprinkler Heads : Rotor
type, 12" or over, including necessarypipe,
1ittings, etc., -per each $ 22.00 $ 220.00s {
µ9 5 _ EACH `Replacement_ of Sprinkler
Heads Shrubbery type, including necessary
pipe, s etc. __ 1 etc- . ,, $ s.o0 $ 40.
00 10 , 48 _-' HOURS Cost of labor for irrigation system repair
for ` EXTRA WORK, }er hour 25.00 ! $ 1,200.
00 TOTAL
SUPPLEMENTAL ITEMS OF WORK SCHEDULE Z (
B) $ 5,270.
00 TOTAL
BID :
L BASIC BED + SUPPLEMENTAL (A+B)
S ITEMSOF WORK SCHEDULE
2)
i 6,770.
17.e
Packet Pg. 374 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 5 ACCOUNT NUMBER 254-150-1378*5506
SID SCHEDULE
I
PLAN NO. 7316 (2017-18)
I
SCHEDULE 3: ASSESSMENT DISTRICT NO. 981- MERIDIAN AND RANDArLL
I
ITEM QTY. UNIT
f 1 1 L.S.
23,500 sq.$.
Maintenance of lawns/turf in the
drainage basin, drains, and
irrigation system at the lump sum 235.00 i 2,820.00
2 f 1 L.S.
I $
15,500 sq. $. groundcover and irrigation 93.00
3 1 1r.S.
BAS. ,. I_ CBID
TOTAL
EWIT ANNUAL
DESCRIPTION OF ITEMS PRICE PRICE
J
Maintenance of lawns/turf in the
drainage basin, drains, and
irrigation system at the lump sum 235.00 i 2,820.00
Trice of _ _ L.S. I $
Maintenance of plants, shrubs,
groundcover and irrigation 93.00 1,116.00
system. at the lum sum once of L.S.
Maintenance of trees and j
irrigation system at the lump sum L.S. J
1°rice of 10.00 a 120.00
TOTAL BASIC BID
SCHEDULE 3) J(A)
4,056.00
17.e
Packet Pg. 375 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 6 ACCOUNT NUMBER 254-150-1378*5506
BID SCHEDULE
PLAN NO. 7316 (2017-18)
SCHEDULE 3: ASSESSMENT DISTRICT NO. 981 - MERIDIAN AND RANDALL
SUPPLEMENTAL ITEMS OF WORK
T -
TOTAL
PRICE
VI' (Quantity x
ITEM QTY UNIT DESCRIPTION OF ITEMS PRICE Unit Price)
1 30. EACH R $75-.00 $ 2,250.00lavnentofTrees15a].) P er. each
2 00Q_FT RePlacment of Turf 5-A 80 $160.00
3 10 EACH P-oplacelnent of Shrubs tL:gg t_JW ea 1_$_8_.0o $ 80.00
4 10 EACH 'RevlacementofSlnub 16.00 160.00Shrubs (5 al. at per each
5— 25 FIAT lacement of Ground Cover [q flat $ 14.00 $ 350.00
6 35 EACHReplacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
figiggs, etc.q each 1 10.00 1$ 350.00
7 EACH acement of Sprinkler Heads : Pop-up'
typi 12" or over, including necessary pipe,
L)er qach $16.00 1$560,00
8 10 1 EACH 1 Replacement of Sprinkler Heads : Rotor I
type, under 12" including necessary pipe,
I _fiu s each 1116.00 $ 160.00
9 fd "' i— -4Z6HReplacementofSprinklerHeads :Rotor
type, 12" or over, including necessary pipe,
p each 160.00
10 k. 5 EACH 'Replacement of Sprinkler Heads
Shrubbery type, including necessary pipe,
fit Lipp, etc., oer each $8.00 40.00
o1148HOURS :Cost of labor o -r irrigation system repair for
EXTRA WORK D. er hour 1$25.00 1$1,200.00
TOTAL SUPPLENMNTAIL
ff EMS OF WORK (SCHEDULE 3) (B) $
5,470.00
TOTAL BA)
BMIC BID + SUPPLEMENTAL (A+B) $
ITEMS. OF WORK (SCHEDULE 3.) 9,526.00
17.e
Packet Pg. 376 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 7 ACCOUNT NUMBER 254-150-1319*5506
BID SCHEDULE
PLAN NO. 7645 (2017-18)
SCHEDULE 4 ASSESSMENT DISTRICT NO. 986 — RIALTO AND MACY
BASIC BID
i TOTAL
ANNUAL
PRICE
1-'
5,100.00
1,200.00
240.00
6,540.00
UNIT
ITEM
a
QTY. UNIT DESCRIPTION OF ITEMS PRICE
1 1
f
L.S.
r
Maintenance of lawns/turf-and
70,765 sq.ft. irrigation system at the lump sum 425.00
bice of: L.S.
2 1 I.S. Maintenance of plants, shrubs, I
3,900 sq.ft. f) groundcover and irrigation 1 100.00
s):stem, .at the.lurn .: sum; rice of L.S.
ntMaienance of trees and
3 1 L.S. irrigation system at the lump sum L.S.
t Trice of:
TOTAL BASIC BID
20.00
A)
SCHEDULE
TOTAL
ANNUAL
PRICE
1-'
5,100.00
1,200.00
240.00
6,540.00
17.e
Packet Pg. 377 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 8 ACCOUNT NUMBER 254-150-1319*5506
BID SCHEDULE
PIAN NO. 7645 (2017-18)
SCHEDULE 4: ASSESSMENT DISTRICT NO. 986 - RIALTO AND MACY
SUPPLEMENTAL ITEMS OF WORK
UNIT
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE
1 30 EACH Ae iklacementofTrees'( 15 al. preach $ 75.00
200 SCQ.1?T. ,k4t)lacernentofTurf imr$ .80
10 EACH Replacement of Shrubs (1 eal.) at per each $ a.00
10 EACH i ev.lacement of Shrubs (5 gal.} at per each. $ 16.0(
25 FLAT Replacement of Ground Coverer flat $ 14.00
35 EACH Replacement of Sprinkler Heads : Pop-up
TOTAL
PRICE
Quantity x
Unit Price)
S 2,250.00
160.00
80.00
160.00
350.00
type, under 12", including necessary pipe,
fitti n i , s, etc., , )er each $ 10.00 $ 350.00
35 EACH Replacement of Sprinkler Heads: Pop-up.
type, 12" or over, including necessary pipe,
kl
4q! s, eta,per each $ 16.00 1 $ 56.0,00
8
i
10 EACH Replacement of Sprinkler Heads : Rotor
type, under 12" including necessary pipe,
fitt ., c, etc., tier each$ 16.00 I $ 16000
10 EACH Replacement of Sprinkler Hcads : Rotor
220.00
40.00
1,200.00
5,530.00
12,070.00
itype, 12" or over, including necessary pipe,
fittings, etc.. er each _ 22.00
10 5 EACH Replacement of Sprinkler Heads
Shrubbery type, including necessary pipe,
fittings, etc., a er each _ 6.00
11 48 tcost of labor for irrigation system repair for
EXTRA WORK ver hour 25.00
TQTAL SUPPLEMENTAL
ITEMS OF WOE (SCHEDULE 4
TOTAL BID:
BASIC BID + SUPPLEMEN'T'AL A+B)
ITE S OF WOI YI _ (SCHEDULE
220.00
40.00
1,200.00
5,530.00
12,070.00
17.e
Packet Pg. 378 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 9 ACCOUNT NUMBER 254-150-1322*5506
BID SCHEDULE
PLAN NO. 7781 (2017-18)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 989 -- MILL AND MACY
BASIC BID
UNIT
ITEM QTY. UMT DESCRIPTION OF ITEMS PRICE
L.S.: Maintenance of plants, shrubs,
72.00
11,880 sq.& 1 groundcover and irrigation
sN stem, at the lum sum .rice of L,S.
I i Maintenance of tres and
2 1 [ L'.S. ; irrigation system at the lump sum L.S.
rice of 8.00
crOTAL BASIC BID (
A)
SCHEDULE 5$.
TOTAL
ANNUAL
PRICE
864.00
I96.00
i
960.00
17.e
Packet Pg. 379 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 10 ACCOUNT NUMBER 254-150-1322*5506
BID SCHEDULE
PLAN NO. 7781 (2017-18)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 989 — MILL AND MACY
SUPPLEMENTAL ITEMS OF WORK
UNIT
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE
1 30 EACH PwilacementdTrees al-) 1w each $X5.00
2 10 EACH Re;,'lacernent of Shru 0 gal.) at 1-ier each $ 8.0o
10 EACHRe: lacemeqofShrubs (5,ga1 surer each _$_16.00
4 25 -FLAT 1, R Aplaceniesit of Ground Cover. per flat $ 14.00
5 35 EACH Replacement of Sprinkler Heads : Pop -up
type, under IT', including necessary pipe,
V -infittxr ..tt- 6pr F.§,,. -'h 00
6 j 35 i EACH Replacement of Sprinkler Heads : Pop-up I
type, 12" or over, including necessary pipe,
etc_ . , tj eachzp
7 10 i EACH :fReplacernent of Sprinkler Heads Rotor
type, under 12" including necessary pipe, t
fittings, etc., per each
9 10 EACH Replacement- of Sprinkler Heads : Rotor
type, 12" or over, including necessary pipe,
I g!j!apj ptc., per each
TOTAL
PRICE
Quandty x
Unit Price)
2,250.00
80.01)
L
I S 350.00
350.00
1.6.00 $ 560.00
16.00 $ 16o.00
22.00 _ __$ 220.00. -
Ztlk-rl ;:Replacement 01 6pnDluer heads : i
Shrubbery type, including necessary pipe, 1
jeer each $8.00 $40.00
1048 HOURS
f Cost of labor for irrigation system repair for
EXTRA WORK: oer hour $ 25.00 1 $ 1,200.00
TOTAL SUPPLEMENTAL
ITEMS.OFWORK (SCHEDULE 51) (B) $
5,370.00
TOTAL BID
BASIC BID + SUPPLEMENTAL 1 (A+B)
ITEMS OF WORK \SCHEDULE Si 6,330.00
17.e
Packet Pg. 380 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 11 ACCOUNT NUMBER 254-150-1396*5506
BID SCHEDULE
PLAN NO. 8171-A (2017-18)
SCHEDULE 6: ASSESSMENT DISTRICT NO. 1001— PENNSYLVANIA AND BIRCH
ITEM QTY. I UNIT
45,500 sq.ft.
t.
2 1 L.S.
6,900 sq.ft. -+)
3 1 L.S.
BASIC BID
TOTAL
UNIT ANNUAL
DESCRLPTION OF ITEMS PRICE PRICE
Maintenance of lawns/turf and
irrigation system at the lump sum 228.00 2,736.00
Nice of : _ L.S.
Maintenance of plants, shrubs,
groundcover and irrigation
system, at the lump sum price of: 50.00 l 600.00
L.S.
Maintenance of slopes including j
plants, shrubs, groundcover and
irrigation system at the lump sum
L.S.
rice of: 20.00 240.00
BASIC Bl® F((TOTAL
SCHEDULE 6). __
A) T$ 3,576.00
17.e
Packet Pg. 381 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 12 ACCOUNT NUMBER 254150-1396*5506
BID SCHEDULE
PLAN NO. 8171 -A (2017-18)
SCHEDULE 6: ASSESSMENT DISTRICT NO. 1.001 — PENNSYLVANIA AND BIRCH
SUPPLEMENTAL ITEMS OF WORK
TOTAL
PRICE
UNIT Quantityx
ITEM QTY. UNIT DESCRIPTION OF ITEAff PRICE Unit Price)
30 EACH Replacement of Trees 15pe4j;ier each 75.00 2,250.00
1 2 200 S%_17. Replacement of Turfrimer s'.I:.ft$$ 80 160.00
10 EACH Rei-lacement of Shrubs (I -,al.) at oxer each 8.00 80.00
4 10 EACH Lkq-',.lacement of Shrubs (5 Ral.) at.'Per each 16.00 16,0.00
I5_ 25FLAT eplacejRentofGrqQr6und Cover oer flat 14-00 356.00
6 h 31EACH Replacement of Sprinkler Heads : Pop -UP
type, under 12", including necessary pipe,
fittings,. etc., tier -.er each 350.00
1 7 35 EACH Replacement of Sprinkler Heads : Pop-up
typt, 12" or over, including necessary pipe,
fittings, gE.,ler each 16.00 S-560.00
10 EACH Replacement of Sprinkler Heads Rotor
type, under 12" including necessary pipe,
fittin4s, etc., ,per each 16.00 S160.00
9 10 EACH Replacementlacement of Sprinkler Heads : Rotorep
typo, 12" or over, including necessary pipe,
fittings, etc... -.#e' eaeb$22.00 220.00
10 5 EACH Replacement of Sprinkler Heads --T
I Shrubbery type, including necessary pipe,
fittingu, etc., .1,er each 8.00 40.00
11 48 HOURS Cost of labor for irrigation system repair- for
EXTRA WORK_ ger hour 25.00 1,200.00
TOTAL SUPPLEMENTAL
ITEMS OF WORK ;(SCHEDULE. 6)
B)
5,530.00
TOTAL BID:
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK t SCHEDULE 6-). 9,106.00
17.e
Packet Pg. 382 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 13 ACCOUNT NUMBER 254-150-1962*5506
BID SCHEDULE
PLAN NO. 8754-A (2017-18)
SCHEDULE 7: ASSESSMENT DISTRICT NO. 1007 — PEPPER AVENUE/ MERIDIAN AVENUE
BASIC BID
TOTAL
UNIT ANNUAL
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE PRICE
1 1 L.S. Maintenance of plants, shrubs,
4,218 sq.ft. groundcover and irrigation system 60.00 720.00
j at the him, i sum, ince of: L.S.
f
Maintenance of trees and
irrigation system at the lump sum L.S.
srice of: 10.00 120.00
TOTAL BASIC BID
A)
SCHEDULE'7)° 840.00
17.e
Packet Pg. 383 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 14 ACCOUNT NUMBER 254-150-1962*5506
BIDSCHEDULE
PLAN NO. 8754-A (2017-18)
SCHEDULE 7: ASSESSMENT DISTRICT NO. 1007 — PEPPER AVENUE/ MERIDIAN AVENUE
WPPLEMENTAL ITEMS OF WORK.
TOTAL
PRICE
UNIT Quantity x
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE Unit Price)
1 .30 EACH : Re-lacement of Trees 15 dal._) per each 75.00 2,250.00_
2 ^ 10 EACH Rhe alacement of Shrubs {1:a1.) at °er each e.00 80.00
3 10 EACH . R, lacement of Shrubs (5 j4.jAt der each 16.00 160.00
4 i
R
25 FLAT : Raj lacement of Ground Cover :'„er flat 14.00 1 $ 350.00
5 35 EACH 'Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
i I . fittin s, etc...er each _ _ 10.00 350.00
6 35 EACH Replacement of Sprinkler Heads : Pop-up
type, l2" or over, including necessary pipe,
fittings etcper.each 16.00 560.00
7 a _ 10 EACH ; : Replacement of Sprinkler Heads : Rotor
I type, under I2” including necessary pipe,
I i, fittings, etc., per each 16.00 160.00
ST ~
r 10 EACH ' : Replacement of Sprinkler Heads : Rotor
typ6,12" or over, including necessary pipe,
fittings, etc., per each 22.00 220.00
9 5 EACH :Replacement of Sprinkler Heads
Shrubbery type, including necessary pipe,
fittings, etc., )er each _ 8.00 40.00
I 10 j HOU S Cost oflabor for irrigation system repair for 1
EXTRA WORK ger hour 25.00 I $ 1,200.00
48
TUTAL suPPLEMENTAL
ITEMS OF WORK '(SCHEDULE 7r l
5,370.00
TOTAL BED:
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK SCHEDULE 7) 6,21000
17.e
Packet Pg. 384 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 15 ACCOUNT NUMBER 254-150-1423*5506
BID SCHEDULE
PLAN NO. 9015 (2017-18)
SCHEDULE & ASSESSMENT DISTRICT NO. 1012 —MILL AND BURNEY
BASIC $IA
TOTAL
17EM QTY. UNIT DESCRIPTION OF ITEMS
KNIT
PRICE
ANNUAL
PRICE
i i 1 L.S. Maintenance of plants, shrubs,
19,150 sqA groundcover and irrigation 173.00 2,076.00
f system at the lum-) sum: rmc:e of L.S.
Maintenance of trees and
2 1 L.S. irrigation system at the lump sum L.S.
rice of 10.00 120.00
TOTAL BASIC BID
81
A)
2,196.00SCHEDULE
17.e
Packet Pg. 385 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 16 ACCOUNT NUMBER 254-699-5506-I423
BID SCHEDULE
PLAN NO. 9015 (2017-18)
SCHEDULE 8: ASSESSMENT DISTRICT NO. 1012 — MILL AND BURNEY
SUPPLEMENTAL .ITEMS OF WORK
UNIT
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE
1 30_ EACH `.Rgilacement of Trees j.15 qg1;} . Gr each $ 75.00
2 10 I EACH i jRe-.lacement of Shrubs (I :L.al j at .aer each $ a.00
10 EACH I Replacement of Shrubs (5 gal.) atE er each j$ 16.000
t 4 25FLAT ReOacement of Ground Cover laer flat $ 14.00 _
35 EACH T Replacement of Sprinkler Heads : Pop-up '
type, under 12", including necessary pipe,
fittings, etc., ger each $ 10.00
35 EACH _ Replacement of Sprinkler Heads : Pop-up
I type, 12" or over, including necessary pipe,
fittings, etc., seer each _ $ 16.0_0_
k 7 10 EACH !:Replacement of Sprinkler Heads: Rotor
type, under 12" including necessary pipe,
fittin A, etc , nor each $ 16.00
10 j EACH =' Replacement of Sprinkler Heads . Rotor
I type, 12" or over, including necessary pipe, I
fittin s etc.,per each 22.00
j 9 5 EACH Replacement of Sprinkler Heads
I ' Shrubbery type, including necessary pipe, .
14!4q`s etc. € _ a,er each $ s.0o
110 48 HOURS Cost of labor for irrigation system repair for
EXTRA WORKPq hour $ 25.00. $ 1,200.00
TOTAL SUPPLEMENTAL
rrEMS OF WORK ; SCHEDULE 8) ) $ 5,370.00
TOTAL SID :
Is
7,566.00
TOTAL
PRICE
Quantity x
Unit Price)
2,250,00
80.00
160.00
j $ 350.00
350.00
560,00
160.00
220.00
40.00
f.._ .
BASIC BID + SUPPLEMENTAL j (A+B)
ITEMSS OF WORK,(SCHEDLTLE 8)
17.e
Packet Pg. 386 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 17 ACCOUNT NUMBER 254-150-6012*5506
BID SCHEDULE
FLAN NO. 9704 (2017-18)
SCHEDULE 9: ASSESSMENT DISTRICT NO. 1020 — MILL AT DALLAS
BASIC BID
TOTAL
UNIT ANNUAL
ITEM QTY. UNIT DESCRIPTION OFITEMS PRICE PRICE
1 1 L.S. Maintenance of plants, shrubs,
2,640 sq.fl. f)
27.00
groundcover and irrigation
324.00
system at the lum;t sum price of. L.S.
E Maintenance of trees ' and
i 2 1 L.S. irrigation system at the hump sum L.S.
price of.10.00 120.00
TOTAL BASIC BID
SCHEDULE 9)
A) S
444.00
17.e
Packet Pg. 387 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 18 ACCOUNT NUMBER 254-150-6012*5506
BID SCHEDULE
PLAN NO. 9704 (2017-18)
SCHEDULE 9: ASSESSMENT DISTRICT NO. 1020 — MILL AT DALLAS
SUPPLEMENTAL ITEMS OF WORK
TOTAL
PRICE
UNIT (Quantityx I
ITEM QTY.UNrt' DESCRIPTION OF ITEMS PRICE Unit Price)
30 EACH., Rimilacernent, of Trees ,'l5."a1.),.1ereach $ 75.00 $ 2,250.00
2 10EACH 1,Rej-%IaoementofShmbs1.l Lal.)atI each $ 8.00 $80.00
j 10 EACH _I Relilacement of Shrubs (5 pJ1 at.l er each $ 16.00 $ 160.00
4 25 FLAX Rej?lacementof Ground Cover lierflat $ 14.00 $350.00
5 35 EACH 1 Replaceiiment of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
fi.ttinvs, etc., ler each 10.00 $ 350.00
6 35 EACH Replacement of Sprinkler Heads : Pop-up
type, 12" or over, including necessary pipe,
fittings, etc., pereach__ $ 16.00 $ 560.00
7 10 1 EACH iiReplacement of Sprinkler Heads : Rotor
type under 12" including necessary pipe,
JjZZ _qc.,_pq each Is 16.00 $160.00
8 i 10 EACH ;,Replacement of Sprinkler Heads Rotor
type, 12" or over, including necessary pipe,
22.00 $ 220.00
9 5 EACH Replacement of Sprinkler Heads
Shrubbery type, including necessary pipe,
fittin as, etc., - vr each40.001$ 8.00
10 I 48 HOURS- Cost of labor for irrigation system repair fbi'j
i.EXTRAWORK per hour 1$ 25.00 1 ji 1'200'00_
TdT SUOPLE-M, ENTAL
9)1 $ . ............................. . rrEms m *oRK (SCHEDULE 5,370.00
TOTAL BID:
BASIC BII) + SUPPLEMENTAL (A+B)
ITEMS OF WORK (SCHEDULE 9 5,840.00
17.e
Packet Pg. 388 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 19 ACCOUNT NUMBER 254-150-6041 *5506
BID SCHEDULE
PLAN NO. 12051 A (2017-18)
SCHEDULE 1b: ASSESSMENT DISTRICT NO. 1050 — PEPPER & RIALTO
BASIC BED
UNIT
ITEM QTY, UNIT DESCRIPTION OF ITEMS PRICE
Maintenance of lawns/turf and
2
3 i
I
4,301 sq.fl. t) irrigation system at the lump sum 151.00
rice of: L.S.
1 L.S. ' Maintenance of plants, shrubs,
TOTAL
ANNUAL
PRICE
1,812.00
854 sq -ft. =F-) groundcover and irrigation 20.00 240.00
system, at the lump sum, price of: L. S. $ _ _-. -
Maintenance of slopes including
plants, shrubs, groundcover and 2 00$ 240.00
irrigation system at the lump sum
1 iirice of:
FLL(
TOTAL BASIC BIII
I(SCHEDULE 10, i (A) $
2,292.00
17.e
Packet Pg. 389 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 20 ACCOUNT NUMBER 254-150-6041 *5506
DID SCHEDULE
PLAN NO, 12051A(2017-18)
SCHEDULE 10: ASSESSMENT DISTRICT NO. 1050 — PEPPER & RIALTO
SUPPLEMENTAL, ITEMS. OF WORK
35 EACH Replacement of Sprinkler Heads: Pop-up
type, under 12", including necessary pipe,
fittine s. etc.. ser each 10.00 $ 350.00
7 35 EACH Replacement. of Sprinkler Heads: Pop-up
i -type, 12" or over, including necessary
ji;,fitdn ys, etc., ;iq each $ 16.00 $560.00
10 EACH 'Replacement of Sprinkler Heads: Rotor
TOTAL
type, under 12" including necessary pipe,
tinu s, etc., each 16.00 160.00
PRICE
9
UNIT QMwfity x
imm QTY. UNIT DESCRIPTION OF ITEMS PRICE Unk Price)
1 30 EACH Rqplacemerrt of TL= I ):Ler each 76.00 2,250.00
2- 200 SQ FT. Re tiIacement of TurfLsq. 80 160.00
3 l 10 1 EACH Replacement of Shrubs (1 gal.) at j.,er each 8.00 80.00
4 10 EACH R61acement!jf Shrubs C5 al.) _Atper each r, oS1.0 160.00
5 25 FLAT.' 1@4mrnent of Ground Cover Per flat 14.00 350.00
35 EACH Replacement of Sprinkler Heads: Pop-up
type, under 12", including necessary pipe,
fittine s. etc.. ser each 10.00 $ 350.00
7 35 EACH Replacement. of Sprinkler Heads: Pop-up
i -type, 12" or over, including necessary
ji;,fitdn ys, etc., ;iq each $ 16.00 $560.00
10 EACH 'Replacement of Sprinkler Heads: Rotor
type, under 12" including necessary pipe,
tinu s, etc., each 16.00 160.00ter
9 10 EACH FReplacement of Sprinkler Heads: Rotor
hype 12"orover, including necessary
pij±,, fitfinit etc., per each 22.00 220.00
10 5 EACH Replacement of Sprinkler Heads:
0.
Shrubberytype, including necessary pipe,
fitfinL6.s. Fjc, er each 8.00 40.00
11 48 HOURS Cost of labor for irrigation system repair
for EXTRA WORK.Per hour 25.00 1,200.00
TOTAL SUPPLEMENTAL
ITEMS OF WORK (SCHEDULE B)
10, 5,530.00
TOTAL BID
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK (SCHEDULE 10) 7,822.00 _j
17.e
Packet Pg. 390 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 21 ACCOUNT NUMBER 254150-6039*5506
ADDITIVE NO.1
BID SCHEDULE
PLAN NO. 11762A (2017-18)
SCHEDULE 11: ASSESSMENT DISTRICT NO. 1048 — RANDALL & EUCALYPTUS
BASIC BID
TOTAL
UNIT ANNUAL
ITEM QTY. UNIT DESCRIPTION OF ITEMS PRICE PRICE
1 1 L.S.
r
Maintenance of plants, shrubs,
13,953 sq.ft. groundcover and irrigation 210.00 2,520.00
j system, at the lumi ,. sum of: L.S.
Maintenance of trees and
2 1 i L.S. irrigation system at the lump sum L.S.
irrCe of: 10.00 120.00
TOTAL BASIC BE
SCHEDULE 1A__ _ 2,640.00
17.e
Packet Pg. 391 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 22 ACCOUNT NUMBER 254-150-6039*5506
ADDITIVE NO.1
BID SCHEDULE
PLAN NO. 11762A (2017-18)
SCHEDULE 11: ASSESSMENT DISTRICT NO. 1048 — RANDALL & EUCALYPTUS
SUPP, EMENTAL ITEMS OF WORK
UNIT
ITEM I QTY. UNIT DESCRIPTION OF ITEMS PRICE
1 30
9 5
E
75.00
8.00
l $ 16.00
E $ 14.00
TOTAL
PRICE
Quandty x
Unit Price)
2,250.00
80.00
160.00 _..._...
350.00
EACH I Replacement of Sprinkler Heads : Pop-up j
EACH 1 Rye Aacement of Trews 15 gal.) ;jer each
2
I
10 EACH. Rg)lacement,of Shrubs (1_;{=al.), at,,! er each
3 10 EACH a Re 'lacement of Shrubs (5 :zal.) at der each
4 25 FLAT Reolacement of Ground Cover ner flat
9 5
E
75.00
8.00
l $ 16.00
E $ 14.00
TOTAL
PRICE
Quandty x
Unit Price)
2,250.00
80.00
160.00 _..._...
350.00
EACH I Replacement of Sprinkler Heads : Pop-up j 1
type, under 12", including necessary pipe, I
I . fittings, etc.. ; :er each j $ 10.00 350.00
EACH I Replacement of Sprinkler Heads: Pop-up E
Ii type, 12" or over, including necessary
fittints, etc Leach µ _ 16.00 560.
00 EACH I . Replacement of Sprinkler Heads :
Rotor fI type, under 12" including necessary
pipe, fii rTj etc.. ner each 16.00 160.
00 EACH 1 Replacement of Sprinkler Heads : Rotor
I type, 12" or over, including
necessary 22.00 xe, fittings, etc,, C'' each $ 220.
00 EACH Ti'Replacement of Sprinkler
Heads: " 1: Shrubbery type, including necessary
pipe, fitt u s _etc., }ger each _I $ 8.00 $ 40.
00 10 48 ! HOURS i - Cost of labor for irrigation system
repair for EXTRA WORK ner hour $ 25,00 1,200.
00 TOTAL
SUPPLEMENTAL ITEMS OF WORK (SCHEDULE (
B) $ 5,370.
00 TOTAL
BID BASIC BID + SUPPLEMENTAL (A+B)
S rrEMS OF WORK (SCHEDULE 11) 1 $,010.
17.e
Packet Pg. 392 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 23
ALL SCHEDULES
BID SUMMARY
BID SUMMARY
Indicate Total Bid for each schedule in the s:paces provided and the total of all schedules.
SCHEDULE 6 -AD 1001_ .
SCHEDULE I - AQ 974 s,25s.0o i
TOTAL BID:
TOTAL BID: _ _— _
SCHEDULE 7 - AD 1007 ^_
SCHEDULE 2 - AD 975 _ . ___._...__._. 6,770.00 i
TOTAL BID:
TOTAL BID:__...._.____..
SCHEDULE S .- AD 162
SCHEDULE 3 - AD 981 _ 9,256.00
TOTAL SID:
SCHEDULE 4 - AD 986. -_- 12, 070.00
TOTAL BID:
SCHEDULE 5 - AD 989 6,330.00
TOTAL BID:
SCHEDULE 6 -AD 1001_ . 9,106.00
TOTAL BID:
SCHEDULE 7 - AD 1007 ^_ 6,210.00
TOTAL BID:
r—
SCHEDULE S .- AD 162 7, 566.00
TOTAL BID:
I-SWREDULE 9 - AD 1020$ 5,840.00
TOTAL BID:
SCHEDULE 10 -AD 1050 7,822.00
SUBTOTAL:
TOTAL BIDS - SOMOULES I THROUGH 10 A 77,228.00
TOTAL BID:
ADDITIVE NO. I
SCHEDULE 11- AD.1;048 (B) 8,010.00
TOTAL
SUM OF ALL SCHEDULES INCLUDING ADDITIVE NO. 1 (A+B) $ 85,238.00
NOTE:
THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE NO.1
SCHEDULE 11) ANYTIMi DURING THE TERM OF THIS CONTRACT, OR NOT TO COMMENCE
ANY MAINTENANCE. IF MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE
TERM OF THIS CONTRACT, TOTAL PAYMENT AMOUNT FOR BASIC BID SHALL BE PRORATED
ACCORDINGLY.
THE CITY RESERVES Tj RIGHT TO AWARD A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE TO }A.L r OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF THE
SUPPLEMENTAL ITEMS OF WORK (A) OR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE
TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF ADDITIVE NO. 1
A+B). BIDDER MUST SUBMIT BIDS FOR BOTH THE BASIC AND SUPPLEMENTAL ITEMS
OF WORK FOR ALL SCHEDULES INCLUDING ADDITIVE NO. 1.
17.e
Packet Pg. 393 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID NOTES:
1. The total price must be extended for each item of work and the total of all items inserted in the space
provided.
2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work.
3. An estimate of the squaie footage involved in each Basic Bid item has been provided to assist the
Contractor but are not to be construed as actual quantities. The Contractor, by submitting bid, has
satisfied themselves of the actual character and quantity of work and the price bid will be for the
lump sum unit price.
4. An estimate of the quan4 les involved in each Supplemental Items of Work item has been included
for the bid comparison purposes only and no adjustment shall therefore be made in the contract unit
price for increased or decrfased quantities.
17.e
Packet Pg. 394 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
k wil 1:2018 except as previously noted, and shall continue in a good and worlananlike manner for the term
of the contract.
The undersigned further agrees that in case of default in executing the con tract, or famishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall be
paid to the City of San Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF
CONTRACTORS,
LICENSE NO. _960570
CLASSIFICATION...C27 -D49
FIRM NAME: Willowbrook Landscape Inc.
BUSINESS ADDRESS: : 14930 Farmington St -Hesperia CA 92345
SIGNATURE OF BIDDER: 01 cL-` DLVal
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individuals, co-partners composing the firm, If a corporation, state legal name of the corporation, also the
names of the president, secretary, treasurer and manager thereof.
Wllowbrpok Landscape Inc.
Nick_Alvarado President ,Secretary, Treasuurer
Teleplione No. f an.713-5686
Dated 1-28, 20 18
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO. i DATE:.
ADDENDUM NO.2 DATE:
ADDENDUM NO.3 DATE:
17.e
Packet Pg. 395 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Willowbrook Landscape Inc. _
BIDDER'S FIRM NAME
DESIGNATION OF SUB -CONTRACTORS
In compliance with the provisions of Section 4100-4110 of the Public Contract Code of the State of
California, and any amendments thereof, each bidder shall set forth below the name and location of each
sub -contractor who will perform work or labor or render service to the Contractor.
Agency of
Name & Address MBEMBE
Under Which Certification
Subcontractor and Number Sub -Contractor Sub -Contract Specific
Licensed (If Applicable) Phone No. Amount Sub -contract
17.e
Packet Pg. 396 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
WORKER'S COMPENSATION INSURANCE
CERTIFICATION
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance before commencing any
of the work.
Contractor:
NAME OF FIRM Willowbrook.Landscac,,e Inc.
By: Nick Alvarado
TITLE: President
DATE: _ 1-28-2018 -
17.e
Packet Pg. 397 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the affidavit on
this page will result in rejection of bid)
NON -COLLUSION AFFIDAVIT
To the City of San Bemardino, State of Califomia, Department of Public Works:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
The he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
wiillowbrook Landscape., Inc.
Nick Alvarado, President.
iiNte.c,,, vim. r&d o -.
Signature of Bidder
149.30 Farmington St.
Hes eria, CA 92346
Business Address
14930. Fermin tgonS.t., HesReda, CA 92346
Place of Residence
Subscribed and sworn to before me this-. - . 30th_ day of . Januarys_ _ _ - 20 1 g
Susan C. Monteon, Notary Public in g_rid for the County of
Riverside ,State of California SUSAN C. hMTECPiCOMMIssWNo. 2MI347
MY
kOTAA' PVSUL ALIFORHIk
My Cornrnrssron expires on.. July 13 20 21
LY13.+
sloe canrrr
Caw E iros AAr 13 2021
17.e
Packet Pg. 398 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
FORM OF BID AM
Bond No.: CMGB0002227
KNOW ALL MIST BY THESE PRESI:NU, that we, the and el, —_
Willowbrook. L,andseaPe Co., IM ._ – _ as Principal, and
Argonaut Insunmee Company — —_ as Surety, an hereby and
firmly bound veto the Ctn of Sit B o , State of Caf m* hemi referred to as "Obligee" in the penal
sum of ten percent 10° of the Dotal amount of the bid of the Principal submitted to the Obligee for the work desc nW
below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, exeaator% adtninislrators,
successors and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the principal has submitted to Obligec, a certain Bid, attached hereto and hereby trade a part hereof to eater into
a contract in writing, for the
Ara a - Idaipienance of Landscape &: Appurtanant Facilities in Portions of Assessment District NOS.:
974,975,99P86,989,1001,1007,1012,1020,1Q20,1054 and 1048(AdcL ' e No 11
Copy here the arra fide dercn)7twn of worlk inchidin+g location, as it appem's on the Bid and Contract Domw&)
for which bids are to be opened on January 30,201B
Insert date of opening)
L Nsaid Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute a contract
in the Form of contract attached hereto (properly completed in accordance with said Bid )
and shall furnish a bond for his faithful performs m of said contract,
and shall m all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood andagreedthattheliabilityoftheSuictyforanyandallclaimshereundershall, in no event, exceed the Penal amort of this
obligation as herein stated.
The Surety, for value receaved, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in 110 wayimpairedoraffectedbyanyextensionofthetimewithinwhichtheObligeemayacceptsuchBid; and said Surety does hereby
waive notice of any such extension'
Blow, *e turn of this performance and Paymentbonds is for 04!01/2018 to o6130rA19.
optional rwewal years will be approved by the surety comPAV and ortanded at their sole d'iscredon.
Signed, this . 29th day of. January 20 18
IN WITNESS WHEREOF, the principal and the Surety have hereunto set their hands and seals, and such of them as arccorporationshavecausedHeircorporatesealstobeheretoaffixedandthesepresentstobempedbytheirproperofficers, the
day and year fust mentioned.
Willowbrook Landscape Co., Inc. _ (SEAL)
Principal
r
By: t C - _ate rcx- T)
Signature
Nuck gjvarado Preside ,
PrintedName and Title
Argonaut Insurance Company (SEAT.}
Suray
Signature
Stephanie HM Shear, Atter-In-Fact
Printed Name and Title
NOTE: Notarinti,on of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this farm.
17.e
Packet Pg. 399 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CMGB0002227 Argonaut Insurance Company $
0.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Boz 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is narrmd above, w make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of.
S10.000.000.0D
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secxelary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile s ignshue, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attorne}, to execute in behalf o1; and acknowledge as the act and deed of the
Argonaut insurance Company, all bond undertakings and contracts of suretrAp, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused. KS,j pus ; seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017. .a• Argonaut Insurance Company
r
SEAL] -
tm by:
Qt7Joshua C. Betz Senior Vice PresidentM1w
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, tome personally known to be the individual and offiar described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preoeding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
4hi.t.Ws `tYl. ttxo
N:1:1%
NotaryPublic)
I, the undersigned Officer of the Argonaut hrsuranee Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
fbregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my band, and affixed the Seal of said Company, on the 28th day of January 2018
SEALf
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321- 8400.
17.e
Packet Pg. 400 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of LOS ANGELES )
On JAN 7 9 2018 before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and True of the Officer
personally appeared STEPHANIE HOPE SHEAR
Names) of Signer(s)
who pawed to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(iss), and that by his/herRheir 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 Callfomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
c•
Signature
ture of Notary Public
Place Notary Seal Above
OPTIONAL -- -
Though this section is optional, completing this information can deter alteration of Me document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: -_ Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
individual Attomey in Fact
Trustee Guardian or Conservator
Other.
Signer Is Representing:
Signer's Name: _
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer is Representing:
02014 National Notary Association • www.NationalNotaiy.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
SHIRLEY GIGGLES i,
Notary Public - California {i
Los Angeles County
Commission # 2163817
4 My Comm. Expires Sep 7, 2020
I certify under PENALTY OF PERJURY under the laws
of the State of Callfomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
c•
Signature
ture of Notary Public
Place Notary Seal Above
OPTIONAL -- -
Though this section is optional, completing this information can deter alteration of Me document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: -_ Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
individual Attomey in Fact
Trustee Guardian or Conservator
Other.
Signer Is Representing:
Signer's Name: _
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer is Representing:
02014 National Notary Association • www.NationalNotaiy.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
17.e
Packet Pg. 401 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside
On _ January 30, 2018 before me,
Date
personally appeared Nick Alvarado
SUSAN C. MONTEON
Commission No. 2201347
d NOTARY PUBLIC -CALIFORNIA
RIVERSIDE COUNTY
My Comm. Expires JULY 13. 2021
Place Notary Seal Above
Susan_ C. Monteon
Insert Name of Notary exactly as it appears on the official seal
Name(s) of Signer(s)
Notary Public,
who proved to me on the basis of satisfactory evidence to I
be the person(s) whose name(s) istare 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 histher/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 sealer A
Signature
Signature of Notary Public Susan G. Monteon I
OPTIONAL -
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
Individual!
Corporate Officer—Title(s):
Partner Limited General
Attomey in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
Signer's Name:
Individual
Corporate Officer—Title(s):
Partner Limited General
Attorney in Fact
Trustee
Top of thumb here Guardian or Conservator
Other:
Signer is Representing:
17.e
Packet Pg. 402 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
ARART II
SPECIAL PROVISIONS
17.e
Packet Pg. 403 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special Provisions set forth
herein, the "Landscape Cost Estimating" by Colton, and in accordance with the following Special Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they shall be
understood to mean and refer to the following:
Aenc /Owner - The City of San Bernardino.
Board - The Mayor and Common Council for the City of San Bernardino.
En- 'neer - The City Engineer, Department of Public Works for the City of San Bernardino or
authorized designee.
Ins; _ector - Authorized designee of the Engineer.
Laboratory - The laboratory to be designated by the City of San Bernardino to test materials
and work involved in the contract.
Notice Advertisin_ J for Bids - Notice Inviting Bids.
Standard Srecifications - Standard Specifications for Public Works Construction, current edition.
Landscape Cost Reference - "Landscape Cost Estimating" by Colton, current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent
and meaning specified in Section 1-2, "Definitions" in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and
these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such
conflicting portions.
1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the responsibility
of the City and is not a part of this contract.
1-D TOT LOT EQUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if any,
shall be the responsibility of the City and is not a part of this contract.
SP -1
17.e
Packet Pg. 404 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 2
BID RE` UIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be
signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to the
City of San Bernardino, in the amount often percent (10%) of the bid. Such cash, check or bond shall be
given as a guarantee that the bidder will enter into the contract if his bid is approved and the Mayor is
authorized to execute the contract. In the event the bidder whose bid is approved refuses to execute said
contract, the use by the public of the improvements will be delayed and the public will suffer great damage.
From the nature of the case, it would be extremely difficult and impractical to fix said amount of damage.
Therefore, the City and the bidder agree that the bid guarantee of 10% of the bid shall be paid to the City
upon the conditions set forth above as liquidated damages and not as a forfeiture. Bid bonds shall be
underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better.
2-11 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals for
participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution No. 95-
409 by the mayor and Common Council of the City of San Bernardino, on 11 -20-95. This outreach program
superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business
enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested
subcontractors of 15% MBE and 5% WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise, certified by Caltrans.
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women
Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the
performance of all City contracts. Bidders shall assist the City in implementing this policy by taking all
reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an
equal opportunity to compete for and participate in City contracts. Bidders' good faith efforts to
reachout to MBEs, WBEs and all other business enterprises shall be determined by the following factors:
1) The bidder attended pre -solicitation or pre-bid meetings, if any, scheduled by the City to inform
all bidders of the requirements for the project for which the contract will be awarded. The City may waive
this requirement if the bidder certifies it is informed as to those project requirements.
SP -2
17.e
Packet Pg. 405 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
2) The bidder identified and selected specific items of the project for which the contract will be
awarded to be performed by sub -contractors to provide an opportunity for participation by MBEs, WBEs and
other business enterprises. The bidder shall, when economically feasible, divide total contract requirements
into small portions or quantities to permit maximum participation of MBEs, WBEs and other business
enterprises.
3) The bidder advertised for bids from interested business enterprises not less than ten calendar days
prior to the submission of bids, in one or more daily or weekly newspapers, trade association
publications, minority or trade oriented publications, trade journals, or other media specified by the City.
4) The bidder provided written notice of its interest in bidding on the contract to those business
enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All notices of
interest shall be provided not less than ten calendar days prior to the date the
bids were required to be submitted. In all instances, the bidder must document that invitations for
sub -contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of
work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs
and other business enterprises.
5) The bidder documented efforts to follow up initial solicitations of interest by contacting the business
enterprises to determine with certainty whether the enterprises were interested in performing specific
portions of the project.
6) The bidder provided interested enterprises with information about the Plans, Specifications and
requirements for the selected sub -contracting work.
7) The bidder requested assistance from organizations that provide assistance in the recruitment and
placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission
of bids.
8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises and
did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the city. As
documentation the bidder must submit a list of all sub -bidders for each item of work solicited, including
dollar amounts of potential work for MBEs, WBEs and other business enterprises.
9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business
enterprises in obtaining bonds, lines of credit, or insurance required by the City -or Contractor.
If the City has established expected levels of participation for MBE and WBE sub -contractors, failure to
meet those levels shall not be a basis for disqualification of the bidder. A determination of the adequacy of a
bidders' good faith effort must be based on due consideration of the indicia of good faith as set forth above,
In the event that the City is considering awarding away from the lowest bidder or not awarding a contract
SP -3
17.e
Packet Pg. 406 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
to a bidder because the bidder is determined to be non-responsive for failure to comply with the good faith
indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder
the opportunity to present evidence to the Mayor and Common Council in a public hearing of the bidders'
good faith efforts in making its outreach. In no case should the City award away pursuant to this program if
the bidder makes a good faith effort but fails to meet the expected levels of participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in
California Public Contract Code Section 2000(0 . Nothing herein restricts the discretion of the City to
reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 ofthe San Bernardino Municipal
Code.
The directions set forth herein shall take effect immediately, and all City Departments shall modify
their implementation programs to the extent such programs are inconsistent with this policy.
SP -4
17.e
Packet Pg. 407 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is approved by the Mayor and Common Council with the Mayor
authorized to execute the contract shall file with the Engineer all required bonds and insurance policies and
execute the contract within 10 calendar days after receiving notification of the approval. Failure to file the
stipulated documents and execute the contract within the prescribed time shall constitute good and sufficient
grounds for recession of the award and payment of 10% of the bid to the City as liquidated damages. Action
by the Mayor and Common Council in approving a bid and authorizing the City Managerto execute a
contract shall be deemed to obligate the bidder to proceed in accordance with the bid bond to execute the
contract and provide required documentation (e.g., insurance policies and performance bond) to the City. No
work shall be undertaken toward the completion of the contract, nor subcontracts entered into, until the
contract has been fully executed by both the Contractor and City.
3-B CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the
Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT
BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may deposit
with the City a cash amount equal to $500 or ten percent (10%) of the total amount bid for the first year's
maintenance, whichever is greater. The amount so deposited shall be retained by the City of San Bernardino
and will be returned to the Contractor upon completion of the term of the contract. There will be no interest
paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a
maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works.
3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is
encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector, but
not to exceed 90 days.
SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and performance
report relative to the project area. Contractor and Inspector shall meet at least once each month at the office
of the Inspector or at another location as agreed upon by the parties, to discuss the report. Weekly reports
may constitute the monthly evaluation based upon the Inspector's discretion.
4-B INSPECTIONS -- An inspection form will be completed by the Inspector every week. Any items noted
not to be in compliance with the specifications will be discussed immediately with the Contractor's on site
representative. Correction of these items shall be accomplished as set forth at Section b -G of this
agreement. Continued noncompliance, or failure to correct noted deficiencies in a timely manner, shall
SP -5
17.e
Packet Pg. 408 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
constitute sufficient grounds for further action, up to and including termination of the contract. Contractor or
his representative shall also meet once each week on site for field inspections with the Inspector to discuss
and sign said inspection report. Failure on the part of the Contractor to meet at the designated time and
place will result in a 10% reduction in the monthly contract payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking responsible
representative of the Contractor shall be designated in writing at the time this contract is executed by the
Contractor. This representative shall be considered as an agent of the Contractor with authority to receive
official notices and make binding agreements on the prosecution of the work. The Inspector shall be
given 5 days prior written notice of a change in such representative.
4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the Contractor's
personnel, and shall be so attired at all times, including all necessary safety attire, equipment, and vehicles,
which shall also bear the Contractor's State License number.
4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in
compliance with this Agreement, or brought into compliance within the period of time allotted, may be
withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by the
City to correct the problem or for services not fulfilled by the Contractor. A statement will be provided with
the monthly payment describing the reason for withholding a portion of the payment and a listing of the
amount. (See also Section 6-E of these Special Provisions.)
4-F TERMINATION OF CONTRACT — Failure to perform specified items of work as provided in these
Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and sufficient
grounds for terminating the contract. Notice of termination will be given by certified mail and will be
effective 15 calendar days after receipt of said notice.
Notification of any termination will be given to the surety, who shall have the right to take over the
contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract
within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance
services with the right to recover damages from the principal or the surety arising from the principal's failure
to perform.
4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted November
21, 1994, the Mayor and Common Council established a policy which states that any assessment district
landscape Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be allowed
to submit a bid for any other assessment district landscape maintenance contract during that period. A
Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the San Bernardino
Municipal Code.
SECTION 5
SP -6
17.e
Packet Pg. 409 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
LEGAL REOUIREMENTS
5-A LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability
Insurance" of the Standard Specifications, providing that the Contractor shall furnish the City with a policy
or certificate of liability insurance as prescribed therein, prior to the execution of the contract. The Insurance
Policy shall name the City of San Bernardino as additionally insured. The endorsement shall be provided
by/or agent of the insurance company and shall be notarized to that effect. ACCORD Forms are not
acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind the insurance
provider. (See attached sample forms.)
Following is the required minimum limits of Insurance:
Bodily Injury ...... $250,000 each person
500,000 each occurrence
500,000 aggregate products
and completed operations
Property Damage ... $100,.000 each occurrence
250,000 aggregate
A combined single -limit policy with aggregate limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in
Section 7-3 of the Standard Specifications.
5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section
7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the Contractor shall
file a signed certification Certificate of Worker's Compensation Insurance for itself and its Subcontractors
before execution of the contract.
5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City
of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby
referred to and made a part hereof by references as fully as though set forth at length herein, have
ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for
legal holidays and overtime work for each craft or type of workman needed in the execution of contracts
under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof.
SP -7
17.e
Packet Pg. 410 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
The Inspector shall have the right to interview any craft or worker on the project site in order to verify
payment of prevailing wage rates in accordance with Resolution No. 90-3 58. Prevailing wage shall comply
with current rates and all updates. Also, the City retains the right to examine the Contractor's payroll
records to determine if wage rates indicated are being paid. Submittal of weekly certified payrolls may be
required by Inspector in the event of a problem becoming evident.
5-1) SAFETY RE JUIREMENTS -- All work performed under this contract shall be performed in such
manner as to provide maximum safety to the public and the safety standards outlined in the Federal OSHA
guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the Contractor
when unsafe or harmful acts are observed or reported relative to the performance of the work under this
contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his operations. Any hazardous conditions noted by the Contractor,
which is not a result of his operations, shall immediately be reported to the Engineer (909) 384-5111.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or pesticides
proposed for use under this contract for approval by the Inspector. This listing shall be limited to chemicals
approved by the State of California, Department of Agriculture and not appearing on any Federal or State list
of prohibited toxic materials, and shall include the exact brand name and generic formulation, California
Registration No. and Chemical Abstract Service No. (Case #), and based on the recommendations of a
licensed Pest Control Advisor. The use of chemicals shall conform to the current San Bernardino County
Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by the Inspector
as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify or hold
harmless the Contractor for damages arising from the use of any such chemicals, herbicides or pesticides and
hereby specifically reserves to itself full rights against any party for any damages which are proximately
caused by the negligence or improper use of any such chemicals, herbicides or pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector.
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained from
the County of San Bernardino Department of Agriculture and written permission has been obtained from the
Engineer.
5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it will
not discriminate against any employee or applicant for employment because of race, color, religion, sex,
marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for minorities
and other designated classes in accordance with federal, state and local laws. Such action shall include, but
not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and
promotion. In addition, Contractor shall not exclude from participation under this Agreement any employee
or applicant for employment on the basis of age, handicap or religion, in compliance with state and federal
laws.
SP -8
17.e
Packet Pg. 411 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
5-H SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter 8.54 of the
City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped
with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be
operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during the
hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and Common
Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not
limited to trucks, mowers, weed eaters, blowers or other equipment that may or may not be owned by the
Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required
by safety laws for the protection of personnel.
5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to execution
of the contract.
SP -9
17.e
Packet Pg. 412 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AC88a=» CERTIFICATE OF INSURANCE 02ii` D8
IS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND
PRODUCER CONFERS NO RMHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
COMMERCIAL ASSOCIATES INS, INC YTHE POLICIES BELOW,
1226 EAST LA PALMA AVE COMPANIES AFFORDING COVERAGE
CDWPJ"
A CNA-TRANSCONTINETALANAHEIM, CA 92807
INSUM
ANr
8 CNA-VALLEY FORGE
INLAND LANDSCAPING SERVICES CDSIPARY
3000 CALIFORNIA STREET C CHUBB GROUP-FEDERAL INSURA14CE
CONIPAWSANBERNARDINO, CA 92407
D
TH19 IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REOUREIMiT. TERM OR CONDITION OF ANY OOh`TRACT OR OTHER DO I EENT WITH RESPECT TO
WHIC44 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREW IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAH%
CO TYPEOFSISURARCE POLICY NUIMR POLICYEFFE=M POLtCYE%P{RAT9W LIMITS
LTR OATE(mwYmm DATEpIMNYiDD)
GENERAL LIABILITY
QSKE{ALAGGREGATE t2,000,000
PRODUCT:-CONPIOPAO6 41,000,000
COIBIERCUtL GBIHtAL UABtLTTY
PERSONAL A ADV SiNRY $1,000,000CUM" MADE I OCCUR
r-j10228757f9 02/C1/98 02/01/99 F-MMOCCURERCE S 1,000,000
OW IIER'S & COUTRACTOR S PROT FSUEDAMADE (At ent Ike) S 50,000
NEW alp lAnYom PM04 S 5,000
AUT01gBILE WBd[TY
C0MBNEDB0i0LELoa t 1,000,040
ANY AUTO
BODILY MUTY S
X ALL OWNED AUTOS P-Ptusom
g Sc1 onLEO AUTOS
X HIRED AUTOS BODILY MAMY
8 No@QWTWDAUTOS BAP 5197135 02/C1/98 02/01/99
I PROPERTY ACCm9R t
GARAGE LIABILITY A1RD aRLr A ACClOBii
MY AUTO
EXCESS LIABILITY
ulIIItEtul FORM
aMER TNUI tRIERELLA FORM I
WOW.MS TIONAND
EEkIPLOYER'S LUMILITY
EL I:AgICK ACCtom@lT i
THE PROPRIETOR!
FARTNERVEXECUTIVE MCL
EL DUIEASE-POLICY L11M !
EL DISEASE EA EMPLOYEE IOFFICERSARE: ERCL
OTHER
DM#WTmm OF OPIRRATIORSPLOCATIDIM MCLE APIP ECIALITEM A
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: IAD 2000, CONTRACT 9898
BE-LOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRISEO FOL ICI ES BE CARO ELLED BEFORE THE
THE CITY !]F SAN BERIIF RDINO
ExPOtATI0FIDATE THEREOF, 7HELMR40 COLWAHYML:,6Nwi}F-6 Lf.ML
OF DEVELOPMENT SERVICES
OAYS WRIITEl1 NOTICE TO THE CERTIFICATE HOLM NARES TO T+lE IEFi. AL
Qu.Iu r-o.cciry IiaTtcc+:r'iA.larr I:Ga+^ ciz =
PUBLIC WORKS DIVISION 1Y..YYYii:rYTilYifiGCQY:4A1: Ffp Q Irc.cus^wzrQc= - :^
300 NORTH "D" STREET
SAL, BERNARDINC, CA 92418-OOC1 AU RISI}
RI RE iT
ig, 17 + •]C7
ACID 254 (1195) 0 ACORD CORPORAZON 1886
SP -10
17.e
Packet Pg. 413 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COIABIERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
290 NORTH "D" STREET
SAN BERNARDINO, CA 92401
If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
NOTE: MUST BE SIGEND BYA UTHORIZED REPRESENTATIVE FOR PROTVIDER. ALL YALSO
SUPPLYPOWER OFATTORNEY GIVING AUTHORITY TO BIND
CG 20 10 1185
SP -11
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
17.e
Packet Pg. 414 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 6
PAYMENTS/GENERAL
6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the month
the work is performed, or 21 days after approval by the Inspector, whichever occurs later. The first payment
maybe pro -rated in accordance with the actual portion of the month worked. Request for payments must be
submitted each month and shall be hand delivered to the Inspector at the monthly evaluation meeting.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
provided by the Inspector for extra work billing and the work must have been previously approved as
set forth in Section 6-D below. Upon acceptance and approval of the billing by the City, payment for
Extra work will be made the following billing cycle.
6-B PAYMENTS WITHHELD -- The City may withhold payment to such extent as may be necessary to
protect the City from loss due to:
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third parties against the
City arising from the performance of the Contractor or any subcontractor under this agreement.
3. Maintenance not being performed or completed.
6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and shall
be based upon actual damages and/or the amount and type of maintenance not completed. Retention of
payment for damaged irrigation components, or loss of any plant material may be released to the contractor
upon repair or replacement of the needed items or completion of work. Deductions for incomplete or
inadequate maintenance not performed at the required schedules shall be a permanent deduction.
6-D EXTRA_WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA
WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of
California Business and Transportation Agency, Department of Transportation, Division of Construction,
LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless the extra work is
done for a negotiated price. Prior approval shall be obtained in writing from the Engineer, or his designee,
before performing any extra work, except for urgently needed repairs to the irrigation systems. With
submission of the bill for such Extra Work, Contractor shall attach copies of material invoices and rental
receipts, ifany, as Backup for the amount charged Extra Work includes repairs and replacement made as a
result of vandalism. Extra Work does not cover any repairs or replacement of items needing repair or
replacement due to the Contractor's negligence or failure to perform the scheduled maintenance and
contractor shall be required to make necessary repairs or replacement at no cost to the City if work needed is
a result of contractor's negligence. Inspector shall make final determination if work needed is due to
vandalism or contractor's negligence.
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price indicated
in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing landscaping due to
age or poor growth as determined by the Inspector and the Engineer not related to Contractor's negligence
SP -12
17.e
Packet Pg. 415 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
shall be classified as Supplemental Items of Work. All supplemental work performed shall be as directed by
the Inspector and then Engineer.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard
Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be made in
the contract unit price for increased or decreased quantities of Supplemental Items of Work.
6-F PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his
operations.
6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance
elements of the maintenance contract. The Inspector will be responsible for checking the performance of
the Contractor to the established standards and reporting any lack of maintenance to the Engineer. The
Contractor will be notified of any maintenance failure and will have a reasonable amount of time, as
determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If after said
reasonable amount of time the problem has not been resolved, a formal notice of noncompliance will be sent
to the Contractor with a specific target date to resolve the problem. If the problem is still present on the
specific target date, the Inspector will notify the Engineer who will have the option of terminating the
contract and re- advertise for a new contractor. The necessity of sending more than two (2) formal notices to
the Contractor to correct a maintenance failure anywhere within the contract area shall constitute grounds for
termination of the contract. In such event, then the amount of cash or bond deposited with the City as a
performance bond shall be forfeited by the Contractor to cover all costs incurred by the City as a proximate
result of Contractors' failure to perform as required by the Agreement.
6-H HOURS OF LABOR__ -- The Contractor shall conduct his operations during the hours specified in
Section 7-B-2.
6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such
capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work required
under this contract during the regular and prescribed hours. All such personnel shall be physically able to do
their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient
manner at all times. They shall be clothed in a suitable uniform as determined by the Inspector, with a
company identifying marker. The Inspector may require the Contractor to immediately remove from the
work site any employee(s) observed to pose a threat to the public and whose continued employment on the
job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who maybe a working Supervisor,
on the job at all times work is being performed, with whom the Inspector may consult with respect to
performance of this contract. Adequate and competent supervision, as determined by the Inspector, shall be
provided for all work done by the Contractor's employees to ensure accomplishment of a first-class job.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for the various contract items of work involved and no additional compensation will be allowed
therefore.
SP -13
17.e
Packet Pg. 416 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
64 ATTORNEY'S FEES -- The prevailing parry in any legal action to enforce or interpret any provisions
of this Agreement will be entitled to recover from the losing parry all attorney fees, court costs, and
necessary disbursements in connection with that action. The costs, salary and expenses of the CityAttorney,
and members of his office, in connection with that action shall be considered as attorney's fees for the
purpose of this agreement.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
SP -14
17.e
Packet Pg. 417 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 7
DESCRIPTION OF WORK
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and
irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive condition
and the irrigation system in a fully operational manner. All services shall be provided in a good
workmanlike manner, consistent with the standards of the industry as determined by the Inspector.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the following:
7-B-1 Maintenance -- Complete landscape maintenance of all contract areas to include litter removal,
irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; raking; fertilization; weed
control; control of all plant diseases and pests; mowing; edging; irrigation and drainage systems; and all
other maintenance required to maintain the contract areas in a safe, attractive, usable, healthy and vigorous
condition.
All other areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if any), within the
contract defined areas, shall be kept free of weeds as per the maintenance schedule for weeding.
Unimproved areas beyond described limits are not a part of this contract.
For unimproved areas within described limits, ten (10) feet from curb face shall be maintained weed
free by Herbicides and manual methods Herbicides shall be approved by the City prior to use and only
State of California licensed Pest Control Operators shall apply the Herbicides Unimproved areas to be
maintained are shown on the Plan.
7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance
required under this contract from Monday through Friday and as specified in this Section of these Special
Provisions. Exceptions maybe made to normal working hours (7:30 a.m. to 4:34 p.m.) where incidence of
use may be too great during the hours specified to allow for proper maintenance. The Inspector may grant,
on a case by case basis, permission to perform contract maintenance at other hours.
7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance of
this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of any
work required by these specifications, and any changes in scheduling shall be reported in writing, to the
Inspector immediately.
7-B4. The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In
addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning and
other infrequent operations shall be fiirnished to the Inspector at least five (5) working days in advance of
performing these operations.
SP -15
17.e
Packet Pg. 418 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
7-B-5. The Contractor will be responsible for replacing trees and plant material due to over watering,
under watering or improper horticultural practices or neglect as determined by the Inspector at Contractor's
cost.
7-C MAINTENANCE SCHEDULES
The following items of work shall be performed by the Contractor with the frequency indicated:
Pick up of trash and debris Weekly or as needed.
Note: Areas adjacent to high pedestrian traffic may require
more frequent pickup of trash as determined by the inspector.
Complete Irrigation Test
Rodent Control
Weekly (with Inspector)
Weekly
Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure
proper and adequate irrigation. (e.g. daily during hot, dry
weather).
Trimming/Pnming Trees/Shrubs
Fertilization - (small trees,
shrubs, ground cover)
Fertilization - (turf)
Weeding Slopes (all debris to
be removed- Slope Areas are
as shown on Plan)
Every two months (areas adjacent to sidewalks & right of way
as needed)
Semi-annually
Quarterly
Monthly
Continual Weeding (all shrub/
planter beds, banks, and ALL other
areas including hardscape, sidewalks
and expansion joints not defined as
slopes) Weekly
Raking beds; removal of leaves,
pine needles, etc. Weekly
Shrub/planter bed edging Semi-monthly
Sweeping/Blowing Walks (after
SP -16
17.e
Packet Pg. 419 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
mowing and edging) Weekly
Washing walks/Median Hardscape Monthly
Concrete Drainage channels cleaned As needed
Spraying pre -emergent Quarterly
Spraying for weeds As needed
Turf mowing Weekly
Turf edging Weekly
Turf trimming * Weekly
Turf aeri$cation Annually (before July 15 or as directed by Inspector)
Turf renovation ** Annually (before October 15 or as directed by Inspector)
Overseeding Annually (before October 15 or as directed by Inspector)
Pest control on trees As needed
Leach Irrigation * * *
min. 12" of water) 4 Times Annually
With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other miscellaneous
items as designated by the Inspector.
Lawn renovation shall include the following:
i. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Dates, location and necessity to be determined by the City. The City of San Bernardino shall be
responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and leaching
dates.
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in the future
within those areas which are presently unimproved, if any, will be negotiated with the Contractor at the time
SP -17
17.e
Packet Pg. 420 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
of City's acceptance of said improvements. However, the cost ofmaintenance shall not exceed the unit price
awarded under this contract. (i.e. same cost for irrigation components as awarded in this contract; turf and/or
ground cover shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to maintain
the landscaping in a healthy and attractive condition and the irrigation system in a fully operational manner,
shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the
contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded facilities,
landscaped areas, irrigation systems or shrubs and trees maybe disturbed or eliminated by this construction.
The Contractor shall provide maintenance up to the construction area and insure proper irrigation at all
times. Replacement of landscape and irrigation disturbed by the construction will be by others. Upon
restoration, the Contractor shall again be responsible for maintenance. Areas eliminated by construction of
hardscape shall be deducted from the gross area under the same provisions as provided above for FUTURE
WORK.
7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or modified
within the maintenance area shall be negotiated with the Contractor under the same provisions as provided
above for FUTURE WORK.
SP -18
17.e
Packet Pg. 421 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and Safety"
of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall conform to the
Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area
Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless approved
otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic control
devices necessary to expedite passage of public traffic through the work area shall be considered as included
in the prices paid for the various contract items of work involved and no additional compensation will be
allowed therefore.
The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and
when maintenance operations are not actively in progress on working days.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall
make his own arrangements relative to keeping the working area clear of parked vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic
will be better served and work expedited. Said modifications or alterations shall not be adopted until
approved in writing by the Engineer.
8-B COOPERATION ANIS COLLATERAL WORK -- Attention is directed to Section 7.7,
Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area. Certain
utility facilities in various locations within the project limits may be removed, relocated, abandoned, or
installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations. However,
the Contractor shall exercise due care to ensure that. these utility facilities are not damaged during his
operations.
The utility locations shown on the original landscaping plans are correct to the best of our knowledge.
When in doubt, the Contractor shall contact the utility concerned before proceeding further.
SP -19
17.e
Packet Pg. 422 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Full compensation for conforming to the requirements of this Section, not otherwise provided for, shall be
considered as included in the lump sum prices paid for the work involved and no additional compensation
will be allowed therefore.
8-C -- REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or otherwise, found
within the landscaped areas from time to time shall be considered as trash and debris and shall be removed
by the Contractor as directed by the Inspector.
Full compensation for removal of such items shall be considered as included in the prices paid for the
various contract items of work involved and no additional compensation will be allowed therefore.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the provisions in
Section 7-8.1, "Cleanup and Dust Control' of the Standard Specifications.
SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs, maintenance and supply all needed materials, and
perform the work as necessary in accordance with the following:
9-11 The Inspector shall be immediately notified, of any damage suspected to be caused by accident,
vandalism, theft, or Act of God. Immediate notification of any such damage, prior to start of work within the
area, will serve to indicate the Contractor's belief that it was caused by factors beyond his control. The City
shall review the damage and/or request information from the Contractor in order to establish the true cause
of damage and determine responsibility for repair. The Contractor shall not be responsible for vandalism,
theft, Acts of God or accidents involving landscape and irrigation not related to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following sprinkler
system components as needed, for no additional cost, under normal wear conditions as determined by the
Inspector:
Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
SP -20
17.e
Packet Pg. 423 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi -outlet emission device, tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system components
due to his own negligence, including removal of anti theft devices.
9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism, theft
or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not covered
by an item of Supplemental Work, shall be paid for as Extra Work, in accordance with Section b -A,
EXTRA WORK," of these Special Provisions.
Any replacement must conform to the type and kind of existing system, unless the use of anti -theft or
anti -vandalism devices have been authorized by the Inspector. Any other deviation must be approved in
writing by the Inspector.
9-F Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable;
however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the
Contractor of his responsibility. In the event of a failure of any irrigation component that would prevent
proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until the repair
and/or replacement is accomplished.
9-G In those areas where an automatic sprinkler system is installed, the Contractor shall inspect weekly, or
more often if climatic conditions requires, for any damage to the system and for the operation of the system
for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to guarantee
proper coverage and full working capacity, and make whatever adjustments which may be necessary to
prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated. The periodic
inspection may occur more often, but not less frequently, than one inspection each week, in operation,
with the Inspector. Care shall be exercised to prevent a waste of water or erosion. Irrigation shall be
accomplished as follows:
9-G-1 Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color
and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually hot/dry
weather conditions (as are present during winter Santa Ana conditions, or other times of less humidity or
high winds, or during a prolonged high temperature period during the summer months).
9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion.
9-G3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a manner as
to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of shrub types,
seasons and weather conditions.
9-G-4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these
plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or
SP -21
17.e
Packet Pg. 424 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
basins where needed shall be maintained during the establishment period.
9-11 The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for
proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate
irrigation. Such repairs will be made by the Contractor with same type/brand head, or approved equal by the
Inspector.
9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly basis.
This will include laterals, mainlines, control valves,, control wire, timer/controller and any other items in the
system. If any of the items mentioned in this paragraph are found to be defective or in need of repair
during the weekly inspections, said items shall be repaired immediately. All materials or parts shall be
the same brand or approved equal. Contractor shall noti; the Ci- Ins.: ector immediatel, before makin..
an such re airs b callin : 384-5111 durin_ workin hours.
94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the Inspector.
New sprinkler heads shall be the same type, size and brand as the one to be replaced, except for anti -theft or
anti -vandalism devices as approved by the Inspector.
The unit price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and at
the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. Anew
timer/controller shall be of the same model and manufacturer as the one to be replaced unless otherwise
approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in which case the
hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be subject to Extra
Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK" shall be at the
hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus material costs.
SP -22
17.e
Packet Pg. 425 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as required to
maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no
projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain plant
growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with their
normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the
Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and Shrub Care" and
Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction plans and
said Special Provisions on file in the office of the City Engineer of the City of San Bernardino, and/or with
the landscaping construction plans for the various subdivisions which are included within this project, or as
otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5 gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work involved in
removing and planting shrubs and ground cover and at the price indicated in the "SUPPLEMENTAL ITEMS
OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
SP -23
17.e
Packet Pg. 426 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special Provisions.
11-B — Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished
quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall be
approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi -wall paper bags, polyethylene lined for moisture resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy growth
as determined by the Inspector or based on the results of the soil testing and at the times specified below (or
as otherwise directed by Inspector):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain optimum
spread. Notithe Inspector 2-3 dgys before application and submit bay ta.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and smaller)
within the designated work area shall be accomplished two (2) times per year with a commercial grade
fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall be approved by the
Inspector.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material.
Fertilizer shall be applied at the times specified below:
October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer
material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
SP -24
17.e
Packet Pg. 427 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 12
LAWN/TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be
maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power -propelled reel -type or
rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner as to
prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A MULCH -
MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers are to
provide a uniform, level cut no higher than three (3) inches, or as otherwise instructed by the Inspector, but
no more than 25% of existing growth to be removed in any one mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor may
request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a
schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days prior
to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care should be
taken during the renovation process to assure a neat and clean appearance to turf areas after the renovation
process has taken place.
12-F Ovcrseeding shall be done on an annual basis following the fall renovation and prior to October 15th
of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's approval.
Steps must be taken during the renovation process to ensure seed to ground contact. Failure to realize a
minimum of 75% germination will require reseeding by the Contractor at no extra cost to the City.
12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use where turf is
suffering from compaction, aerification maybe necessary at more frequent intervals at no additional cost to
the City. The frequency intervals shall be as required to promote healthy vigorous growth as determined by
the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days prior
to beginning work.
12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by use
of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event of the
mulch -mowing as provided under Section 12-5, all clippings must be adequately fine-cut and spread as to
achieve a neat appearance.
SP -25
17.e
Packet Pg. 428 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences, in
excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's negligence
or failure to perform scheduled maintenance, shall be classified as supplemental items of work.
12-3 Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf
removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing and placing sod
and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -2b
17.e
Packet Pg. 429 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 13
SLOPE/BANK/DRAIN MAINTENANCE
13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material located on
the slope shall be maintained as stated in these Special Provisions. All debris and trash is to be removed
weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS" IF ANY ARE DELINEATED ON SAID
PLAN(S).
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be maintained
as stated in these Special Provisions.
13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely
cleaned as needed.
SP -27
17.e
Packet Pg. 430 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians,
undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per
manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be
maintained as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground cover
beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any undesirable or
misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical methods. The
Inspector may restrict the use of chemical weed control in certain areas. Complete removal of all weed
growth shall be accomplished within each seven (7) days. This section includes all undesirable growth
adjacent to curbs, gutters, and sidewalks.
SECTION 15
TREES
15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner as to
promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a part of this
contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said program is the
selective and natural approach to pruning of all trees on site and includes pest and disease control and
removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of the Inspector
any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in some manner, a safety
hazard. Contractor shall notify the Infector 48 hours -rior to an , runin. .
15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the existing
tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting. Amendments
to include compost, nitrogen wood product and fertilizer suitable for sustained tree growth. Plant pit shall be
2 1/2 times the diameter and same depth as the root ball.
15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list provided by
the City of the type and location of trees to be replaced or as determined by the Inspector.
15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by the
contractor, shall be classified as supplemental items of work.
15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and disease
control, shall be at Contractor's expense.
15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to the
stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action taken to
ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as directed by the
SP -28
17.e
Packet Pg. 431 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic bid price for tree
maintenance.
15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section.
The unit price paid for replacing trees shall include full payment for all work involved in furnishing and
planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -29
17.e
Packet Pg. 432 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CONTRACT
AGREEMENT
SP -30
17.e
Packet Pg. 433 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this day of .20
between the City of San Bernardino, (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, Contractor
agrees with the City, at his own proper cost and expense to furnish any and all required labor, materials, and
transportation as set forth in the Special Provisions to be furnished by City, necessary to complete in good
workmanlike and substantial manner the
MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 974) -THE SOUTH SIDE OF RIALTO AVENUE GENERALLY BETWEEN PEPPER AVENUE AND
EUCALYPTUS AVENUE; AND
SCHEDULE 2, AD 975) -MILL STREET WEST OF PEPPER AVENUE, PEPPER AVENUE NORTH AND SOUTH OF
MILL STREET AND EUCALYPTUS AVENUE NORTH AND SOUTH OF MILL STREET; AND
SCHEDULE 3, AD 981) -THE EAST SIDE OF MERIDIAN AVENUE BETWEEN RANDALL AVENUE AND MILL
STREET, THE NORTH SIDE OF RANDALL AVENUE EAST OF MERIDIAN AVENUE AND THE DRAINAGE AREA ON
THE NORTH SIDE OF PLEASANT WAY, EAST OF MERIDIAN; AND
SCHEDULE 4, AD 986) -THE SOUTH SIDE OF RIALTO AVENUE EAST AND WEST OF MACY STREET AND THE
RETENTION BASIN AT MACY STREET AND WALNUT AVENUE; AND
SCHEDULE 5, AD 989) -THE SOUTH SIDE OF MILL STREET BETWEEN MACY AND THE RAILROAD RIGHT OF
WAY; AND
SCHEDULE 6, AD 1001) EDISON EASEMENT AREA ON THE SOUTH SIDE OF BIRCH STREET, WEST OF
PENNSYLVANIA AVENUE AND LOT "A" OF TRACT NO. 14118; AND
SCHEDULE 7, AD 1007) -THE EAST SIDE OF PEPPER AVENUE AND WEST SIDE OF MERIDIAN AVENUE NORTH
OF RANDALL AVENUE; AND
SCHEDULE 8, AD 1012) POPLAR STREET, MILL STREET AND BURNEY STREET AND WITHIN CERTAIN
LANDSCAPE EASEMENTS ALONG LOTS 8 THROUGH 16, ALL WITHIN TRACT NO. 15093; AND
SCHEDULE 9, AD 1020) -THE SOUTH SIDE IF MILL STREET AT DALLAS AVENUE; AND
SCHEDULE 10, AD 1050) - THE WEST SIDE OF PEPPER AVENUE, THE SOUTH SIDE OF RIALTO AVENUE WEST
OF PEPPER AVENUE, AND THE NORTHERLY SIDE OF PAJA DRIVE, REFERENCED AS "B" COURT ON THE MAP
OF SAID TENTATIVE TRACT NO. 17076; AND
SCHEDULE 11, (ADDITIVE NO. 1) AD 1048) - THE NORTH SIDE OF RANDALL AVENUE AND THE WEST SIDE OF
EUCALYPTUS WITHIN TRACT NO. 17273,
SP -31
17.e
Packet Pg. 434 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
in accordance with (2017-18) Special Provisions No. 6998 (Schedule 1, AD 974), 7118A (Schedule 2, AD
975), 7316 (Schedule 3, AD 981), 7645 (Schedule 4, AD 986), 7781 (Schedule 5, AD 989), 8171A
Schedule 6, AD 1001), 8754A (Schedule 7, AD 1007), 9015 (Schedule 8, AD 1012), 9704 (Schedule 9,
AD 1020),12051A (Schedule 10, AD 1050) and 11762A (Schedule I1 (Additive No. 1), AD 1048) on file
in the office of the City Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard
Specifications for Public Works/ Construction, current edition, on file in the office of the City Engineer, and
the "Landscape Cost Estimating" by Colton, current edition, on file in the office of the Director of Public
Works, which said Plans, Special Provisions, Standard Specifications, and Landscape Cost Estimating are
hereby especially referred to and by such reference made a part hereof.
2. 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.
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 ofpersons on account ofrace, color, creed, religion, sex, marital status,
national origin, 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 of practices of discrimination or
segregation with reference to the selection of subcontractors, vendees, or employees in the performance of
this contract.
3. 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 as set forth in the successful bid, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves,
their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the
covenants herein contained.
4. 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 or proposal of said Contractor, then this instrument shall
control and nothing herein shall be considered as an acceptance of the said terns of said proposal conflicting
herewith.
5. Notices. All notices herein required shall be in writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
SP -32
17.e
Packet Pg. 435 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CITY
Director of Public Works
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
CONTRACTOR
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year
and the date first above written.
CONTRACTOR
Name of Firm:
Im
TITLE:
MAILING ADDRESS:
CITY OF SAN BERNARDINO
AN JXtA M. M1LLhit, laity Manager
City of San Bernardino
ATTEST:
GEORGEANN HANNA,
City Clerk
PHONE NO: I ] Approved as to Form:
GARY D. SAENZ, City Attorney
SP -33
17.e
Packet Pg. 436 Attachment: Attachment 5 - Resolution No. 2018-082 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-83
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO WILLOWBROOK
LANDSCAPE, INC. FOR THE MAINTENANCE OF LANDSCAPING IN
ASSESSMENT DISTRICT NOS. 1022 ZONE 1, 1022 ZONE 2, 1022 ZONE 3, 1063
ADDITIVE NO. 1), AND 1068 (ADDITIVE NO. 2) KNOWN AS AREA "J" IN THE
AMOUNT OF $69,635.00 WITH TWO OPTIONAL ONE-YEAR EXTENSIONS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Willowbrook Landscape Inc. is the lowest responsible bidder for Area
J": Maintenance of Landscaping in Assessment District Nos. 1022 Zone 1, 1022 Zone 2,
1022 Zone 3, 1063 (Additive No. 1) And 1068 (Additive No. 2), per Plan Nos. 11748,
12274A and 12792A. A contract, attached hereto as Exhibit "A" and incorporated herein by
reference, is awarded accordingly to said bidder in a total amount of69$ ,635.00 for the initial
term beginning on April 1, 2018, through June 30, 2019. All other bids for Area "J",
therefore, are hereby rejected.
SECTION 2. The City Manager is hereby authorized to execute the contract with
Willowbrook Landscape Inc., attached hereto as Exhibit "A".
SECTION 3. This contract may be extended by two additional one (1) year terms as
set forth in said contract.
SECTION 4. The above authorization is rescinded if the parties to the contract fail to
file a fully executed copy of said contract with the City Clerk within sixty (60) days of the
passage of this Resolution.
1
17.f
Packet Pg. 437 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO WILLOWBROOK
LANDSCAPE, INC. FOR THE MAINTENANCE OF LANDSCAPING IN
ASSESSMENT DISTRICT NOS. 1022 ZONE 1, 1022 ZONE 2, 1022 ZONE 3, 1063
ADDITIVE NO. 1), AND 1068 (ADDITIVE NO. 2) KNOWN AS AREA "J" IN THE
AMOUNT OF $69,635.00 WITH TWO OPTIONAL ONE-YEAR EXTENSIONS
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
21St day of March 2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS X
VALDIVIA
SHORETT
NICKEL
RICHARD x
MULVIHILL y
NAYS ABSTAIN ABSENT
2- ve_
Georgeann f4mia, CMC, 6ity Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
d
R. Carey Dai' , Mayor
City of San ernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
17.f
Packet Pg. 438 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
b. 14.40A J
ACCT. NO: 254 -150 -<Project No.>*5506:
AD 1022 Zone 1 -PROJECT NO.: 6035
AD 1022 Zone 2 -PROJECT NO.: 6043
AD 1022 Zone 3 -PROJECT NO.: 6044
r AD 1063 (ADDITIVE NO. I) -PROJECT NO.: 6059
AD 1068 (ADDITIVE NO.2)-PROJECT NO.: 6070
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
FOR
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF ASSESSMENT DISTRICT NOS.: 1022 ZONE 1,1022 ZONE 2,1022 ZONE 3,
1063 (ADDITIVE NO. 1) AND 1068 (ADDITIVE NO. 2)
AREA "J")
2017-18) PLAN AND SPECIAL PROVISIONS NOS.
11748
4v/
SCHEDULE 1, AD 1022 Zone 1)
11748 SCHEDULE 2, AD 1022 Zone 2)
11748 SCHEDULE 3, AD 1022 Zone 3)
12274A SCHEDULE 4, (ADDITIVE NO. 1) AD 1063),
12792A SCHEDULE 5, (ADDITIVE NO. 2) AD 1068),
Cit/1t_
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
DECEMBER 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON JANUARY 30,201
17.f
Packet Pg. 439 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
FILE NO. 14.40A -J
ACCT. NO: 254 -150 -<Project No.>*5506:
AD 1022 Zone 1 -PROJECT NO.: 6035
AD 1022 Zone 2 -PROJECT NO.: 6043
AD 1022 Zone 3 -PROJECT NO.: 6044
AD 1063 (ADDITIVE NO. I) -PROJECT NO.: 6059
AD 1068 (ADDITIVE NO. 2) -PROJECT NO.: 6070
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT NOS.: 1022 ZONE 1,1022 ZONE 2,1022 ZONE 39
1063 (ADDITIVE NO. 1) AND 1068 (ADDITIVE NO. 2)
AREA "J")
CONTRACT DOCUMENTS
2017-18) PLAN AND SPECIAL PROVISIONS NOS.
11748 SCHEDULE 1, AD 1022 Zone 1)
11748 SCHEDULE 2, AD 1022 Zone 2)
11748 SCHEDULE 3, AD 1022 Zone 3)
12274A SCHEDULE 4, (ADDITIVE NO. 1) AD 1063)
12792A SCHEDULE 5, (ADDITIVE NO. 2) AD 1068)
FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 1022 ZONE 1) — TIPPECANOE AVENUE, BETWEEN 3RD STREET AND HARRY SHEPPARD
BOULEVARD, DEL ROSA DRIVE, BETWEEN 3RD STREET AND HARRY SHEPPARD BOULEVARD; AND
SCHEDULE 2, AD 1022 ZONE 2) — TIPPECANOE AVENUE, BETWEEN HARRY SHEPPARD BOULEVARD AND
MILL STREET; MILL STREET WEST OF TIPPECANOE; TIMBER CREEK, BETWEEN TIPPECANOE AVENUE AND
LENA ROAD; AND
SCHEDULE 3, AD 1022 ZONE 3) — MILL STREET, WEST OF TIPPECANOE AVENUE; AND
SCHEDULE 4, (ADDITIVE NO. 1) AD 1063) —LENA ROAD, SOUTH OF CENTRAL AVENUE; CENTRAL AVENUE
BETWEEN LENA ROAD AND CLEVENGER ROAD; CLEVENGER ROAD BETWEEN CENTRAL AVENUE AND
NORMAN ROAD; NORMAN ROAD, WEST OF CLEVENGER ROAD; AND
SCHEDULE 5, ADDITIVE NO. 2) AD 1068) — CENTRAL AVENUE, BETWEEN MOUNTAIN VIEW AVENUE AND
TIPPECANOE AVENUE; TIPPECANOE AVENUE, SOUTH OF CENTRAL AVENUE.
17.f
Packet Pg. 440 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
December 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON
Januar- 30,201
INDEX
BID DOCUMENTS
A. Notice Inviting Bids
B. Proposal Form
C. Bid Schedule
D. Designation of Sub -Contractors
E. Worker's Compensation Certification
F. Non -Collusion Affidavit
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - Payments/General
SECTION 7 - Description of Work
SECTION 8 - Technical Specifications
SECTION 9 - Irrigation/System
SECTION 10 - Shrubs and Ground Cover Plants
SECTION 11 - Fertilizer and Pest Control Agents
SECTION 12 - Lawn/Turf
SECTION 13 - Slope/Bank/Drain Maintenance
SECTION 14 - Weed Control
SECTION 15 - Trees
CONTRACT AGREEMENT
17.f
Packet Pg. 441 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAR'S I
ADMINIIS" rf --ON
17.f
Packet Pg. 442 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Engineer's Estimate:
RANGE: $ 50.000 to 60 000
NOTICE INVITING SEALED BIDS
AREA "J":
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 1022 ZONE 1) — TIPPECANOE AVENUE, BETWEEN 3R' STREET AND
HARRY SHEPPARD BOULEVARD, DEL ROSA DRIVE, BETWEEN 3RD STREET AND HARRY
SHEPPARD BOULEVARD; AND
SCHEDULE 2, AD 1022 ZONE 2) — TIPPECANOE AVENUE, BETWEEN HARRY SHEPPARD
BOULEVARD AND MILL STREET; MILL STREET WEST OF TIPPECANOE; TIMBER CREEK,
BETWEEN TIPPECANOE AVENUE AND LENA ROAD; AND
SCHEDULE 3, AD 1022 ZONE 3) — MILL STREET, WEST OF TIPPECANOE AVENUE; AND
SCHEDULE 49, (ADDITIVE NO. 1) AD 1063) —LENA ROAD, SOUTH OF CENTRAL AVENUE;
CENTRAL AVENUE BETWEEN LENA ROAD AND CLEVENGER ROAD; CLEVENGER ROAD
BETWEEN CENTRAL AVENUE AND NORMAN ROAD; NORMAN ROAD, WEST OF
CLEVENGER ROAD; AND
SCHEDULE 5, ADDITIVE NO. 2) AD 1068) — CENTRAL AVENUE, BETWEEN MOUNTAIN
VIEW AVENUE AND TIPPECANOE AVENUE; TIPPECANOE AVENUE, SOUTH OF CENTRAL
AVENUE,
in accordance with (2017-18) Special Provisions No. 11748 (Schedule 1, AD 1022 Zone 1), 11748
Schedule 2, AD 1022 Zone 2), 11748 (Schedule 3, AD 1022 Zone 3), 12274A (Schedule 4, (Additive
No. 1) AD 1063), and 12792A (Schedule S, (Additive No. 2) AD 1068), on file in the office of the City
Engineer, 3rd Floor, San Bernardino City Hall.
Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 201 North "E" Street, San
Bernardino, California, with the specification title and number and "SEALED BID" clearly marked on
the outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 P.M. on Tuesda.'-.Januar, . 30 .2018 at
which time all of said bids or proposals will be publicly opened, examined and declared in the City
Engineer's Conference Room.
No bid will be received unless it is made on a proposal form furnished by the City. All bids or proposals
shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made
payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check
or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him, In
the event the bidder refuses to execute said contract, the use by the public of the improvements will be
delayed, and the public will suffer great damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the
above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and
17.f
Packet Pg. 443 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
not as a forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety
company having a rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No.
90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by
references as fully as though set forth at length herein, have ascertained and determined the general
prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each
craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and
Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.diur.ca.gov/dirdatabases.htnd
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of industrial Relations are also referenced
and made a part thereof.
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance
under the contract as provided for in Section 22300 of the California Government Code and Section
10263 of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any
Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and
mechanics employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, national origin, sex, age, or marital status as set
forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San
Bernardino.
The term of the contract will continue from April 1. 2018 to the termination date of June 30. 2019,
renewable for up to a maximum of two (2) additional one year periods by mutual agreement between the
Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each
such renewal.
A Mandatory Pre -Bid meeting will be held on Tuesday. January 23. 2018, at 2:00 P.M., at the office
of the City Engineer, City Hall, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. This
meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of
subcontracting and material supply opportunities and to make the prime contractor aware of the City's
outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting
is mandatory. Attendance and/or certification may be used as part of the good faith effort.
There will also be a non -mandatory pre-bid field review, following the pre-bid meeting. Due to the
large number of Assessments Districts, the field review may be continued the following day, at 9:00 am,
commencing at the office of the City Engineer, Second Floor, 201 North "E" Street, San Bernardino, CA
92401.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations
from contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY
reserves the right to take all bids under advisement for a period of 90 calendar days.
17.f
Packet Pg. 444 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non-responsible" bidder for a period of three years following the date of termination and will not be
allowed to submit a bid for any other assessment district landscape maintenance contract during that
period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
Contractor must submit along with bid, copies of the California Agricultural Pest Control Certificate,
for the person(s) or firm performing the work), and copies of certificates for chemical applications from
the County of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at: www.ci.san-bcrnardino.ca.us/serviceL/-r-egu—est far bids/ public_ works/default.asr+.
Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon
request, a CD of the Plans and Special Provisions may be mailed for an additional fee of $10.
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the
scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN
HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for
this Project.
The Contractor shall possess a Class C-27 License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work
and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive
and healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
Specific questions regarding this project should be submitted in writing to the City Engineer's Office as
follows:
City of San Bernardino
C/O Public Works / City Engineer
290 North "D" Street
San Bernardino, CA 92401
Attention: Ryan Aschenbrenner
Tel: (909) 384-5126/5140
E-mail: accherlbrenner ryfa,sbcit%,.or:.
Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be
communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted
after the bid opening, will not be treated as a bid protest.
17.f
Packet Pg. 445 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Written responses will only be provided to written questions. No written response will be provided
to verbal questions.
CITY OF SAN BERNARDINO
City Clerk
NOTICE TO ADVERTISE
SPECIFICATION NO. 11748, 12274A & 12792A
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE: Januar-. 3, 2018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE
17.f
Packet Pg. 446 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work and read the
accompanying instructions to bidders and the entire contract documents and hereby proposes to furnish
any and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 1022 ZONE 1) — TIPPECANOE AVENUE, BETWEEN San STREET AND
HARRY SHEPPARD BOULEVARD, DEL ROSA DRIVE, BETWEEN 3RD STREET AND HARRY
SHEPPARD BOULEVARD; AND
SCHEDULE 2, AD 1022 ZONE 2) — TIPPECANOE AVENUE, BETWEEN HARRY SHEPPARD
BOULEVARD AND MILL STREET; MILL STREET WEST OF TIPPECANOE; TIMBER CREEK,
BETWEEN TIPPECANOE AVENUE AND LENA ROAD; AND
SCHEDULE 3, AD 1022 ZONE 3) — MILL STREET, WEST OF TIPPECANOE AVENUE; AND
SCHEDULE 4, (ADDITIVE NO. 1) AD 1063) —LENA ROAD, SOUTH OF CENTRAL AVENUE;
CENTRAL AVENUE BETWEEN LENA ROAD AND CLEVENGER ROAD; CLEVENGER ROAD
BETWEEN CENTRAL AVENUE AND NORMAN ROAD; NORMAN ROAD, WEST OF
CLEVENGER ROAD; AND
SCHEDULE 5, ADDITIVE NO. 2) AD 1068) — CENTRAL AVENUE, BETWEEN MOUNTAIN
VIEW AVENUE AND TIPPECANOE AVENUE; TIPPECANOE AVENUE, SOUTH OF CENTRAL
AVENUE.
in accordance with (2017-18) Special Provisions No. 11748 (Schedule 1, AD 1022 Zone 1), 11748
Schedule 2, AD 1022 Zone 2), 11748 (Schedule 3, AD 1022 Zone 3), 12274A (Schedule 4, (Additive
No. 1) AD 1063), and 12792A (Schedule 5, (Additive No. 2) AD 1068), on file in the office of the City
Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard Specifications for
Public Works Construction, current edition, as amended by the Special Provisions and "Landscape Cost
Estimating" by Colton, current edition. Undersigned proposes and agrees if this proposal is accepted,
that he will contract with the City of San Bernardino, in the form of the copy of the contract annexed
hereto, to provide all necessary machinery, tools, apparatus and other means of maintenance, and to do
all the work and furnish all the materials specified in the contract, in the manner and time therein
prescribed, and that he will take in full payment therefore the following unit prices or lump sum prices,
to -wit:
17.f
Packet Pg. 447 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 1 ACCOUNT NUMBER 254-150-6035*5506
BID SCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 1: ASSESSMENT DISTRICT NO. 1022 ZONE 1 — SBIAA AREA
BASIC BID
TOTAL
I UNIT ANNUAL
ITEM QTY. UATT DESCRIPTION OF ITEMS PRICE PRICE
1 1 L.S. Maintenance of lawns/turf
45,740 sq.ft. f) hardscape and irrigation system 320.00 3,840.00
at the lump, sum Price of.: L.S.
2 1 L.S. Maintenance of plants, shrubs,
2,500 sq.ft. groundcover and irrigation 10.00 120.00
system at the lump_.sum.price of L.S.
Maintenance of trees and
3 1 L.S. irrigation system at the lump L.S. i $
sum ! rice of: 20.00 240.00
TOTAL BASIC BIDC___ SCHEDULE 1) A)
4,200.00
17.f
Packet Pg. 448 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 2 ACCOUNT NUMBER 254-150-6035*5506
BID SCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 1: ASSESSMENT D15TRICT NO. 1022 ZONE l — SBL4-A AREA
SUPPLEMENTAL 1TEMS OF WORK
TOTAL
PRICE
UNIT ` (Quantity X
ITE31 C QTY. UNIT DESCRIPTION OF ITEMS _ PRICE Unit Price)
1 30 i_ EACH Replacement of Trees (15per each _$ 75.00 $ 2,250.00
j2200SF.T. 'Replacement of Turf per sg.$ $ .80 $ 160.00
10EACH :Rei+lacement of Shrubs is l -}al.) : er. each $ 8.00 $ 80.00
4 10 ! EACH i Replacement of Shrubs (5 gal.)per each $ 1s.o0 _!_$160.00
5 25_ 1 FLAT placement of Ground Cover per flat $ 14.00 1 $ 350.00
35 _ EACH Replacement of Sprinkler Heads: Pop-up --
1 type, under 12", including necessary pipe,
1 fittin s etc.per each $ 10.00 1$350.00
1 7 ' 35 i EACH ( Replacement of Sprinkler Heads: Pop-up
type, 12" or over, including necessary
i fittin s eta er each $ 16.00 560.000_ _
10 EACH Replacement of Sprinkler Heads : Rotor
i type, under 12" including necessary pipe,
fittings, etc., per each $ 16.00 ' $160.00
9 10 _ EACH ! Replacement of Sprinkler Heads; Rotor
type, 12" or over, including necessary
i pipe, fittings, etc., pez each $ 22.00 $ 220.00
10~ 5 EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe, i
Fittings, etc.,
per each $ 8.00 t $4.0_.00
11V
48 r HOURS Cost of labor for irrigation system repair
l
t
I for EXTRA_ WORK per hour $ 25.00 -, $ 1,200.00
TOTAL SUPPLEMENTALITEMSOFWORKiSCHEDULE1) (
B)$
5,530,00
TOTAL HIED:
LBASIC BID + SUPPLEMENTAL (A+B) $
ITEMS OF E (SCHEDULE 1) 1 9, 730.00
17.f
Packet Pg. 449 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 3 ACCOUNT NUMBER 254-150-
6043*5506
BIDSCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 2: ASSESSMENT DISTRICT NO. 1022 ZONE 2 — SBIAA AREA
BASIC BID
TOTAL
i UNIT ANNUAL
ITEM QTY. U1V17 DESCRIPTION OF ITEMS PRICE PRICE
Maintenance of lawns/turf, If (35,136 sq.ft. ) hardscape and irrigation system 245.00 2,940.00
at the lum- sumvrice of : L.S.
Maintenance of trees and
2 1 L.S. irrigation system at the lump L.S.
25.00_ i sum rice of: 300.00
TOTAL BASIC BID
t`)
T
SCHEDULE 2) 3,240.00
17.f
Packet Pg. 450 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 4 ACCOUNT NUMBER 254-150-
6043*5506
BID SCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 2: ASSESSMENT DISTRICT NO. 1022 ZONE 2 — SBIAA AREA
SUPPLEMENTAL ITEMS OF WORK
ITEM QTY UNIT DESCRIPTION OF ITEMS
310 'reach1EACHReplacementofTrees(15L peral.1
q.ft200sg.Fr. Rei-jacement of TurfpF
X10 H Rgilacement of Shrubs (1 sal.) per each
j 10 t EACH Replacement of Shrubs .er each
3
4
5 35 EACH Replacement of Sprinkler Heads: Pop-up
type, under 12", including necessary pipe,
6 35
7 10
V-A'7T
PRICE
75.0-0
TOTAL 7
PRICE
Quantity x
Unit Price)
2,250.60
so 1 $160.00
8.Oo
16.C.)O
fittings, etc., er each$10.00
EACH Replacement of Sprinklerife.'Pop-up
type, 1211 or over, including necessary
80.00
160.00
350.00
Mfittipgs, etc., )er eac $ 16.00 i $560.00 I
EACH Replacement of Sprin1der Heads : Rotor
type, under 12" including necessary pipe, 1
16.00
EACH Replacement of Sprinkler Heads : Rotor
type, 12" or over, including necessary
1, ..pipe, fittings,. e .$22.00. $ 220.00
5 EACH (..Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe,
fittings, etc.,
pq each 8.00 '$40.00
10 48 HOURS a Cost of labor for irrigation system repair 1' 1
for EXTRA WORK, per,hour.. . ..... 1125.00 1$1,200-00
TOTAL SUPPLEMENTAL (
B) $
F WORK (SCHEDULE 2) 1ITEMS05, 80.00
TOTAL BID
BASIC BED + SUPPLEMENTAL (A+B)
ITEMS OF WORK (SCHEDULE 2 8,42().00 j
17.f
Packet Pg. 451 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 5
ITEM
1
i
2
s
ACCOUNT NUMBER 254-150-6044*5506
BED SCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 3: ASSESSMENT DISTRICT NO. 1022 ZONE 3 — SBIAA AREA
BAS_ E,. C Bm
TOTAL
TWIT AIVIVUAL
QTE U MT DESCRIPTION OF HEMS PRICE PRICE
1 L.S. Maintenance of plants, shrubs,
3,000 sq.#i. f) groundcover hardscape and
irrigation system, at the lump 40.00 480.00
sum rice of: _ L.S. , $
Maintenance of trees and
1 L.S. j irrigation system at the lump ; L.S. j $ j
sum rice _ of:....._ .............._.......... .. 1 10.00 I .120.00
TOTAL BASIC BID
SCHEDULE 3) (
A) $
600.00
17.f
Packet Pg. 452 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 6 ACCOUNT NUMBER 254-150-6044`5506
BID SCHEDULE
PLAN NO. 11748 (2017-18)
SCHEDULE 3: ASSESSMENT DISTRICT NO. 1022 ZONE 3 – SBIAA AREA
ITEM QTY. UNIT
SUPPLEMENTAL ITEMS OF WORN
DESCRIPTIONT OF ITEMS
UNIT
PRICE
1 30 EACH Replacementacement of Trees (15 gall per each _ $ 75.00
210 EACH Replacement of Shrubs (1 gal.),per each $ 8.00_ _
3 -10 EACH placement of Shrubs (5 kPal.. er each $ is.00
4 25 1 FLAT Replacement of Ground Cover per flat $ 14.00
TOTAL
5 35 I EACH Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
fid, etc., per each 10.00
6 35 EACH Replacement of Sprinkler Heads : Pop-up Itype, 12" or over, including necessary
F
i ez fithns, etc ,mer each 11 16.00
Sprinkler Heads Rotor7 ! 10 EACH Replacement of :
type, under 12" including necessary pipe,
ifitttngs, etc.., per each $ 16.0_0
8 10 EACH j Replacement of Sprinkler Heads : Rotor
j type, 12" or over, including necessary
pile, 22.00
55
i EACH I .Replacement of Sprinkler Heads:
1. Shrubbery type, including necessary pipe,
fittings, etc.,
R er each _ '.S8.00
10 48 HOURS Cost of labor for irrigation system repair 1$ for EXTRA WORK per hour 25.00
TOTAL SUPPLEMENTAL 1ITEMSOFWORK (SCHEDULE 3]
TOTAL 191®
BASIC BiD + SUPPLENIENOTTAL (A+B
ITEMS OFWOE (;SCHElU4E 3)
PRICE
Quantity x
Unit Price)
2,250.00
80.00
160.00
350.00
350.00
560.00
160.00
220.00
I $
40.00
3
J. $ 1,200.00
1,L70-00
5,970.00
17.f
Packet Pg. 453 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PACE 7 ACCOUNT NUMBER 254-150-6059*5506
ADDITIVE NO.1
SID SCHEDULE
PLAN NO. 12274A (2017-1$)
SCHEDULE 4: ASSESSMENT DISTRICT NO. 1063 — CENTRAL AND LENA
BASIC W
TOTAL `
UNIT ANNUAL
ITEM QTY. UNIT DESCRIPTION OFTTEms PRICE PRICE
1 1 L.S. Maintenance of lawnslturf and
I (102,600 sq.ft. f) irrigation systern at the lump 523.00 11,076.00
sm price of:
4_
L.S.
2 1 L.S. Maintenance of plants, shrubs,
58 013 $. fs9• ) I I undcover and irrigationg
406.00 4,872A0
1
s stem,.at the lump sum rice of: L.S, $
Maintenance of trees and
L.S. irrigation system at the lump L.S. $
i
sum once of•.
T _
100.00 1,_200.00
TOTAI, BASIC BID . ` I
SCHEDULE 4) i - -- (
A) $
17,148.00
17.f
Packet Pg. 454 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 8 ACCOUNT NUMBER 254-150-6059'5506
ADDff1VE NO. 1
BID SCHEDULE
PLAN NO. 12274A (2017-18)
SCHEDULE 4: ASSESSMENT DISTRICT NO. 1063 – CENTRAL AND LENA
SUPY–EMENTAL ITEMS OF WORK
TOTAL j
PRICE
UNIT (Quandfy x
ITEM QTY. UNrr DESCRIPT70N OF ITE1lIS PRICE Unit Price)
1 30 EACH —Replacement of Trees 15 al.) er each_ $ 7s.00 $ 2,2so.00
2 200 I S FT_ I Revlacenent of ` u per s .ft : __$ as $1so.00 1
1(} EACH R eplace hent of Shrubs (1 gal. per each $ 8.00 $ 80.00
4 10 EACH Replacement of Shrubs 5 gal.) each $ 1s.00 $160.00
5 1 R25FLATIID._ of Ground Cover per flat $ 14.00 $ 350.00D __.
6 35 EACH Replacement of Sprinkler Heads : Pop-up l
i type, under 12", including necessary pipe, ,
etc., per each _ _ _ _t $ 10.00 $ 350.00
3 5 EACH Replacement of Sprinkler Heads : Pop-up
type,. 12" or over, including necessary I f
I pipe, fittings, etc., per each _ $16.00 _ j $ 560.00
10 ! EA—CH Replacement of Sprinkler Heads : Rotor – i
type, under 12" including necessary pipe, I
I fitting, etc., per each_ _ ! $ 16.00__. _ $160.00
9 10 EACH ' Replacement of Sprinkler Heads : Rotor
i type, 12" or over, including necessary 1
fittings, etcper each _ $ 2.2.00 $220.00
10 i 5 EACH . Replacement of Sprinkler Heads
1. Shrubbery type, including necessary pipe,
fittings, etc., ?
i
f _p each
W $
8.00 ' $ 40.00
11 48 1 HOURS Cost of labor for irrigation system repair
for EXTRA. WORK per hour_ j $ 25.00 _ $1,200.00
TOTAL SUPPLEMENTAL
ITEMS OF WORK .. SCHEDULE 4) . , (
B) $
5,530.00
TOTAL BID:
BASIC BED + SUPPLEMENTAL (A+B) IS
ITEMS OF WORK ; SCHEDULE 4) 22,674.00
17.f
Packet Pg. 455 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 9 ACCOUNT NUMBER. 254-150-6070*5506
ADDITIVE N0.2
BID SCHEDULE
PLAN NO. 12792A (2017-18)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 1068 — TIPPECANOE AND CENTRAL
BASIC _IV
UNIT
ITEM QTY. UNIT DESCRIPTION OF ITEMSI PRICE
1 1 L.S. Maintenance of plants, shrubs,
37,981 sq.ft. f) groundeover and irrigation 266.00
s, stem, at the lump sum price of L.S.
Maintenance of trees and
2 '° 1 L.S. irrigation system at the lump L.S.
sum price of: 30.00
TOTAL BASIC BID (
A) SCHEDULE 5)
I TOTAL
AXAVAL
PRICE
3,180.00
360.00
3,540.00
17.f
Packet Pg. 456 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 10 ACCOUNT NUMBER 254-150-6070*5506
ADDITIVE NO.2
BID SCHEDULE
PLAN NO. 12792A (2017-18)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 1068 - TIPPECANOE AND CENTRAL
SUPPLEMENTAL ITEMS. OF WORD
TOTAL
PRICE
UNIT Quantity x
ITEM QTY. uN7T DESCRIPTION OF ITEMS PRICE Unit Mee)
1 30 EACH U lacement of Trees { 15 gal.) per eachi- N $ 75.00 2,250.00
2 10 EACH Re?lacement of Shrubs 1 . al. Pr each 8.00 I $ 80.00
3 EACH Re:lacement of_Shrubs 5 gal.) per each_ _ 16.00 160.0010
4 25 FLAT_ Replacement of Ground Cover Per flat 14.00 $ 350.00_
5 35 EACH Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
i I fittings, etc.,per each _ __ 10.00 350.00
6 35 EACH I Replacement of Sprinkler Heads : Pop-up
type, 12" or over, including necessary
jipe fittings, etc., per each 16.00 560.00___
10 EACH Replacement of Sprinkler Heads : Rotor
type, under 12" including necessary pipe,
i fi etc., per each _. ___. 1.6.00 i $160.00
8 ; 10 EACH Replacement of Sprinkler Heads :Rotor I'
3 type, 12" or over, including necessary
i . pipe, fittings, etc., per each _ 22.00 1$220.00
9 5
V
EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe, i
fittings, etc., Ii
b Breach o.00
10 48 HOURS i Cost of labor for irrigation system repair
f ; for.. EXTRA WORK ; : er haur .....
1.$,
25.00. 1,200.00
TOTAL SUPPLEMENTAL
B)
ITEMS OF WORK (SCHEDULES) 5,370.00
TOTAL B :
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF. WORK ,SCHEDULE 5). 8,910.00
17.f
Packet Pg. 457 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE I 1 BID SUMMARY
BID SUMMARY
ALL SCHEDULES
Indicate Total Bid for each schedule in the spaces provided and the total of all schedules.
TOTAL BID:
SCHEDULE 1- AD 1022 ZONE 1
1 TOTAL BID:
SCHEDULE 2 - AD 1022 ZONE 2
TOTAL BID:
9,730.00
6,420.00
w SCHEDULE 3 AD 1022 ZONE 3 _ _ $ 5,970.00
SUBTOTAL:
TOTAL BIDS – SCHEDULES 1 THROUGH 10 AJ) 24,120.00
1 TOTAL BID:
ADDITIVE NO. 1
SCHEDULE 4 -,AD 1063 _(B) 22,674.00
TOTAL BID:
ADDITIVE NO.2 i
SCHEDULE 5 — AD 1069 -- C) 8,910.00 !
TOTAL
SUM OF ALL SCHEDULES INCLUDING ADDITIVE NO. 1 AND $
ADDITIVE NO. 2;A+B±C) i 55,704.00
N.:.
THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE
NO. 1 (SCHEDULE 4) AND/OR ADDITIVE NO. 2 (SCHEDULE 5) ANY TIME DURING THE
TERM OF THIS CONTRACT, OR NOT TO COMMENCE ANY MAINTENANCE. IF
MAINTENANCE IS PERFORMED FOR ONLY A PORTION OF THE TERM OF THIS CONTRACT
FOR ADDITIVE NO. 1 AkD/OR ADDITIVE NO. 2, TOTAL PAYTVIENT A -MOUNT FOR BASIC
BID SHALL BE PRORATED ACCORDINGLY.
THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF
THE SUPPLEMENTAL ITEMS OF WORK (A) OR THE TOTAL OF THE TOTAL BASIC BIDS
PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF
ADDITIVE NO. 1 AND/OR ADDITIVE NO. 2. BIDDER MIDST SUBMIT BIDS FOR BOTH THE
BASIC AND SUPPLEMENTAL ITEMS OF WORD FOR ALL SCHEDULES INCLUDING
ADDITIVE NO. 1 AND ADDITIVE NO. 2.
17.f
Packet Pg. 458 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID NOTES:
1. The total price must be extended for each -item of work and the total of all items inserted in the space
provided.
2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work.
3. An estimate of the square footage involved in each Basic Bid item has been provided to assist
the Contractor but are not to be construed as actual quantities. The Contractor, by submitting
bid, has satisfied themselves of the actual character and quantity of work and the price bid will be
for the lump sum unit price.
4. An estimate of the quantities involved in each Supplemental Items of Work item has been
included for the bid comparison purposes only and no adjustment shall therefore be made in the
contract unit price for increased or decreased quantities.
17.f
Packet Pg. 459 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BIDDER'S PffORMAUON AND. SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced
on, Ac+W 1, 2US except as previously noted, and shall continue in a good and workmanlike manner for
the term of the contract.
The undersigned further agrees that in case of default in executing the con tract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall
be paid to the City of San Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF
CONTRACTORS,
LICENSE NO. _ 960570
CLASSIFICATION C27 -D:49. -
FIRM NAME: VViilowbrook Landscape Ince
BUSINESS ADDRESS: 14930 Farminaton St. Ht_speria CA 92345_
SIGNATURE OF BIDDER: _ If
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also
the names of the president, secretary, treasurer and manager thereof.
Willowbrook Landsca
Nick Alvarado President, Secretary, Treasurer
Tel .ho a No. . 760,713-5686
Dated _ 1-29 -, --.. -_3
20 18
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO. l.. DATE:
ADDENDUM NO. 2 -DATE:
ADDENDUM NO.3 DATE:
17.f
Packet Pg. 460 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Willowbrook Landscape Inc.
BIDDER'S FIRM NAME
DESIGNATION OF SUB -CONTRACTORS
In compliance with the provisions of Section 41004110 of the Public Contract Code of the State of
California, and any amendments thereof, each bidder shall set forth below the name and location of each
sub -contractor who will perform work or labor or render service to the Contractor.
Agency of
Name & Address MBEIWBE
Under Which Certification
Subcontractor and Number Sub -Contractor Sub -Contract Specific
Licensed (If Applicable) Phone No. Amount Sub -contract
17.f
Packet Pg. 461 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
WORKER'S COMPENSATION INSURANCE
CERTIFICATION
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance before commencing
any of the work.
Contractor:
NAME OF FIRM:. Willowbrook Landscaa a Inc.
BY:__Nick Alvarado
TITLE'- President _
DATE: 1-29-2018
17.f
Packet Pg. 462 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Ibis affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid)
NON -COLLUSION AFFMAVIT.
To the City of San Bernardino, State of California, Depaitment of Public Works:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
The he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection vAth such contract.
Willowbrook Landscape, Inc..
Nick Alvarado, President
Signature of Bidder
14930 Farmington St.
Hesperia, _CA 92345 . -
Business Address
14930 FarminUton St., Hesperia, CA 92345
Place dResidence
Subscribed and sworn to before me this. _._. 30th day of January, 20 18
Susan C. Monteon, Notary Public in and for the County of EGA) , C. MONTEON
Commission No. 2201347
tsoruir Pua.u OMRiverside . State of California.eswEcou rtr__
W comm. E JULY 13, Mt
My Coniftlission expires on , .. v!M.13 . _ : :... , 20 21 ,
17.f
Packet Pg. 463 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
FORM OF BID 130N1D
KNOW ALL 11+M BY THESE PRESENTS, that we, the imdaieigned,
Willowbrook Landscape Co., Inc.
Bond No.: CMGB0002230
as Principal, and
Argonaut lasurance Company as Surety, are hereby and
only boned unto the City of San Bernardi¢ro ,State of California, hereinafter referred to as "Obligee" in the penal
sum of ten percent (10% ) of the total amount of the bid of the Principal submitted to the Obligee for the work described
below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
THE CONDMON OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to eider into
a contract in writing, for the
Area J - Maintenance of Landscape & Appurtenant Facilities in portions of Assessment District Nos.:1022 ZONE 1.
1072 ZONE 2. 1079 7 -CM3 ,-1063('Add'live Nn 1)„an t 106 A Zj Additive l - ---
Copy here the eruct title description ofwork including location, as rt appears on the Bid and Contract Documents)
for which bids are to be opened on
NOW, THEREFORE,
January30, 2018
Insert date of opening)
IL If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute a contract
in the Form of contract attached hereto (properly completed in accordance with said Bid )
and shall furnish a bond for his faithful performance of said contract,
and shall in all other aspects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void, otherwise, the same shall remain in force and effort; it being expressly understood and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of chis
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Obligee may accept such Bid, and said Surety does hereby
waive notice of any such ext=don' If low, the teen of this perfam=w and payment bands is fOr 04/01A 8 to 06/30119.
optional renewal yesis will W approved by the surety company and extended at their sole discretion.
Signed, this 29th day of —January 20 18
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first mentioned.
Willowbrook Landscape Co., Inc. (SEAL)
Principal
By: a w
Signature
Nick Alvarado President_
Printed Name and Title
Argonaut Insurance Company (Sgt,)
Surety
1.
Signature
StephanieHope Shear, Attorney -In -Fact
Printed Name and Tide
NOTE: Notarization of Principal and Surety sib and Power of Attorney of the Surely shall tuoosapany this form.
17.f
Packet Pg. 464 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CMGB0002230 Argonaut Insurance Company $
0.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, II., 60606
United States Postal Service: P.O. Boz 469011, San Antonio, TX 75246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws ofthe State of
Illinois and having its principal office in the Coonty of Cook, Illinois does hereby nominate, constitute and appoint:
Their true and lawful agent(s) and attorney(s)-in-fact each in their separate capacity if more than one is named above, a make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and, all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
510.000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut
Insurance Company:
RESOLVED, That the President, Senior Vice President Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the allomey or attorneys named in the given power of attorney, to execute in behalf of and acknowledge as the act and deed ofthe
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017 , a 'RA y,r
Argonaut Insurance Company
SEAL;
by:
a,w.1 1a1'',•
a Joshua C. Betz, Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly oommissioned and qualified, came
THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year fust above written.
ry. K - HLEGN M MEEKS
ti 1',`' Jt -to
f • ,o
ssi::ti!4Cntn;ry PUvllo, 8t81c of Ta teS
a''`• Lamm. expires Q-.ig.aoal (
NotaryPablic)
Nalam 10
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 29th day of January 2018
vN1111„j,
SEAL,I,.;, ,
y ''i!"„t+' • Sarab Heineman , VP -Underwriting Surety
N NII ifIH
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321- 8400.
17.f
Packet Pg. 465 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDQMSNT CIVIL CODE § 1169
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 Caiifomia
County of LOS ANGELES
On JAN i 9 201a before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared STEPHANIE HOPE SHEAR
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to, the within instrument and acknowledged to me that he/she/they executed the same in
his/hedtheir authorized capacity(iss), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behaff of which the person(s) acted, executed the instrument.
lE G GGLES J.
Notary Public -
Caiifornis
x
County
i
Z
Los Angeles y
Commission #
2163817
Sep 7. 20201myComm, Expires
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and Correct.
WITNESS my hanU and official seal.
Signature IN
SO"of Notary Public
Place Notary Seal Above
OPTIONAL - -
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Tittle(s): .
Partner — Limited General
Individual El Attomey in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s);
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association ^ www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
17.f
Packet Pg. 466 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verges only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Riverside
On Janua-v 30, 2018 before me,
Date
personally appeared Nick Alvarado
I -
i SUSAN C. MONTEON
pp
Commission No. 2201347
NOTARY PUBLIC -CALIFORNIA
J
z AIVERSIDE COUNTY
li *
Y
V*Comm. ExpvesJULY 13.2=1
J '
Place Notary Seal Above
Susan C. Monteon Notary Public,
Insert Name of Notary exactly as it appears on the official seal
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/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.
1 certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature ry' c . .
k46'ure of Notary Public Susan C:.-Monteon
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document.-
Document
ocument:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer —Title(s): _
Partner Limited General
Attorney in Fact
Trustee
F1Guardian or Conservator PpITumb here
Other:
Signer is Representing:
Number of Pages:
Signer's Name:
Individual
Corporate Officer—Title(s):
Partner Limited Genera!
Attorney in Fact
E) Trustee
Guardian or Conservator Top of thumb here
Other:
Signer is Representing:
17.f
Packet Pg. 467 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PART h
SPECIAL PROVISIONS
17.f
Packet Pg. 468 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special Provisions set
forth herein, the "Landscape Cost Estimating" by Colton, and in accordance with the following Special
Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they
shall be understood to mean and refer to the following:
A encs /Owner - The City of San Bernardino.
Board - The Mayor and Common Council for the City of San Bernardino.
End,ineer - The City Engineer, Department of Public Works for the City of San Bernardino or
authorized designee.
Inspector - Authorize designee of the Engineer.
Laborator - The laboratory to be designated by the City of San Bernardino to test materials
and work involved in the contract.
Notice Advertisingfids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works Construction, current
edition.
Lands,e Cost Reference - "Landscape Cost Estimating" by Colton, current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent
and meaning specified in Section 1-2, 'Definitions" in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and
these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such
conflicting portions.
1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the
responsibility of the City and is not a part of this contract.
1-D TOT LOT EQUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if
any, shall be the responsibility of the City and is not a part of this contract.
SP -1
17.f
Packet Pg. 469 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 2
BID REs; UIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be
signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to
the City of San Bernardino, in the amount of ten percent (101/6) of the bid. Such cash, check or bond
shall be given as a guarantee that the bidder will enter into the contract if his bid is approved and the
Mayor is authorized to execute the contract. In the event the bidder whose bid is approved refuses to
execute said contract, the use by the public of the improvements will be delayed and the public will
suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the
bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a
forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
2-B MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals
for participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution
No. 95-409 by the mayor and Common Council of the City of San Bernardino, on 11-20-95. This
outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated
January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business
enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested
subcontractors of 15% MBE and 5% WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise, certified by Caltrans.
SP -2
17.f
Packet Pg. 470 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs),
Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate
in the performance of all City contracts. Bidders shall assist the City in implementing this policy by
taking all reasonable steps to ensure that all available business enterprises, including local MBEs and
WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good
faith efforts to reachout to MBEs, WBEs and all other business enterprises shall be determined by the
following factors:
1) The bidder attended pre -solicitation or pre-bid meetings, if any, scheduled by the City to
inform all bidders of the requirements for the project for which the contract will be awarded. The City
may waive this requirement if the bidder certifies it is informed as to those project requirements.
2) The bidder identified and selected specific items of the project for which the contract will be
awarded to be performed by sub -contractors to provide an opportunity for participation by MBEs,
WBEs and other business enterprises. The bidder shall, when economically feasible, divide total
contract requirements into small portions or quantities to permit maximum participation of MBEs,
Es and other business enterprises.
3) The bidder advert sed for bids from interested business enterprises not less than ten calendar
days prior to the submission of bids, in one or more daily or weekly newspapers, trade association
publications, minority or trade oriented publications, trade journals, or other media specified by the City.
4) The bidder provided written notice of its interest in bidding on the contract to those
business enterprises, including MBEs and WBEs, having an interest in participating in such contracts.
All notices of interest shall be provided not less than ten calendar days prior to the date the
bids were required to be submitted. In all instances, the bidder must document that invitations for
sub -contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of
work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested MBEs,
WBEs and other business enterprises.
5) The bidder documented efforts to follow up initial solicitations of interest by contacting the
business enterprises to determine with certainty whether the enterprises were interested in performing
specific portions of the project.
6) The bidder provided interested enterprises with information about the Plans, Specifications and
requirements for the selected sub -contracting work.
7) The bidder requested assistance from organizations that provide assistance in the recruitment
SP -3
17.f
Packet Pg. 471 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the
submission of bids.
8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises
and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the
city. As documentation the bidder must submit a list of all sub -bidders for each item of work
solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises.
9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business
enterprises'in obtaining bonds, lines of credit, or insurance required by the City or Contractor.
If the City has established expected levels of participation for MBE and WBE sub -contractors,
failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the
adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith
as set forth above,
In the event that the City is considering awarding away from the lowest bidder or not awarding a
contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the
good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract,
afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public
hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away
pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of
participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined
in California Public Contract Code Section 2000(f) . Nothing herein restricts the discretion of the City
to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino
Municipal Code.
The directions set forth herein shall take effect immediately, and all City Departments shall modify
their implementation programs to the extent such programs are inconsistent with this policy.
SP -4
17.f
Packet Pg. 472 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is approved by the Mayor and Common Council with the
Mayor authorized to execute the contract shall file with the Engineer all required bonds and insurance
policies and execute the contract within 10 calendar days after receiving notification of the approval.
Failure to file the stipulated documents and execute the contract within the prescribed time shall
constitute good and sufficient grounds for recession of the award and payment of 10% of the bid to the
City as liquidated damages. Action by the Mayor and Common Council in approving a bid and
authorizing the City Manager to execute a contract shall be deemed to obligate the bidder to proceed in
accordance with the bid bond to execute the contract and provide required documentation (e.g,,
insurance policies and performance bond) to the City. No work shall be undertaken toward the
completion of the contract, nor subcontracts entered into, until the contract has been fully executed by
both the Contractor and City.
3-B CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the
Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT
BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may
deposit with the City a cash amount equal to $500 or ten percent (10%) of the total amount bid for the
first year's maintenance, whichever is greater. The amount so deposited shall be retained by the City of
San Bernardino and will be returned to the Contractor upon completion of the term of the contract.
There will be no interest paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a
maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works.
3-1) COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is
encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
SP -5
17.f
Packet Pg. 473 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and
performance report relative to the project area. Contractor and Inspector shall meet at least once each
month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the
report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion.
4-B INSPECTIONS -- An inspection form will be completed by the Inspector every week. Any items
noted not to be in compliance with the specifications will be discussed immediately with the
Contractor's on site representative. Correction of these items shall be accomplished as set forth at
Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a
timely manner, shall constitute sufficient grounds for further action, up to and including termination of
the contract. Contractor or his representative shall also meet once each week on site for field inspections
with the Inspector to discuss and sign said inspection report. Failure on the part of the Contractor to
meet at the designated time and place will result in a 10% reduction in the monthly contract
payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking
responsible representative of the Contractor shall be designated in writing at the time this contract is
executed by the Contractor. This representative shall be considered as an agent of the Contractor with
authority to receive official notices and make binding agreements on the prosecution of the work. The
Inspector shall be given 5 days prior written notice of a change in such representative.
4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the
Contractor's personnel, and shall be so attired at all times, including all necessary safety attire,
equipment, and vehicles, which shall also bear the Contractor's State License number.
4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in
compliance with this Agreement, or brought into compliance within the period of time allotted, may be
withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by
the City to correct the problem or for services not fulfilled by the Contractor. A statement will be
provided with the monthly payment describing the reason for withholding a portion of the payment and
a listing of the amount. (See .also Section 6-E of these Special Provisions.)
4-F TERMINATION OF CONTRACT -- Failure to perform specified items of work as provided in
these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and
sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and
will be effective 15 calendar days after receipt of said notice.
Notification of any termination will be given to the surety, who shall have the right to take over the
contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract
within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance
services with the right to recover damages from the principal or the surety arising from the principal's
failure to perform:
SP -6
17.f
Packet Pg. 474 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted
November 21, 1994, the Mayor and Common Council established a policy which states that any
assessment district landscape Contractor who has their contract terminated by the City for
non-performance shall be deemed a "non -responsible" bidder for a period of three years following the
date of termination and will not be allowed to submit a bid for any other assessment district landscape
maintenance contract during that period. A Contractor so deemed may appeal such finding in
accordance with Chapter 2.64 of the San Bernardino Municipal Code.
SP -7
17.f
Packet Pg. 475 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 5
LEGAL RE, UIREMENTS
5-A LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability
Insurance" of the Standard Specifications, providing that the Contractor shall furnish the City with a
policy or certificate of liability insurance as prescribed therein, prior to the execution of the contract.
The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement
shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD
Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind
the insurance provider. (See attached sample forms.)
Following is the required minimum limits of Insurance:
Bodily Injury ...... $250,000 each person
500,000 each occurrence
500,000 aggregate products
and completed operations
Property Damage ... $100,000 each occurrence
250,000 aggregate
A combined single -limit policy with aggregate limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in
Section 7-3 of the Standard Specifications.
5-B WORKER'S COMPENSATION ..INSURANCE -- The Contractor's attention is directed to
Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the
Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and
its Subcontractors before execution of the contract.
5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City
of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby
referred to and made a part hereof by references as fully as though set forth at length herein, have
ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for
legal holidays and overtime work for each craft or type of workman needed in the execution of contracts
under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.htmi
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof
SP -8
17.f
Packet Pg. 476 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
The Inspector shall have the right to interview any craft or worker on the project site in order to
verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage
shall comply with current rates and all updates.. Also, the City retains the right to examine the
Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly
certified payrolls may be required by Inspector in the event of a problem becoming evident.
5-D SAFETY REOUIREMENTS -- All work performed under this contract shall be performed in such
manner as to provide maximum safety to the public and the safety standards outlined in the Federal
OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work
under this contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his operations. Any hazardous conditions noted by the
Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909)
384-5111.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or
pesticides proposed for use under this contract for approval by the Inspector. This listing shall be
limited to chemicals approved by the State of California, Department of Agriculture and not appearing
on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and
generic formulation, California Registration No. and Chemical Abstract Service No. (Case #), and based
on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the
current San Bernardino County Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by the
Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify
or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or
pesticides and hereby specifically reserves to itself full rights against any party for any damages which
are proximately caused by the negligence or improper use of any such chemicals, herbicides or
pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector.
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained
from the County of San Bernardino Department of Agriculture and written permission has been obtained
from the Engineer.
5-C DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it
will not discriminate against any employee or applicant for employment because of race, color, religion,
sex, marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such action
shall include, but not be limited to, the following: Recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, Contractor shall not exclude from participation
under this Agreement any employee or applicant for employment on the basis of age, handicap or
religion, in compliance with state and federal laws.
17.f
Packet Pg. 477 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
5-H SOUND CONTROL REoUIREMENTS -- The Contractor shall comply with Chapter 8.54 of
the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during
the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and
Common Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but
not limited to trucks, mowers, weed eaters, blowers or other equipment that may or may not be owned
by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to
execution of the contract.
SP -10
17.f
Packet Pg. 478 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
A88111@ CERTIFICATE OF INSURANCE 0-2/15/98
IS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND
PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEN, EXTEND OR ALTER THE COVERAGE
COMMERCIAL ASSOCIATES INS, INC
COMPANIES AFFORDING COVERAGE1226EASTLAPALMAAVE
COWAN F
ANAHEIM, CA 92807
1-1. ". 11,
A
INSURED
B
ARY
CNA—VALLEY FORGE
INLAND LANDSCAPING SERVICES CDMPANY
3000 CALIFORNIA STREET C CHUBB GROUP—FEDERAL INSURANCE
SAN BERNARDINO, CA 92407 coswmw
D
COVERAWS
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY RECKJ RB E NT< TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCiJMENT WITH RESPECT TO
WHICH THIS cEFmFCATE MAY BE 0SUED OR UNY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECIWE POLICY EXPIRATION UMITS
LTR DATE IWMrtV IOL DATE(NLYYYI)D)
GENERAL LIAINLRY
OENERALAGOUGATE s2,000,000
PRODUCn-comP10PA40 $1,000,000
A g CONNERCU1l DEMM4L URBILITY PERsoNIILbADM1+BIJ1iRY i 1,000,000
cUM&OWE ® OCCUR
A- 2022275765 02/C1/58 0c/GZ/rs9 EAMOCCUlENCE $1,000,000
PNEDAItpCiE fAnY oae 41st $ 50,000OWEffRsiCONiRACTOR"S PROT
Wd-0 4 51000
AvrormBLEUAea.mr
COMBINEI[kBBIBLELIM $ _, occl, 000
ANY AM
BODB.Y BL[UTV 4
g ALL OWWM AUTOS Pmsm)
g SCHEMLEDAUTOS
8 NaIE mrm BODILTBL[WRY $
g NOMOWNEGAUrOS BAP 5197125 02/01/98 02/011SS
PRGPmTYACCcmw
GARAGE UAS[LRY AlIMOMAI-EA ACCOMRIT
ANYAUTO
At7. 1Cr $
EXCESS LIABILITY
At ATE I
UMBRELLA FORM
OTHER THAN UMBRELLA FORK ... .._
IYORRERS COsPEItBATIOH AND
Ea
EMPLOYER'S LIABLRY
ELEAgIRCC[CU ACCXOHrr $
THEPROPRIEFORt
PARTNEFAJMCUnVE BH:L EL0k&EA,SE-POLWYLWff $
ELDISEASE-EAEMPLOYEE $ OFFCERSAIB. EXCL
OTHER
OESCRIPT[ON OF OF`M.ATIDUlR.00ATIONSA"IC LE S+SPEC4LL RENS
JOB LO.^.ATION. ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
RE: AD 2000, CONTRACT 9698
BELOW NATES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CER_ TIFiCATE HOMER CANCELLATION
SHOULD WY OF THE ABOVE DESCRIBED POLMIESBECANCM.LEDBEFORE THE
THE CITY OF SAN SERNT,RDTNC
EXPIRATION DATE THEREOF. TN .. EMUING COMPANY WILL V'NL
DAY9RIfTENNOTICE TOTHE CERTIFICATE HOLDERNAWE5TOTHE LEFT. YN
DEPARTMENT OF DISIMLOPYIEN`T SERVICES
PUBIIC WORKS DIVISYON
300 NORTH "G" STREET
UTF p p j YEA _
l RSI I
VAR
As7 j W v G •7
SAN BERNARCINC, CA 92418—OOC1
ACORD ?drS (1i8 0 ACORD CCM*RA'OON 1880
SP -11
17.f
Packet Pg. 479 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
290 NORTH "D" STREET
SAN BERNARDINO, CA 92401
If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or
for you.
NOTE: MUST BE SIGEND BYAUTHORIZE REPRESENTATIVE FOR PROVIDER. MAY
ALSO SUPPLY POWER OF ATTORNEY GIVING A UYHORITY TO BIND
CG 20 10 1185
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP -12
17.f
Packet Pg. 480 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 6
PAYMENTS/GENERAL
6-A PAYMENT_ S -- Payment will be made to the Contractor by the 21 st of the month following the
month the work is performed, or 21 days after approval by the Inspector, whichever occurs later. The
first payment may be pro -rated in accordance with the actual portion of the month worked. Request for
payments must be submitted each month and shall be hand delivered to the Inspector at the monthly
evaluation meeting.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
provided by the Inspector for extra work billing and the work must have been previously
approved as set forth in Section 6-1) below. Upon acceptance and approval of the billing by the
City, payment for Extra work will be made the following billing cycle.
6-B PAYMENTS WITHHELD -- The City may withhold payment to such extent as may be necessary
to protect the City from loss due to:
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third parties against the
City
arising from the performance of the Contractor or any subcontractor under this agreement.
3. Maintenance not being performed or completed.
6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and
shall be based upon actual damages and/or the amount and type of maintenance not completed.
Retention of payment for damaged irrigation components, or loss of any plant material may be released
to the contractor upon repair or replacement of the needed items or completion of work. Deductions for
incomplete or inadequate maintenance not performed at the required schedules shall be a permanent
deduction.
6-1) EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA
WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of
California Business - and Transportation Agency, Department of Transportation, Division of
Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless
the extra work is done for a negotiated price. Prior approval shall be obtained in writing from the
Engineer, or his designee, before performing any extra work, except for urgently needed repairs to the
irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of
material invoices and rental receipts, if any, as backup for the amount charger. Extra Work includes
repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or
replacement of items needing repair or replacement due to the Contractor's negligence or failure to
perform the scheduled maintenance and contractor shall be required to make necessary repairs or
replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall
make final determination if work needed is due to vandalism or contractor's negligence.
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price
SP -13
17.f
Packet Pg. 481 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing
landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to
Contractor's negligence shall be classified as Supplemental Items of Work. All supplemental work
performed shall be as directed by the Inspector and then Engineer.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard
Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be
made in the contract unit price for increased or decreased quantities of Supplemental Items of Work.
6-F PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his
operations.
6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance
elements of the maintenance contract. The Inspector will be responsible for checking the performance
of the Contractor to the established standards and reporting any lack of maintenance to the Engineer.
The Contractor will be notified of any maintenance failure and will have a reasonable amount of time,
as determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If
after said reasonable amount of time the problem has not been resolved, a -formal notice of
noncompliance will be sent to the Contractor with a specific target date to resolve the problem. If the
problem is still present on the specific target date, the Inspector will notify the Engineer who will have
the option of terminating the contract and re- advertise for a new contractor. The necessity of sending
more than two (2) formal notices to the Contractor to correct a maintenance failure anywhere within the
contract area shall constitute grounds for termination of the contract. In such event, then the amount of
cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to
cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by
the Agreement.
6-H HOURS OF LABOR -- The Contractor shall conduct his operations during the hours specified in
Section 7-B-2.
6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such
capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work
required under this contract during the regular and prescribed hours. All such personnel shall be
physically able to do their assigned work. The Contractor and his employees shall conduct themselves
in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined
by the Inspector, with a company identifying marker. The Inspector may require the Contractor to
immediately remove from the work site any employee(s) observed to pose a threat to the public and
whose continued employment on the job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who may be a working
Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with
respect to performance of this contract. Adequate and competent supervision, as determined by the
Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment
of a first-class job.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in
the prices paid for the various contract items of work involved and no additional compensation will be
SP -14
17.f
Packet Pg. 482 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
allowed therefore.
64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any
provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court
costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the
City Attorney, and members of his office, in connection with that action shall be considered as attorney's
fees for the purpose of this agreement.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
SECTION 7
DESCRIPTION OF WORK
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and
irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive
condition and the irrigation system in a fully operational manner. All services shall be provided in a
good workmanlike manner, consistent with the standards of the industry as determined by the Inspector.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the
following:
7-B-1 Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; raking;
fertilization; weed control; control of all plant diseases and pests; mowing; edging; irrigation and
drainage systems; and all other maintenance required to maintain the contract areas in a safe, attractive,
usable, healthy and vigorous condition.
All other areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if any),
within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for
weeding.
Unimproved areas beyond described limits are not a part of this contract.
For unimproved areas within described limits, ten (10) feet from curb face shall be maintained
weed free by Herbicides and manual methods. Herbicides shall be approved by the City prior to use
and only State of California licensed Fest Control Operators shall apply the Herbicides. Unimproved
areas to be maintained are shown on the Plan.
7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance
required under this contract from Monday through Friday and as specified in this Section of these
Special Provisions. Exceptions may be made to normal working hours (7:30 a.m. to 4:30 p.m.) where
incidence of use may be too great during the hours specified to allow for proper maintenance. The
Inspector may grant, on a case by case basis, permission to perform contract maintenance at other
SP -15
17.f
Packet Pg. 483 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
hours.
7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance
of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of
any work required by these specifications, and any changes in scheduling shall be reported in writing, to
the Inspector immediately.
7-B4. The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In
addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning
and other infrequent operations shall be furnished to the Inspector at least five (5) working days in
advance of performing these operations.
7-B-5. The Contractor will be responsible for replacing trees and plant material due to over
watering, under watering or improper horticultural practices or neglect as determined by the Inspector at
Contractor's cost.
7-C MAINTENANCE SCHEDULES
The following items of work shall be performed by the Contractor with the frequency indicated.
Pick up of trash and debris Weekly or as needed.
Note: Areas adjacent to high pedestrian traffic may
require
more frequent pickup of trash as determined by the
inspector.
Complete Irrigation Test Weekly (with Inspector)
Rodent Control Weekly
Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure
proper and adequate irrigation. (e.g. daily during hot, dry
weather).
Trimming/Pruning Trees/Shrubs
way
Fertilization - (small trees,
shrubs, ground cover)
Fertilization - (turf)
Weeding Slopes (all debris to
be removed- Slope Areas are
as shown on Plan)
Every two months (areas adjacent to sidewalks & right of
as needed)
Semi-annually
Quarterly
Monthly
SP -16
17.f
Packet Pg. 484 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Continual Weeding (all shrub/
planter beds, banks, and ALL other
areas including hardscape, sidewalks
and expansion joints not defined as
slopes) Weekly
Raking beds; removal of leaves,
pine needles, etc.
Shrub/planter bed edging
Sweeping/Blowing Walks (after
mowing and edging)
Washing walks/Median Hardscape
Concrete Drainage channels cleaned
Spraying pre -emergent
Spraying for weeds
Turf mowing
Turf edging
Turf trimming
Turf aerification
Turf renovation **
Overseeding
Pest control on trees
Leach Irrigation * * *
min. 12" of water)
Weekly
Semi-monthly
Weekly
Monthly
As needed
Quarterly
As needed
Weekly
Weekly
Weekly
Annually (before July 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
As needed
4 Times Annually
With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
Lawn renovation shall include the following:
1. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
SP -17
17.f
Packet Pg. 485 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
b. Repair damaged irrigation facilities.
Dates, location and necessity to be determined by the City. The City of San Bernardino shall be
responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and
leaching dates.
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in the fature
within those areas which are presently unimproved, if any, will be negotiated with the Contractor at the
time of City's acceptance of said improvements. However, the cost of maintenance shall not exceed the
unit price awarded under this contract. (i.e. same cost for irrigation components as awarded in this
contract; turf and/or ground cover shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to
maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully
operational manner, shall be provided by the Contractor.
Full payment for fiunishing landscaping and irrigation supplies shall be considered as included in the
contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded
facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this
construction. The Contractor shall provide maintenance up to the construction area and insure proper
irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by
others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated
by construction of hardscape shall be deducted from the gross area under the same provisions as
provided above for FUTURE WORK.
7-G AREAS ELINIINATED[MODIFIED -- Any areas permanently or temporarily eliminated or
modified within the maintenance area shall be negotiated with the Contractor under the same provisions
as provided above for FUTURE WORK.
SP -18
17.f
Packet Pg. 486 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and
Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall conform to the
Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area
Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless
approved otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic
control devices necessary to expedite passage of public traffic through the work area shall be considered
as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays,
and when maintenance operations are not actively in progress on working days.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and
shall make his own arrangements relative to keeping the working area clear of parked vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer, public
traffic will be better served and work expedited. Said modifications or alterations shall not be adopted
until approved in writing by the Engineer.
8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area.
Certain utility facilities in various locations within the project limits may be removed, relocated,
abandoned, or installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations.
However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations.
The utility locations shown on the original landscaping plans are correct to the best of our knowledge.
When in doubt, the Contractor shall contact the utility concerned before proceeding further.
SP -19
17.f
Packet Pg. 487 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Full compensation for conforming to the requirements of this Section, not otherwise provided for,
shall be considered as included in the lump sum prices paid for the work involved and no additional
compensation will be allowed therefore.
8-C -- REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or otherwise,
found within the landscaped areas from time to time shall be considered as trash and debris and shall be
removed by the Contractor as directed by the Inspector.
Full compensation for removal of such items shall be considered as included in the prices paid for the
various contract items of work involved and no additional compensation will be allowed therefore.
8-D CLEANUP AND.. DUST CONTROL -- Cleanup and dust control shall conform to the provisions
in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
SP -20
17.f
Packet Pg. 488 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs, maintenance and supply all needed materials,
and perform the work as necessary in accordance with the following:
9-11 The Inspector shall be immediately notified, of any damage suspected to be caused by accident,
vandalism, theft, or Act of God. Immediate notification of any such damage, prior to start of work
within the area, will serve to indicate the Contractor's belief that it was caused by factors beyond his
control. The City shall review the damage and/or request information from the Contractor in order to
establish the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related
to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following
sprinkler system components as needed, for no additional cost, under normal wear conditions as
determined by the Inspector:
Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters; etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi -outlet emission device, tubing, and emitters.
9-1) The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system
components due to his own negligence, including removal of anti theft devices.
9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism,
theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not
covered by an item of Supplemental Work, shall be paid for as Extra Work, in accordance with Section
6-A, "EXTRA WORK," of these Special Provisions.
Any replacement must conform to the type and kind of existing system, unless the use of anti -theft
or anti -vandalism devices have been authorized by the Inspector. Any other deviation must be
approved in writing by the Inspector.
9-F Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable;
however, failure of the existing irrigation system to provide full and proper coverage shall not relieve
SP -21
17.f
Packet Pg. 489 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
the Contractor of his responsibility. In the event of a failure of any irrigation component that would
prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until
the repair and/or replacement is accomplished.
9-G In those areas where an automatic sprinkler system is installed, the Contractor shall inspect weekly,
or more often if climatic conditions requires, for any damage to the system and for the operation of the
system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to
guarantee proper coverage and full working capacity, and make whatever adjustments which may be
necessary to prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated.
The periodic inspection may occur more often, but not less frequently, than one inspection each
week, in operation, with the Inspector. Care shall be exercised to prevent a waste of water or erosion.
Irrigation shall be accomplished as follows:
9-G-1 Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and
color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually
hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less
humidity or high winds, or during a prolonged high temperature period during the summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion.
9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a
manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of
shrub types, seasons and weather conditions.
9-G-4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these
plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper
berms or basins where needed shall be maintained during the establishment period.
9-H The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for
proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate
irrigation. Such repairs will be made by the Contractor with same type/brand head, or approved equal
by the Inspector.
9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly
basis. This will include laterals, main lines, control valves, control wire, timer/controller and any other
items in the system. If any of the items mentioned in this paragraph are found to be defective or in
need of repair during the weekly inspections, said items shall be repaired immediately. All
materials or parts shall be the same brand or approved equal. Contractor shall notify the Cis : Ins; ector
immediatel . beforeMakin = any such M) b: callin, 384-5111 durin.._ workin.hours.
94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the
Inspector. New sprinkler heads shall be the same type, size and brand as the one to be replaced, except
for anti -theft or anti -vandalism devices as approved by the Inspector.
The unit price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and
SP -22
17.f
Packet Pg. 490 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A
new timer/controller shall be of the same model and manufacturer as the one to be replaced unless
otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in which case
the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be subject to
Extra Work requirements as set forth in Paragraph D, Section b.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK" shall be at
the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus material costs.
SP -23
17.f
Packet Pg. 491 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as required to
maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no
projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain
plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with
their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by
the Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and Shrub Care"
and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction plans
and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,
and/or with the landscaping construction plans for the various subdivisions which are included within
this project, or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5
gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work involved in
removing and planting shrubs and ground cover and at the price indicated in the "SUPPLEMENTAL
ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
SP -24
17.f
Packet Pg. 492 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 11
FERTYLIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions.
11-B -- Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished
quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall
be approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi -wall paper bags, polyethylene lined for moisture
resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy
growth as determined by the Inspector or based on the results of the soil testing and at the times
specified below (or as otherwise directed by Inspector):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain
optimum spread. Notii:• the Ins )ector 2-3 days before application and submit baa tae.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and
smaller) within the designated work area shall be accomplished two (2) times per year with a
commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall
be approved by the Inspector.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material.
Fertilizer shall be applied at the times specified below:
October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer
material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
SP -25
17.f
Packet Pg. 493 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 12
LAWN/TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be
maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power -propelled reel -type
or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner
as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A
MULCH -MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF
INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers are to
provide a uniform, level cut no higher than three (3) inches, or as otherwise instructed by the Inspector,
but no more than 25% of existing growth to be removed in any one mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor
may request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing
frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a
schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days
prior to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care
should be taken during the renovation process to assure a neat and clean appearance to turf areas after
the renovation process has taken place.
12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October
15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's
approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure
to realize a minimum of 75% germination will require reseeding by the Contractor at no extra cost to the
City.
12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use where
turf is suffering from compaction, aerification may be necessary at more frequent intervals at no
additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous
growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days
prior to beginning work.
12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by
use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event
of the mulch -mowing as provided under Section 12-B, all clippings must be adequately fine-cut and
SP -2b
17.f
Packet Pg. 494 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
spread as to achieve a neat appearance.
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences,
in excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's
negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of
work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf
removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing and placing
sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -27
17.f
Packet Pg. 495 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 13
SLOPE/BANK/DRAIN MAINTENANCE
13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material
located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to
be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS". IF ANY, ARE DELINEATED ON SAID
PLAN(S).
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely
cleaned as needed.
SP -28
17.f
Packet Pg. 496 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians,
undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per
manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be
maintained as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground
cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any
undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical
methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete
removal of all weed growth shall be accomplished within each seven (7) days. This section includes all
undesirable growth adjacent to curbs, gutters, and sidewalks.
SP -29
17.f
Packet Pg. 497 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 15
TREES
15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner
as to promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a
part of this contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said
program is the selective and natural approach to pruning of all trees on site and includes pest and disease
control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of
the Inspector any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in
some manner, a safety hazard. Contractor shall noti , the Ins ector 48 hours . rior to an _ runin .
15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the
existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting.
Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree
growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball.
15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list
provided by the City of the type and location of trees to be replaced or as determined by the Inspector,
15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by
the contractor, shall be classified as supplemental items of work.
15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and
disease control, shall be at Contractor's expense.
15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to
the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action
taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as
directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic
bid price for tree maintenance.
15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section.
The unit price paid for replacing trees shall include full payment for all work involved in furnishing
and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
SP -30
17.f
Packet Pg. 498 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CONTRACT
AGREEMENT
SP -31
17.f
Packet Pg. 499 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this day of
between the City of San Bernardino, (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,
Contractor agrees with the City, at"his own proper cost and expense to furnish any and all required labor,
materials, and transportation as set forth in the Special Provisions to be furnished by City, necessary to
complete in good workmanlike and substantial manner the
MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 1022 ZONE 1) - TIPPECANOE AVENUE, BETWEEN 3' STREET AND HARRY SHEPPARD
BOULEVARD, DEL ROSA DRIVE, BETWEEN 3'D STREET AND HARRY SHEPPARD BOULEVARD; AND
SCHEDULE 2, AD 1022 ZONE 2) - TIPPECANOE AVENUE, BETWEEN HARRY SHEPPARD BOULEVARD AND
MILL STREET; MILL STREET WEST OF TIPPECANOE; TIMBER CREEK, BETWEEN TIPPECANOE AVENUE AND
LENA ROAD; AND
SCHEDULE 3, AD 1022 ZONE 3) - MILL STREET, WEST OF TIPPECANOE AVENUE; AND
SCHEDULE 4, (ADDITIVE NO. 1) AD 1063) - LENA ROAD, SOUTH OF CENTRAL AVENUE; CENTRAL
AVENUE BETWEEN LENA ROAD AND CLEVENGER ROAD; CLEVENGER ROAD BETWEEN CENTRAL
AVENUE AND NORMAN ROAD; NORMAN ROAD, WEST OF CLEVENGER ROAD; AND
SCHEDULE 5, (ADDITIVE NO. 2) AD 1068) - CENTRAL AVENUE, BETWEEN MOUNTAIN VIEW AVENUE AND
TIPPECANOE AVENUE; TIPPECANOE AVENUE, SOUTH OF CENTRAL AVENUE.
in accordance with (2017-18) Special Provisions No. 11748 (Schedule 1, AD 1022 Zone 1), 11748
Schedule 2, AD 1022 Zone 2), 11748 (Schedule 3, AD 1022 Zone 3),12274A (Schedule 4, (Additive
No. 1) AD 1063), and 12792A (Schedule 5, (Additive No. 2) AD 1068), on file in the office of the City
Engineer, 3rd Floor, San Bernardino City Hall, and also in accordance with Standard Specifications for
Public Works/ Construction, current edition, on file in the office of the City Engineer, and the
Landscape Cost Estimating" by Colton, current edition, on file in the office of the Director of Public
Works, which said Plans, Special Provisions, Standard Specifications, and Landscape Cost Estimating
are hereby especially referred to and by such reference made a part hereof.
2. 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
SP -32
17.f
Packet Pg. 500 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
requirements of the Engineer under them.
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 account of race, color, creed,
religion, sex, marital status, national origin, 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 of
practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or
employees in the performance of this contract.
3. 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 as set forth in the successful bid, and hereby contracts to
pay'the same at the time, in the manner, and upon the conditions above set forth; and the said parties for
themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full
performance of the covenants herein contained.
4. It is finther expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
5. Notices. All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
CITY CONTRACTOR
Director of Public Works
City of San Bernardino _....
290 North "D" Street
San Bernardino, CA 92401 _
Signatures to follow on the next page.)
SP -33
17.f
Packet Pg. 501 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AGREEMENT FOR LANDSCAPE MAINTENANCE —AREA "J"
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and
the date first above written.
CONTRACTOR
Name of Firm:
TITLE:
MAILING ADDRESS:
PHONE NO: ( _
CITY OF SAN BERNARDINO
m.
RIV
SP -34
ANDREA M. MILLER, City Manager
City of San Bernardino
ATTEST:
GEORGEANN HANNA,
City Clerk
Approved as to Form:
GARY D. SAENZ, City Attorney
17.f
Packet Pg. 502 Attachment: Attachment 6 - Resolution No. 2018-083 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-147
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO WILLOWBROOK
LANDSCAPE INC. FOR THE MAINTENANCE OF LANDSCAPING IN
ASSESSMENT DISTRICT NOS. 956, 968, 1016, 1023, 1027, 1045 AND 1059, KNOWN
AS AREA "H"
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Willowbrook Landscape Inc. is the lowest responsible bidder for Area
H": Maintenance of Landscaping in Assessment District Nos. 956, 968, 1016, 1023, 1027,
1045 And 1059, per Plan Nos. 6244, 6738-A, 9363-A, 9703, 10083, 12028A and 12058A. A
contract, attached hereto as Exhibit "A" and incorporated herein by reference, is awarded
accordingly to said bidder in a total amount of $71,641.00 for the initial term beginning on
July 1, 2018, through June 30, 2019. All other bids for Area "H", therefore, are hereby
rej ected.
SECTION 2. The City Manager is hereby authorized to execute the contract with
Willowbrook Landscape Inc., attached hereto as Exhibit "A" and incorporated herein.
SECTION 3. This contract may be extended by two additional one (1) year terms as
set forth in said contract.
SECTION 4. The above authorization is rescinded if the parties to the contract fail to
file a fully executed copy of said contract with the City Clerk within sixty (60) days of the
passage of this Resolution.
1
17.g
Packet Pg. 503 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO WILLOWBROOK
LANDSCAPE INC. FOR THE MAINTENANCE OF LANDSCAPING IN
ASSESSMENT DISTRICT NOS. 956, 968, 1016, 1023, 1027, 1045 AND 1059, KNOWN
AS AREA "H"
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
6th
day of June 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS k
VALDIVIA
SHORETT Y S
NICKEL it
RICHARD
MULVIHILL
ABSTAIN ABSENT
Georges anna, CM City Clerk
The foregoing Resolution is hereby approved this 6
h
day of June 2018.
R. Carey Dav' , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
17.g
Packet Pg. 504 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Reso 2or9-1243 4 r //VAY_
lv /L-0/ 2.019 FILE NO.: 14.40A -H
ACCT. NO: 254 -150 -<Project No.> -5506:
AD 956 -PROJECT NO.: 1896
AD 968 -PROJECT NO.: 1429
AD 1016 -PROJECT NO.: 1867
AD 1023- PROJECT NO.: 6013
AD 1027- PROJECT NO.: 6016
AD 1045 -PROJECT NO: 6037
AD 1059 -PROJECT NO.: 6055
AD 1038 (ADDITIVE NO. 1) -PROJECT NO.: 6025
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
FOR
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES
IN PORTIONS OF ASSESSMENT DISTRICT NOS. 9569 9689 10169 10239 10279
1045,1059 AND 1038 (ADDITIVE NO. 1)
AREA "H")
2018-2019) PLAN AND SPECIAL PROVISIONS NOS.
6244 SCHEDULE 1, AD 956)
6738-A SCHEDULE 2, AD 968)
9363-A SCHEDULE 3, AD 1016)
9703 SCHEDULE 4, AD 1023)
10083 SCHEDULE 5, AD 1027)
12028A SCHEDULE 6, AD 1045)
12058A SCHEDI 11 7, AD 1059)
11327A S DDITIVE NO. 1) AD 103 8)
ASHW QISWk
NO. "702, z
KP 6
cim
DEPARTMENT OF7C BLIC WORKS
CITY OF SAN BERNARDINO
DECEMBER 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M.
ON MAY 1 2018
17.g
Packet Pg. 505 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
FILE NO.: 14.40A -H
ACCT. NO: 254-150-<ProjectNo.>-5506:
AD 956 -PROJECT NO.: 1896
AD 968 -PROJECT NO.: 1429
AD 1016 -PROJECT NO.: 1867
AD 1023- PROJECT NO.: 6013
AD 1027- PROJECT NO.: 6016
AD 1045 -PROJECT NO: 6037
AD 1059 -PROJECT NO.: 6055
AD 1038 (ADDITIVE NO. 1) -PROJECT NO.: 6025
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ASSESSMENT DISTRICT NOS. 9569 9689 10169 102391027910459
1059 AND 1038 (ADDITIVE NO. 1)
AREA "H")
CONTRACT DOCUMENTS
2018-2019) PLAN AND SPECIAL PROVISIONS NOS.
6244 SCHEDULE 1, AD 956)
6738-A SCHEDULE 2, AD 968)
9363-A SCHEDULE 3, AD 1016)
9703 SCHEDULE 4, AD 1023)
10083 SCHEDULE 5, AD 1027)
12028A SCHEDULE 6, AD 1045)
12058A SCHEDULE 7, AD 1059)
11327A SCHEDULE 8, (ADDITIVE NO. 1) AD 1038)
FOR THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 956) —THE AREA EAST OF GAGE CANAL TO INCLUDE THE EAST END OF HARRIMAN
PLACE, HOSPITALITY LANE, BRIER DRIVE, TIPPECANOE AVENUE SOUTH OF BRIER DRIVE, AND THE
DRAINAGE BASIN ALONG THE I-10 FREEWAY; AND
SCHEDULE 2, AD 968) —THE MEDIAN STRIP OF AIRPORT DRIVE, BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST; AND
SCHEDULE 3, AD 1016) —THE NORTH SIDE OF COULSTON STREET BETWEEN ROSENA AVENUE AND
CURTIS STREET; AND
SCHEDULE 4, AD 1023) — SOUTH SIDE OF COULSTON AVENUE, BETWEEN ELM AVENUE AND
RICHARDSON STREET AND THE EAST SIDE OF ELM AVENUE, SOUTH OF COULSTON STREET; AND
SCHEDULE 5, AD 1027) — WATERMAN AVENUE, SOUTH OF COMMERCIAL ROAD; WASHINGTON AVENUE
BETWEEN WATERMAN AVENUE AND WIER ROAD AND PORTIONS OF COMMERCIAL ROAD, FOXCROFT
WAY, WIER ROAD, HERITAGE LANE AND CAROL WAY, ALL WITHIN TRACT NOS. 15991 AND 15826; AND
17.g
Packet Pg. 506 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SCHEDULE 6, AD 1045) - THE EAST SIDE OF WATERMAN AVENUE AND THE MEDIAN IN WATERMAN
AVENUE ADJACENT TO TENTATIVE TRACT 17972; AND
SCHEDULE 7, AD 1059) - THE MEDIAN WITHIN ORANGE SHOW ROAD, BETWEEN TIPPECANOE AVENUE
AND THE NORTHERLY BOUNDARY OF PARCEL MAP NO. 17132; AND
SCHEDULE 8, (ADDITIVE NO. 1) AD 1038) - THE NORTH SIDE OF ORANGE SHOW ROAD, EAST OF
ARROWHEAD AVENUE, THE EAST SIDE OF ARROWHEAD AVENUE, NORTH OF ORANGE SHOW ROAD, THE
NORTH AND SOUTH SIDES OF ORANGE SHOW LANE, EAST OF ARROWHEAD AVENUE AND THE WEST SIDE
OF SIERRA WAY, NORTH OF ORANGE SHOW LANE, ALL WITHIN PARCEL MAP NO. 16222.
17.g
Packet Pg. 507 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS/ENGINEERING
December 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 P.M. ON
May 1, 2018
INDEX
BID DOCUMENTS
A. Notice Inviting Bids
B. Proposal Form
C. Bid Schedule
D. Designation of Sub -Contractors
E. Worker's Compensation Certification
F. Non -Collusion Affidavit
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - Payments/General
SECTION 7 - Description of Work
SECTION 8 - Technical Specifications
SECTION 9 - Irrigation/System
SECTION 10 - Shrubs and Ground Cover Plants
SECTION 11 - Fertilizer and Pest Control Agents
SECTION 12 - Lawn/Turf
SECTION 13 - Slope/Bank/Drain Maintenance
SECTION 14 - Weed Control
SECTION 15 - Trees
CONTRACT AGREEMENT
17.g
Packet Pg. 508 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PART I
ADM:INISTRAIJON
17.g
Packet Pg. 509 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Engineer's Estimate:
RANGE: $ 55, 000 to 65, 000
NOTICE INVITING SEALED BIDS
AREA "H")
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
THE MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 956) -THE AREA EAST OF GAGE CANAL TO INCLUDE THE EAST END OF HARRIMAN
PLACE, HOSPITALITY LANE, BRIER DRIVE, TIPPECANOE AVENUE SOUTH OF BRIER DRIVE, AND THE
DRAINAGE BASIN ALONG THE I-10 FREEWAY; AND
SCHEDULE 2, AD 968) - THE MEDIAN STRIP OF AIRPORT DRIVE, BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST; AND
SCHEDULE 3, AD 1016) - THE NORTH SIDE OF COULSTON STREET BETWEEN ROSENA AVENUE AND
CURTIS STREET; AND
SCHEDULE 4, AD 1023) - SOUTH SIDE OF COULSTON AVENUE, BETWEEN ELM AVENUE AND
RICHARDSON STREET AND THE EAST SIDE OF ELM AVENUE, SOUTH OF COULSTON STREET; AND
SCHEDULE 5, AD 1027) - WATERMAN AVENUE, SOUTH OF COMMERCIAL ROAD; WASHINGTON AVENUE
BETWEEN WATERMAN AVENUE AND WIER ROAD AND PORTIONS OF COMMERCIAL ROAD, FOXCROFT
WAY, WIER ROAD, HERITAGE LANE AND CAROL WAY, ALL WITHIN TRACT NOS. 15991 AND 15826; AND
SCHEDULE 6, AD 1045) - THE EAST SIDE OF WATERMAN AVENUE AND THE MEDIAN IN WATERMAN
AVENUE ADJACENT TO TENTATIVE TRACT 17972; AND
SCHEDULE 7, AD 1059) - THE MEDIAN WITHIN ORANGE SHOW ROAD, BETWEEN TIPPECANOE AVENUE
AND THE NORTHERLY BOUNDARY OF PARCEL MAP NO. 17132; AND
SCHEDULE 8, (ADDITIVE NO. 1) AD 1038) - THE NORTH SIDE OF ORANGE SHOW ROAD, EAST OF
ARROWHEAD AVENUE, THE EAST SIDE OF ARROWHEAD AVENUE, NORTH OF ORANGE SHOW ROAD, THE
NORTH AND SOUTH SIDES OF ORANGE SHOW LANE, EAST OF ARROWHEAD AVENUE AND THE WEST SIDE
OF SIERRA WAY, NORTH OF ORANGE SHOW LANE, ALL WITHIN PARCEL MAP NO. 16222,
in accordance with (2018-2019) Special Provisions No. 6244 (Schedule 1, AD 956), 6738-A (Schedule
2, AD 968), 9363-A, (Schedule 3, AD 1016), 9703 (Schedule 4, AD 1023), AND 10083 (Schedule 5,
AD 1027), 12028A (Schedule 6, AD 1045), 12058A (Schedule 7, AD 1059) 11327A (Schedule 8
Additive No. 1), AD 1038) on file in the Office of the City Engineer.
Deliver all bids to the City Engineer's Office, Second Floor, 201 North "E" Street, San Bernardino,
California, with the specification title and number and "SEALED BID" clearly marked on the outside
of the envelope.
Said bids or proposals will be received up to the hour of 2:00 P.M. on Tuesday, May 1„ 2018 at which
time all of said bids or proposals will be publicly opened, examined and declared in the City Engineer's
Conference Room.
No bid will be received unless it is made on a proposal form furnished by the City. All bids or proposals
shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond made
payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check
or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him. In
the event the bidder refuses to execute said contract, the use by the public of the improvements will be
17.g
Packet Pg. 510 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
delayed, and the public will suffer great damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the
above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and
not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company
having a rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and City Council of the City of San Bernardino, by Resolution No. 90-358
and any and all amendments thereto which are hereby referred to and made a part hereof by references
as fully as though set forth at length herein, have ascertained and determined the general prevailing rate
of per diem wages, and of per diem wages for legal holidays and overtime work for each craft or type of
workman needed in the execution of contracts under jurisdiction of said Mayor and City Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: httpHwww.dir.ca.gov/dirdatabases.htmi
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof.
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance
under the contract as provided for in Section 22300 of the California Government Code and Section
10263 of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any
Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and
mechanics employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, national origin, sex, age, or marital status as set
forth in the provisions of Resolution No. 90-358 of the Mayor and City Council of the City of San
Bernardino.
The term of the contract will continue from July 1, 2018 to the termination date of June 30, 2019,
renewable for up to a maximum of two (2) additional one year periods by mutual agreement between the
Director of Public Works and Contractor. Contract renewal costs to be negotiated at the time of each
such renewal.
A Mandatory Pre -Bid meeting will be held on 'Tuesday April 24, 2018, at 2:00 P.M., at the office of
the City Engineer, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. This meeting is to
serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of subcontracting and
material supply opportunities and to make the prime contractor aware of the City's outreach program as
it relates to minority hiring and participation. Bidder's attendance at this meeting is mandatory.
Attendance and/or certification may be used as part of the good faith effort.
There will also be a non -mandatory pre-bid field review, following the pre-bid meeting. Due to the
large number of Assessments Districts, the field review may be continued the following day, at 9:00 am,
commencing at the office of the City Engineer, Second Floor, 201 North "E" Street, San Bernardino, CA
92401.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations
from contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY
17.g
Packet Pg. 511 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
reserves the right to take all bids under advisement for a period of 90 calendar days.
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be
allowed to submit a bid for any other assessment district landscape maintenance contract during that
period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
Contractor must submit along with bid, copies of the California Agricultural Pest Control Certificate,
for the person(s) or firm performing the work), and copies of certificates for chemical applications from
the County of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at: www.ci.san-bemardino.ca.us/services/request_for_bids/public works/default.as.
Conversely, the Project documents are also available on CD, at no cost, if picked up in person. Upon
request, a CD of the Plans and Special Provisions maybe mailed for an additional fee of $10.00.
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the
scheduled day of the Bid Opening. Only those firms listed on the CITY's `LIST OF PLAN
HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for
this Project.
The Contractor shall possess a Class C-27 License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work
and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive
and healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
Specific questions regarding this project should be submitted in writing to the City Engineer's Office as
follows:
City of San Bernardino
C/O Public Works / City Engineer
290 North "D" Street
San Bernardino, CA 92401
Attention: Ryan Aschenbrenner
Tel: (909) 384-5126/5140
E-mail: Aschenbrenner ry(ulsbcity.org
Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must be
communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions, submitted
after the bid opening, will not be treated as a bid protest.
17.g
Packet Pg. 512 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Written responses will only be provided to written questions. No written response will be provided
to verbal questions.
CITY OF SAN BERNARDINO
City Clerk
NOTICE TO ADVERTISE
SPECIFICATION NO. 6244, 6738-A, 9363-A & 9703
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE: March 26, 2018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE
17.g
Packet Pg. 513 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID DOCUMENTS
17.g
Packet Pg. 514 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID FORM
TO THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work and read the
accompanying instructions to bidders and the entire contract documents and hereby proposes to furnish
any and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING AND APPURTENANT FACILITIES IN
PORTIONS OF:
SCHEDULE 1, AD 956) -THE AREA EAST OF GAGE CANAL TO INCLUDE THE EAST END OF HARRIMAN
PLACE, HOSPITALITY LANE, BRIER DRIVE, TIPPECANOE AVENUE SOUTH OF BRIER DRIVE, AND THE
DRAINAGE BASIN ALONG THE I-10 FREEWAY; AND
SCHEDULE 2, AD 968) -THE MEDIAN STRIP OF AIRPORT DRIVE, BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST; AND
SCHEDULE 3, AD 1016) -THE NORTH SIDE OF COULSTON STREET BETWEEN ROSENA AVENUE AND
CURTIS STREET; AND
SCHEDULE 4, AD 1023) - SOUTH SIDE OF COULSTON AVENUE, BETWEEN ELM AVENUE AND
RICHARDSON STREET AND THE EAST SIDE OF ELM AVENUE, SOUTH OF COULSTON STREET; AND
SCHEDULE 5, AD 1027) - WATERMAN AVENUE, SOUTH OF COMMERCIAL ROAD; WASHINGTON AVENUE
BETWEEN WATERMAN AVENUE AND WIER ROAD AND PORTIONS OF COMMERCIAL ROAD, FOXCROFT
WAY, WIER ROAD, HERITAGE LANE AND CAROL WAY, ALL WITHIN TRACT NOS. 15991 AND 15826; AND
SCHEDULE 6, AD 1045) - THE EAST SIDE OF WATERMAN AVENUE AND THE MEDIAN IN WATERMAN
AVENUE ADJACENT TO TENTATIVE TRACT 17972; AND
SCHEDULE 7, AD 1059) - THE MEDIAN WITHIN ORANGE SHOW ROAD, BETWEEN TIPPECANOE AVENUE
AND THE NORTHERLY BOUNDARY OF PARCEL MAP NO. 17132; AND
SCHEDULE 8, (ADDITIVE NO. 1) AD 1038) - THE NORTH SIDE OF ORANGE SHOW ROAD, EAST OF
ARROWHEAD AVENUE, THE EAST SIDE OF ARROWHEAD AVENUE, NORTH OF ORANGE SHOW ROAD, THE
NORTH AND SOUTH SIDES OF ORANGE SHOW LANE, EAST OF ARROWHEAD AVENUE AND THE WEST SIDE
OF SIERRA WAY, NORTH OF ORANGE SHOW LANE, ALL WITHIN PARCEL MAP NO. 16222,
in accordance with (2018-2019) Special Provisions No. 6244 (Schedule 1, AD 956), 6738-A (Schedule
2, AD 968), 9363-A, (Schedule 3, AD 1016) , 9703 (Schedule 4, AD 1023), AND 10083 (Schedule 5,
AD 1027), 12028A (Schedule 6, AD 1045), 12058A (Schedule 7, AD 1059) 11327A (Schedule 8
Additive No. 1), AD 1038) on file in the Office of the City Engineer, Second Floor, 201B North `B"
Street, San Bernardino City, and also in accordance with Standard Specifications for Public Works
Construction, current edition, as amended by the Special Provisions and "Landscape Cost Estimating"
by Colton, current edition. Undersigned proposes and agrees if this proposal is accepted, that he will
contract with the City of San Bernardino, in the form of the copy of the contract annexed hereto, to
provide all necessary machinery, tools, apparatus and other means of maintenance, and to do all the
work and furnish all the materials specified in the contract, in the manner and time therein prescribed,
and that he will take in full payment therefore the following unit prices or
lump sum prices, to -wit:
17.g
Packet Pg. 515 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 1 ACCOUNT NUMBER 254-150-1896*5506
BID SCHEDULE
PLAN NO. 6244 (2017-18)
SCHEDULE 1 : ASSESSMENT DISTRICT NO. 956 - TRI -CITY
BASIC BID
TOTAL
ANNUAL
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
l 1 L.S. Maintenance of lawns/turf and
95,354 sq.ft. irrigation system at the lump sum 914.00 10,970.00
price of : L.S.
2 1 L.S. Maintenance of plants, shrubs,
7,152 sq.ft. t) groundcover and irrigation system,
including all medians and
hardscaped areas at the lump sum 135.00 1,620.00
price of: L.S.
3
Maintenance of trees and irrigation
1 L.S. L.
system at the lump sum price of.20. 240.00
A) $
TOTAL BASIC BID
SCHEDULE 1) j 12.830.00
17.g
Packet Pg. 516 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 2 ACCOUNT NUMBER 254-150-1896'5506
BID SCHEDULE
PLAN NO. 6244 (2017-18)
SCHEDULE I: ASSESSMENT DISTRICT NO. 956 - TRI -CITE'
SUPPLEMENTAL ITEMS OF WORK
r
TOTAL PRICE
Quantity x
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
1 30 EACH Replacement of Trees (15 gal.) per
each 75.00
80
2,250.00
160.002200SQ.FT. Replacement of Turf per sq.ft
3 10 EACH Replacement of Shrubs (1 gal.) per
each
Replacement of Shrubs (5 gal.) per
8.00 80.00
4 10 EACH
each 16.00 160.00
5 25
35
FLAT
EACH
Replacement of Ground Cover per flat
Replacement of Sprinkler Beads: Pop-
14.00 350.00
6
up type, under 12", including necessary
pipe, fittings, etc., per each$
Replacement of Sprinkler Heads: Pop-
10.00 350.00
7 35 EACH
up type, 12" or over, including
necessary pipe, fittings, etc., per each
Replacement of Sprinkler Heads
16.00 560.00
8 10 EACH
Rotor type, under 12" including
necessary pipe, fittings, etc., per each
Replacement of Sprinkler Heads:
16.00 160.00
9 10 EACH
Rotor type, 12" or over, including j
necessary pipe, fittings, etc., per each 22.0.0 220.00
10 5 EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary
E pipe, fittings, etc., per each 8.00 40.00
11 j 48 HOURS Cost of labor for irrigation system
repair for EXTRA WORK per hour 25.00 1,200.00
TOTAL SUPPLEMENTAL
ITEMS OF WORK (SCHEDULE (B) $
1) 5_,530.00
TOTAL BID : .
BASIC BID + SUPPLEMENTAL (
A+B) $
ITEMS OF WORK (SCHEDULE
1) 18,360.00
17.g
Packet Pg. 517 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 3 ACCOUNT NUMBER 254-150-1429*5506
BID SCHEDULE
PLAN NO. 6738-A (2018-2019)
SCHEDULE 2: ASSESSMENT DISTRICT NO. 968 - AIRPORT DRIVE
BASIC BID
TOTAL
ANNUAL
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
1 1 L.S. Maintenance of lawns/turf and
13,160 sq.ft. f) irrigation system at the lump sum 100.00 1,200.00
price of: L.S.
TOTAL BASIC BID
A)
SCHEDULE 2) 1,200.00
17.g
Packet Pg. 518 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 4 ACCOUNT NUMBER 254-150-1429$5506
BID SCHEDULE
PLAN NO. 6738-A (2018-2019)
SCHEDULE 2: ASSESSMENT DISTRICT NO. 968 — AIRPORT DRIVE
SUPPLEMENTAL ITEMS OF WORK
TOTAL PRICE
1 Quantity x
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
1 100 SQ.FT. Replacement of Turf per sq.ft 80 80.00
i 2 20 j EACH Replacement of Sprinkler Heads: Pop-
up type, including necessary pipe,
fittings, etc., per each 10.00 200.00
3 48 HOURS Cost of labor for irrigation system
repair for EXTRA WORK per hour 25.00 1,200.00
TOTAL SUPPLEMENTAL ITEMS
B)
OF WORK (SCHEDULE 2) 1,480.00
TOTAL BID :
BASIC BID + SUPPLEMENTAL
A+B)
ITEMS OF WORK (SCHEDULE
2) 2,680.00
17.g
Packet Pg. 519 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 5 ACCOUNT NUMBER 254-150-1867*5506
BID SCHEDULE
PLAN NO. 9363-A (2017-18)
SCHEDULE 3: ASSESSMENT DISTRICT NO. 1016 -NORTH SIDE OF COULSTON STREET
BASIC BID
TOTAL
ANNUAL
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
1 1 L.S. Maintenance of plants, shrubs,
4,700 sq.ft. f) groundcover and irrigation system, at
the lump sum price of: 60.00L•S• $ 720.00
2 1 L.S.
Maintenance of trees and irrigation
L.S.
system at the lump sum price of: 10.00 120.00
TOTAL BASIC BID
A)
SCHEDULE 3) 840.00
17.g
Packet Pg. 520 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 6 ACCOUNT NUMBER 254-150-1867*5506
BID SCHEDULE
PLAN NO. 9363-A (2017-18)
SCHEDULE 3: ASSESSMENT DISTRICT NO. 1016 - NORTH SIDE OF COULSTON STREET
SUPPLEMENTAL ITEMS OF WORK
ITEM QUANTITY UNIT
1 2 EACH
2 5 EACH
3 5 EACH
4 5 FLAT
5 20 EACH
6 1 5 1 EACH
7 ! 8 1 HOURS
TOTAL PRICE
Quantity x
DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
Replacement of Trees (15 gal.) per each 75.00 150.00
Replacement of Shrubs (1 gal.) per each 8.00 40.00
Replacement of Shrubs (5 gal.) per each 16.00 80.00
Replacement of Ground Cover per flat 18.00 90.00
Replacement of Sprinkler Heads: Pop-up
type, including necessary pipe, fittings,
etc., per each 10.00 200.00
Replacement of Sprinkler Heads
Shrubbery type, including necessary
pipe, fittings, etc., per each 8.00 40.00
Cost of labor for irrigation system repair
for EXTRA WORK at per hour 25.00 200.00
TOTAL SUPPLEMENTAL ITEMS
B)
OF WORK (SCHEDULE 3) 800.00
TOTAL BID:
BASIC BID + SUPPLEMENTAL
A+B)
ITEMS OF WORK (SCHEDULE
3) 1,640.00
17.g
Packet Pg. 521 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 7
I
2
ACCOUNT NUMBER 254-150-6013*5506
BID SCHEDULE
PLAN NO. 9703 (2017-18)
SCHEDULE 4: ASSESSMENT DISTRICT NO. 1023 - ELM AND COULSTON
BASIC BID
TOTAL
ANNUAL
QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
1 L.S. Maintenance of plants, shrubs,
14,200 sq.ft. t) groundcover and irrigation system, at
the lump sum price of: 113. ( $1,356.00
L.S. I Maintenance of trees and irrigation L.S. 1
system at the lump sum price of: 30.00 360.00
TOTAL BASIC BID
A)
SCHEDULE 4) 1,716.00
17.g
Packet Pg. 522 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 8 ACCOUNT NUMBER 254-150-6013*5506
BID SCHEDULE
PLAN NO. 9703 (2017-18)
SCHEDULE 4: ASSESSMENT DISTRICT NO. 1023 - ELM AND COULSTON
SUPPLEMENTAL ITEMS OF WORK
TOTAL PRICE
Quantity x
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
EACH Replacement of Trees (15 gal.) per each 75.00 150.0012
2 5
5
EACH Replacement of Shrubs (1 gal.) per each $ 8.00
Replacement of Shrubs (5 gal.) per each $ 16.00
Replacement of Ground Cover per flat $ 18.00
Replacement of Sprinkler Heads: Pop-up
40.00
3 EACH 80.00
4 5 FLAT 90.00
5 20 EACH
type, including necessary pipe, fittings,
etc., per each $ 10.00
Replacement of Sprinkler Heads
200.00
6 5 EACH
Shrubbery type, including necessary
pipe, fittings, etc., per each $ 8.00
Cost of labor for irrigation system repair
40.00
7 48 HOURS
for EXTRA WORK at per hour $ 25.00 1,200.00
TOTAL SUPPLEMENTAL ITEMS,
B) OF WORK (SCHEDULE 4) 1,800.00
TOTAL BID :
BASIC BID + SUPPLEMENTAL
ITEMS OF WORK
A+B) $
3,516.00SCHEDULE
4)
17.g
Packet Pg. 523 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 9 ACCOUNT NUMBER 254-150-601.6*5506
BID SCHEDULE
PLAN NO. 10083 (2018-2019)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 1027 - WATERMAN AND WASHINGTON
BASIC BID
TOTAL
1 ANNUAL
ITEM QUANTUT UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
1 1 L.S. Maintenance of lawns/turf and
2,000 sq.ft. t} irrigation system at the lump sum price 25.00 300.00
1 of : L.S.
2 1 L.S. Maintenance of plants, shrubs,
95,549 sq.ft.) groundcover and irrigation system, at 800.00 10 800.00
i_
the lump sum price of: L.S.
3 1 L.S.
Maintenance of trees and irrigation
L.S.
system at the lump sum price of: 75.00 900.00
TOTAL BASIC BID
SCHEDULE 5)
A)
1 12,000.00
17.g
Packet Pg. 524 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 10 ACCOUNT NUMBER 254-150-6016*5506
BID SCHEDULE
PLAN NO. 10083 (2018-2019)
SCHEDULE 5: ASSESSMENT DISTRICT NO. 1027 — WATERMAN AND WASHINGTON
SUPPLEMENTAL ITEMS OF WORD
TOTAL PRICE
Quantity x
ITEM QUANTITY UNIT DESCRIPTION OFITEMS UNIT PRICE Unit Price)
1 30 EACH Replacement of Trees (15 gal.) per each 70.00 2,100.00
2 100 SQ.FT. Replacement of Turf per sq.ft 50 50.00
3 10 EACH Replacement of Shrubs (1 gal) per each 8.00 80.00
4 10 EACH Replacement of Shrubs (5 gal.) per each 16.00 160.00
5 11 FLAT Replacement of Ground Cover per flat 14.00 154.00
6 31 EACH Replacement of Sprinkler Heads: Pop-up
type, under 11", including necessary pipe,
fittings, etc., per each 10.00 i $ 310.00
7 31 EACH Replacement of Sprinkler Heads: Pop-up
type, 11" or over, including necessary pipe,
fittings, etc., per each 16.00 496.00
8 10 EACH Replacement of Sprinkler Heads : Rotor
type, under 11" including necessary pipe,
fittings, etc., per each 16.00 160.00
9 10 EACH Replacement of Sprinkler Heads : Rotor
type, 11" or over, including necessary pipe,
fittings, etc., per each $ 22.00 220.00
10 1 EACH Replacement of Sprinkler Heads: Shrubbery f
type, including necessary pipe, fittings, etc.,
per each ! $ 8.00
Cost of labor for irrigation system repair for
8.00
11 48 HOURS
EXTRA WORK per hour $ 25.00 1,200.00
TOTAL SUPPLEMENTAL ITEMS OF
WORK (SCHEDULE 5)
B)
4,938.00
TOTAL BID
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK (SCHEDULE 5) 16,938.00
17.g
Packet Pg. 525 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 11 ACCOUNT NUMBER 254-150-6037*5506
BID SCHEDULE
PLAN NO. 12028A (2017-18)
SCHEDULE 6: ASSESSMENT DISTRICT NO. 1045 - WATERMAN AND ORANGE SHOW
ITEM QUANTITY UNIT
1 1 L.S.
26,362 sq.ft. )
Z 1 1 1 L.S.
4,537 sq.ft. t)
3 1 1
2,684) sq.ft. f)
4 1 L.S.
BASIC BID
TOTAL
ANNUAL
DESCRIPTION OF ITEMS UNIT PRICE PRICE
Maintenance of lawns/turf and
irrigation system at the lump sum 237.00 2,844.00
price of : L.S. $
Maintenance of plants, shrubs,
groundcover and irrigation system, at 50.00 600.00
the lump sum price of: L.S. $
Maintenance of hardscape areas of
median; monument sign and
appurtenant lighting at the lump sum 100.00 1,200.00
price of : L.S. $
Maintenance of trees and irrigation
L.S. $
system at the lump sum price of: 40.00 480.00
TOTAL BASIC BID (
A) $
SCHEDULE 6) 5,124.00
17.g
Packet Pg. 526 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 12 ACCOUNT NUMBER 254-150-6037*5506
BID SCHEDULE
PLAN NO. 12028A (2017-18)
SCHEDULE 6: ASSESSMENT DISTRICT NO. 1045 — WATERMAN AND ORANGE SHOW
SUPPLEMENTAL ITEMS OF WORK
TOTAL PRICE
Quantity x
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
1 30 EACH Replacement of Trees (15 gal.) per each 75.00 2,250.00
2 200 SQXT. Replacement of Turf per sq.ft 80 160.00
3 10 EACH Replacement of Shrubs (1 gal.) per each 8.00 80.00
4 10 EACH Replacement of Shrubs (5 gal.)per each 16.00 160.00
5 25 FLAT Replacement of Ground Cover per flat 14.00 350.00
6 35 EACH Replacement of Sprinkler Heads: Pop-up
type, under 12", including necessary pipe,
fittings, etc., per each 10.00 350.00
7 35 EACH Replacement of Sprinkler Heads: Pop-up
type, 12" or over, including necessary pipe,
fittings, etc., per each $ 16.00 560.00
8 10 EACH Replacement of Sprinkler Heads: Rotor
type, under 12" including necessary pipe,
fittings, etc., per each 16.00 160.00
9 10 EACH Replacement of Sprinkler Heads: Rotor
type, 12" or over, including necessary pipe,
fittings, etc., per each 22.00 220.00
10 5 EACH Replacement of Sprinkler Heads: Shrubbery
type, including necessary pipe, fittings, etc.,
per each 8.00 40.00
11 48 HOURS Cost of labor for irrigation system repair for
EXTRA WORK per hour 25.00 1,200.00
5,530.00
TOTAL SUPPLEMENTAL ITEMS OF
WORK (SCHEDULE 6)
B)
TOTAL BID:
BASIC BID + SUPPLEMENTAL A+B)
ITEMS OF WORK (SCHEDULE 6) 10,654.00
17.g
Packet Pg. 527 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 13 ACCOUNT NUMBER 254-150-6055*5506
BID SCHEDULE
PLAN NO. 12058A (2017-18)
SCHEDULE 7: ASSESSMENT DISTRICT NO. 1059 - ORANGE SHOW AND TIPPECANOE
ITEM QUANTITY UNIT
1 1 L.S.
7,073 sq.ft. )
2 1 1 1 L.S.
BASIC BID
DESCRIPTION OF ITEMS UNIT PRICE
Maintenance of plants, shrubs, 175.00
groundcover and irrigation system, at
the lump sum price of: L.S.
Maintenance of trees and irrigation
system at the lump sum price of: 20.00
S
TOTAL BASIC BID (
A)
SCHEDULE 7)
TOTAL
ANNUAL
PRICE
900.00
i$
240.00
1,140.00
17.g
Packet Pg. 528 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 14 ACCOUNT NUMBER 254-150-6055*5506
BID SCHEDULE
PLAN NO. 12058A (2017-18)
SCHEDULE 7: ASSESSMENT DISTRICT NO. 1059 - ORANGE SHOW AND TIPPECANOE
SUPPLEMENTAL ITEMS OF WORK
TOTAL PRICE
Quantity x
ITEM QUANTITY
30
UNIT DESCRIPTION OF ITEMS UNIT PRICE Unit Price)
1 EACH Replacement of Trees (15 gal.) per each $ 75.00
Replacement of Shrubs (1 gal.) per each $ 8.00
Replacement of Shrubs (5 gal.) per each $ 16.00
2,250.00
2 10
10
EACH 80.00
3 EACH 160.00
4 25 FLAT Replacement of Ground Cover per flat 1 $ 14.00 350.00
5 35 EACH Replacement of Sprinkler Heads: Pop-
I.
up type, under 12", including necessary
pipe, fittings, etc., per each $ 10.00 $ 350.00
Replacement of Sprinkler Heads: Pop- 6 35 EACH
up type, 12" or over, including necessary
pipe, fittings, etc., per each $ 16.00 $ 560.00
7 10 EACH Replacement of Sprinkler Heads: Rotor
type, under 12" including necessary
pipe, fittings, etc., per each $ 16.00 160.00
8 10 EACH Replacement of Sprinkler Heads: Rotor
type, 12" or over, including necessary
pipe, fittings, etc., per each $ 22.00 $ 220.00
Replacement of Sprinkler Heads : 9 5 EACH
Shrubbery type, including necessary
pipe, fittings, etc,, per each $ 8.00 $ 40.00
Cost of labor for irrigation system repair1048HOURS
for EXTRA WORK per hour $ 25.00 $ 1,200.00
TOTAL SUPPLEMENTAL ITEMS
OF WORK (SCHEDULE 7)
B)
5,370.00
TOTAL BID:
BASIC BID + SUPPLEMENTAL
A+B)
ITEMS OF WORK (SCHEDULE
7) 6,510.00
17.g
Packet Pg. 529 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 15 ACCOUNT NUMBER 254-150-6025*5506
ADDITIVE NO.1
BIDSCHEDULE
PLAN NO. 11327 (2018-2019)
SCHEDULE 8: ASSESSMENT DISTRICT NO. 1038 - ORANGE SHOW AND ARROWHEAD
BASIC BID
TOTAL
ANNUAL
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE PRICE
t
1 1 L.S. Maintenance of lawns/turf and
45,225 sq.ft. t) irrigation system at the lump sum 339.41 4,073.00
price of : L.S. $
2 1 L.S. Maintenance of plants, shrubs,
30,155 sq.R. t) groundcover and irrigation system, at 100.00 1,200.00
the lump sum price of. L.S. $
p Maintenance of trees and irrigation
Ir
3 1 L.S.
system at the lump sum price of
L $
500.. 00 600.00
TOTAL BASIC BID (
A) $
SCHEDULE 8) 5,873.00
17.g
Packet Pg. 530 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 16 ACCOUNT NUMBER 254-150-6025*5506
ADDITIVE NO.1
BID SCHEDULE
PLAN NO. 11327 (2018-2019)
SCHEDULE 8: ASSESSMENT DISTRICT NO. 1038 — ORANGE SHOW AND ARROWHEAD
SUPPLEMENTAL ITEMS OF WORK
TOTAL PRICE
ITEM I QUANTITY UNIT DESCRIPTION OF ITEMS UNIT PRICE
Quantity x
Unit Price)
i 30 EACH Replacement of Trees (15 gal.) per each 75.00 2,250.00
2 200 f SQ.FT. Replacement of Turf per sq.ft 80 160.00
3 10 EACH Replacement of Shrubs (1 gal.) per each 8.00 80.00
4 10 EACH Replacement of Shrubs (5 gal.) per each S 16.00 160.00
5 25 FLAT Replacement of Ground Cover per flat 14.00 350.00
6 35 EACH Replacement of Sprinkler Heads : Pop-up
type, under 12", including necessary pipe,
fittings, etc., per each
EACH Replacement of Sprinkler Heads: Pop-up
10.00 S 350.00
7 35
type, 12" or over, including necessary
pipe, fittings, etc., per each
EACH Replacement of Sprinkler Heads : Rotor
16.00 560.00
8 10
type, under 12" including necessary pipe,
fittings,
100-00
etc., per each
EACH Replacement of Sprinkler Heads: Rotor
10.00 4 G8-6@'
9 10
type, 12" or over, including necessary
pipe, fittings, etc., per each 22.00 220.00
10 5 EACH Replacement of Sprinkler Heads:
Shrubbery type, including necessary pipe,
fittings, etc., per each
Cost of labor for irrigation system repair
8.00 40.00
11 48 HOURS
for EXTRA WORK per hour 25.00 1,200.00
TOTAL SUPPLEMENTAL ITEMS OF(
B) WORK (SCHEDULE 8)
S) 4?O .00
653&86 .
TOTAL BID :
BASIC BID + SUPPLEMENTAL A+B) l 1, 314 3 -0c'
ITEMS OF WORK (SCHEDULE 8) 3,
17.g
Packet Pg. 531 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PAGE 17 BID SUMMARY
BID SUMMARY
ALL SCHEDULES
Indicate Total Bid for each schedule in the spaces provided and the total of all schedules.
TOTAL BID:
SCHEDULE 1- AD 956
TOTAL BID:
I SCHEDULE 2 — AD 968
TOTAL BID:
j SCHEDULE 3 - AD 1016
TOTAL BID:
SCHEDULE 4 — AD 1023
i TOTAL BID:
s
SCHEDULE 5 — AD 1027
fTOTAL BID:
SCHEDULE 6 — AD 1045
18,360.00
f $ 2.680.00
I$
1,640.00
3,516.00
16, 938.00
10,654.00
TOTAL BID: $
SCHEDULE 7 — AD 1059 6,510.00
SUBTOTAL
3
I TOTAL BIDS — SCHEDULES 1 THROUGH 7 (A) 60,298.00
TOTAL BID:
ADDITIVE NO. 1 1 1, 3 t4 3- 00
Full
SCHEDULE 8 — AD 1038 ' -"-,W
TOTAL
SUM OF ALL SCHEDULES INCLUDING ADDITIVE NO. 1
A+B X84-99—
NOTE:
THE CITY RESERVES THE RIGHT TO COMMENCE MAINTENANCE WORK FOR ADDITIVE
NO. 1 (SCHEDULE 8) ANYTIME DURING THE TERM OF THIS CONTRACT, OR NOT TO
COMMENCE ANY MAINTENANCE. IF MAINTENANCE IS PERFORMED FOR ONLY A
PORTION OF THE TERM OF THIS CONTRACT, TOTAL PAYMENT AMOUNT FOR BASIC BID
SHALL BE PRORATED ACCORDINGLY.
THE CITY RESERVES THE RIGHT TO AWARD A CONTRACT TO THE LOWEST
RESPONSIBLE BIDDER FOR THE TOTAL OF THE TOTAL BASIC BIDS PLUS THE TOTAL OF
THE SUPPLEMENTAL ITEMS OF WORK (A) OR THE TOTAL OF THE TOTAL BASIC BIDS
PLUS THE TOTAL OF THE SUPPLEMENTAL ITEMS OF WORK PLUS THE TOTAL OF
ADDITIVE NO. 1 (A+B). BIDDER MUST SUBMIT BIDS FOR BOTH THE BASIC AND
SUPPLEMENTAL ITEMS OF WORK FOR ALL SCHEDULES INCLUDING ADDITIVE NO.
1.
17.g
Packet Pg. 532 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BID NOTES:
1. The total price must be extended for each item of work and the total of all items inserted in the space
provided.
2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work,
3. An estimate of the square footage involved in each Basic Bid item has been provided to assist
the Contractor but are not to be construed as actual quantities. The Contractor, by submitting
bid, has satisfied themselves of the actual character and quantity of work and the price bid will be
for the lump sum unit price.
4. An estimate of the quantities involved in each Supplemental Items of Work item has been
included for the bid comparison purposes only and no adjustment shall therefore be made in the
contract unit price for increased or decreased quantities,
17.g
Packet Pg. 533 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced
on, July1.2018 except as previously noted, and shall continue in a good and workmanlike manner for
the term of the contract.
The undersigned further agrees that in case of default in executing the con tract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall
be paid to the City of San Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF
CONTRACTORS,
T TCENSE NO. 960570
CLASSIFICATION C 27-D 49- C61
FIRM NAME: Willowbrook Landscape Inc.
BUSINESS ADDRESS: 14930 Farmington St Hesperia CA 92345
SIGNATURE OF BIDDER: l r Qu
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also
the names of the president, secretary, treasurer and manager thereof.
Dated 4-29
Telephone No. +., 760. 713-5686
2018
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO.1 DATE: _
ADDENDUM NO.2 _ DATE:
ADDENDUM NO.3 DATE=
17.g
Packet Pg. 534 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
DESIGNATION OF SUB -CONTRACTORS
In compliance with the provisions of Section 4100-4110 of the Public Contract Code of the State of
California, and any amendments thereof, each bidder shall set forth below the name and location of each
sub -contractor who will perform work or labor or render service to the Contractor.
Agency of
Name & Address MBE/WBE
Under Which Certification
Subcontractor and Number Sub -Contractor Sub -Contract Specific
Licensed (If Applicable) Phone No. Amount Sub -contract
17.g
Packet Pg. 535 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Willowbrook Landscape Inc.
BIDDER'S FIRM NAME
WORKER'S COMPENSATION INSURANCE
CERTIFICATION
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every emplover to be
insured against liability for Workers' Compensation or to undertake self-insurance before commencing
any of the work.
Contractor:
NAME OF FIRM: Willowbrook Landscape Inc.
BY: Nick Alvarado
TITLE: Presider;;
DATE: 4-29-2018
17.g
Packet Pg. 536 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid)
NON -COLLUSION AFFIDAVIT
To the City of San Bernardino, State of California, Department of Public Works:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
The he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
Signature of Bidder /
rip
Business Address
44o -e- r I— a 3 5
T
Place of Residence
Subscribed and sworn to before me this day of 52011
Ao W LovALAi
Notary Public in and for the County of
o State of California.
My Commission expires on A_, 20.
ANGEL GONZALES CCome.# M3844 'A
iy o NOTARY PU2LIC-CALIFORNIA U'
SAN EERNARDINO COUNTY
MY COMM. EXP. MAR. 19, 2019"
17.g
Packet Pg. 537 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
FORM OF BID BOND Bond No.: CMGB0002770
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Willowbrook Landscape Co., Inc.
as Principal, and Argonaut Insurance
Company _ _ as Surety, are hereby and
firmly bound unto the Cit% of San Bernardino , State of California, hereinafter referred to as "Obligee" in the penal
sum of ten percent 10% of the total amount of the bid of the Principal submitted to the Obligee for the work described
below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter into
a contract in writing, for the Area H - Maintenance of Landscaping and Appurtenant Facilities in Portions
No.loAssessmentDistrictNos.: 956, 968, 1016, .1023,1027, .1045, 1059 and 1038 Additive
Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents)
for which bids are to be opened on May l st, 2018
Insert date of opening)
NOW, THEREFORE,
a. If said Bid shall be rejected, or hi the alternate,
b. If said Bid shall be accepted and the Principal shall execute a contract
in. the Form of contract attached hereto (properly completed in accordance with said Bid }
and shall furnish a bond for his faithful performance of said contract,
and shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby
waive notice of any such extension.
Signed, this __27th day of _ April _. 20 18
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first mentioned. Argonaut Insurance Company
C/o CMGAk - 20335 Vrptura Blvd. Suite 426
Willowbrook Landscape Co., Inc. (SEAL) Woodlan *11s, A , 4 (SEAL;
Principal.
A
By: (
CJS `r-,rc` "
By: -
Signature Si a
O
4arao J i vr-'1Aabriell G dy, Attorr,-y-in-Fact
Printed Name and Title Print Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form.
Iflow, the term of this performance and payment bonds is for one year only. Optional renewal years will be
approved by the surety company and extended at their sole discretion.
17.g
Packet Pg. 538 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CMGB0002770 Argonaut Insurance Company $
0.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of
Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady. Shilo Lee Losino Stephanie H e Shear
Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is nam Ia*e, ft, make, execute, seal and deliver for and on
its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and ot*,underta4pgs in suretyship provided, however, that the
penal sum of any one such instrument executed hereunder shall not exceed the sum of:
10.000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the fQd6wlI & Re$olution adopted by the Board of Directors of Argonaut
Insurance Company:
L
RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to
execute powers of attorney, and such authority can be executed by use of facsimile igi aUtre, -khich may be attested or acknowledged by any officer or attorney, of
the Company, qualifying the attorney or attorneys named in the given power of attortae!y to execute in behalf of, and acknowledge as the act and deed of the
Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and'to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has causedits ° seal to be hereunto affixed and these presents to be signed by its duly authorized
officer on the 8th day of May, 2017.0.606*...,,,, Argonaut Insurance Company
SEAL.
by: tea
gnu *..w•`l,,,
STATE OF TEXAS
COUNTY OF HARRIS SS:
Joshua C. Betz, Senior Vice President
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came
THE ABOVE OFFICER OF THE: COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument,
and he acknowledged the execu6op of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed
to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in
the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
W`ra'4 KATHLEEN M.. MEEKS •`
Wn .rn+w
gO; :;; NQtarq Pubaic. State o! Texas (
Notary Public) VZ Comm. Expires 07-15-2021
o--tt,-
10"tZ, tNOtary 10 557902-8
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the
foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 27th day of April 2018
xgr -;OE
SEAL:
Sarah Heineman , VP -Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
17.g
Packet Pg. 539 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On APR 2 7 2018
Date
personally appeared .
before me, SHIRLEY GIGGLES, NOTARY PUBLIC
Here Insert Name and Title of the Officer
GABRIELLA GRADY
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/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 nd official seal.
SHIRLEY GIGGLES }
Notary Public California
Si natu
Zmrw
j Los Angeles County z 9yjSigofNotaryPublicCommission2163817
My Comm. Expires Sep 7. 2020
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
17.g
Packet Pg. 540 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
MBE/WBE INFORMATION - GOOD FAITH EFFORTS
The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a
Women Business Enterprise (WBE) Goal of 5% for this project. The information provided herein
shows that adequate good faith efforts were made.
A. The names and dates of each publication in which a request for MBE/WBE participation
for this project was placed by the bidder (please attach copies of advertisements or proofs
of publication):
Publications Dates oLAdvertisem_e..nt
13. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project
and the dates and methods used for following up initial solicitations to determine with certainty whether
the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations, etc.):
Names ofMBEIWBE Initial Solicitation Follow Up Methods
Solicited Dates and Dates
C. The items of work which the bidder made available to MBE/WBE firms, including, where
appropriate, any breaking down of the contract work items (including those items normally performed
by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation.
It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation
was made available to MBE/WBE firms.
Items of Work Breakdown of Items
17.g
Packet Pg. 541 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons 'for
the bidder's rejection of the MBE/WBE, and the firms selected for that work (pleas:
attach copies of quotes from the firms involved):
Firms Rejected
Firms Selected
E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or
insurance, and any technical assistance or information related to the plans, specifications
and requirements for the work which was provided to MBE/WBEs:
E. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies,
materials or related assistance or services, excluding supplies and equipment the MBE/WBE
subcontractor purchases or leases from the prime contractor or its affiliate:
17.g
Packet Pg. 542 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using certified MBEs/WBE firms (please attach copies of requests to agencies or
organizations, and any responses received, i.e., lists, Internet page download, etc.):
Name of Method /Date Results
Agency/Organization of Contact
Contact
H. Any additional data to support a demonstration of good faith efforts
use additional sheets if necessary ):
17.g
Packet Pg. 543 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Willowbrook Landcaoe Inc.
BIDDER'S FIRM NAME
REFERENCES
Date: 4-29-2018
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has
performed similar work within the past two years.
Public Agency's Contract Name, Title
Name & Address Type of Project Contract Amount Date Completed & Phone Number
i. County of San Bernardino Landscape Services $ 450.000.00_
200 Lena Rd
San Bernardino CA
2. City of San Bernardino Landscape Services $ 45,000.00
Public works Dep
3. $
Present Keith Evans
Superintendant
nnn an4 Ogg 2
Present Jim Gondos
Landscape Inspector
951-377-0173
17.g
Packet Pg. 544 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
PART II
SPECIAI:j PROVISIONS
17.g
Packet Pg. 545 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special Provisions set
forth herein, the "Landscape Cost Estimating" by Colton, and in accordance with the following Special
Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they
shall be understood to mean and refer to the following:
Agency/Owner - The City of San Bernardino.
Board - The Mayor and City Council for the City of San Bernardino.
Engineer - The City Engineer, Department of Public Works for the City of San Bernardino or
authorized designee.
Inspector - Authorized designee of the Engineer.
Laborator - The laboratory to be designated by the City of San Bernardino to test materials
and work involved in the contract.
Notice Advertising for Bids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works Construction, current
edition.
Landscape Cost Reference - "Landscape Cost Estimating" by Colton, current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent
and meaning specified in Section 1-2, "Definitions" in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and
these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such
conflicting portions.
1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the
responsibility of the City and is not a part of this contract.
1-D TOT LOT EQUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if
any, shall be the responsibility of the City and is not a part of this contract.
SP -1
17.g
Packet Pg. 546 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 2
BID REQUIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be
signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to
the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond
shall be given as a guarantee that the bidder will enter into the contract if his bid is approved and the
Mayor is authorized to execute the contract. In the event the bidder whose bid is approved refuses to
execute said contract, the use by the public of the improvements will be delayed and the public will
suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the
bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a
forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
2-B MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals
for participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution
No. 95-409 by the mayor and City Council of the City of San Bernardino, on 11-20-95. This outreach
program superseded Resolution No. 93-411 and the Standard Operating Procedures dated January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business
enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested
subcontractors of 15% MBE and 5% WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise, certified by Caltrans.
SP -2
17.g
Packet Pg. 547 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs),
Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate
in the performance of all City contracts. Bidders shall assist the City in implementing this policy by
taking all reasonable steps to ensure that all available business enterprises, including local MBEs and
WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good
faith efforts to reachout to MBEs, WBEs and all other business enterprises shall be determined by the
following factors:
1) The bidder attended pre -solicitation or pre-bid meetings, if any, scheduled by the City to
inform all bidders of the requirements for the project for which the contract will be awarded. The City
may waive this requirement if the bidder certifies it is informed as to those project requirements.
2) The bidder identified and selected specific items of the project for which the contract will be
awarded to be performed by sub -contractors to provide an opportunity for participation by MBEs,
WBEs and other business enterprises. The bidder shall, when economically feasible, divide total
contract requirements into small portions or quantities to permit maximum participation of MBEs,
WBEs and other business enterprises.
3) The bidder advertised for bids from interested business enterprises not less than ten calendar
days prior to the submission of bids, in one or more daily or weekly newspapers, trade association
publications, minority or trade oriented publications, trade journals, or other media specified by the City.
4) The bidder provided written notice of its interest in bidding on the contract to those
business enterprises, including MBEs and WBEs, having an interest in participating in such contracts.
All notices of interest shall be provided not less than ten calendar days prior to the date the
bids were required to be submitted. In all instances, the bidder must document that invitations for
sub -contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of
work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested MBEs,
WBEs and other business enterprises.
5) The bidder documented efforts to follow up initial solicitations of interest by contacting the
business enterprises to determine with certainty whether the enterprises were interested in performing
specific portions of the project.
6) The bidder provided interested enterprises with information about the Plans, Specifications and
requirements for the selected sub -contracting work.
7) The bidder requested assistance from organizations that provide assistance in the recruitment
SP -3
17.g
Packet Pg. 548 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the
submission of bids.
8) The bidder negotiated in good faith with interested MBEs WBEs and other business enterprises
and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the
city. As documentation the bidder must submit a list of all sub -bidders for each item of work
solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises.
9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business
enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor.
If the City has established expected levels of participation for MBE and WBE sub -contractors,
failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the
adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith
as set forth above,
In the event that the City is considering awarding away from the lowest bidder or not awarding a
contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the
good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract,
afford the bidder the opportunity to present evidence to the Mayor and City Council in a public hearing
of the bidders' good faith efforts in making its outreach. In no case should the City award away
pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of
participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined
in California Public Contract Code Section 2000(f) . Nothing herein restricts the discretion of the City
to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino
Municipal Code.
The directions set forth herein shall take effect immediately, and all City Departments shall modify
their implementation programs to the extent such programs are inconsistent with this policy.
17.g
Packet Pg. 549 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is approved by the Mayor and City Council with the Mayor
authorized to execute the contract shall file with the Engineer all required bonds and insurance policies
and execute the contract within 10 calendar days after receiving notification of the approval. Failure to
file the stipulated documents and execute the contract within the prescribed time shall constitute good
and sufficient grounds for recession of the award and payment of 10% of the bid to the City as
liquidated damages. Action by the Mayor and City Council in approving a bid and authorizing the City
Manager to execute a contract shall be deemed to obligate the bidder to proceed in accordance with the
bid bond to execute the contract and provide required documentation (e.g., insurance policies and
performance bond) to the City. No work shall be undertaken toward the completion of the contract, nor
subcontracts entered into, until the contract has been fully executed by both the Contractor and City.
3-B CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the
Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT
BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may
deposit with the City a cash amount equal to $500 or ten percent (10%) of the total amount bid for the
first year's maintenance, whichever is greater. The amount so deposited shall be retained by the City of
San Bernardino and will be returned to the Contractor upon completion of the term of the contract.
There will be no interest paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a
maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works.
3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is
encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
SP -5
17.g
Packet Pg. 550 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and
performance report relative to the project area. Contractor and Inspector shall meet at least once each
month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the
report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion.
4-D INSPECTIONS -- An inspection form will be completed by the Inspector every week. Any items
noted not to be in compliance with the specifications will be discussed immediately with the
Contractor's on site representative. Correction of these items shall be accomplished as set forth at
Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a
timely manner, shall constitute sufficient grounds for further action, up to and including termination of
the contract. Contractor or his representative shall also meet once each week on site for field inspections
with the Inspector to discuss and sign said inspection report. Failure on the part of the Contractor to
meet at the designated time and place will result in a 10% reduction in the monthly contract
payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking
responsible representative of the Contractor shall be designated in writing at the time this contract is
executed by the Contractor. This representative shall be considered as an agent of the Contractor with
authority to receive official notices and make binding agreements on the prosecution of the work. The
Inspector shall be given 5 days prior written notice of a change in such representative.
4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the
Contractor's personnel, and shall be so attired at all times, including all necessary safety attire,
equipment, and vehicles, which shall also bear the Contractor's State License number.
4-E ENFORCEMENT OF NON-COMPLIANCE -- Payment for any items of work not done in
compliance with this Agreement, or brought into compliance within the period of time allotted, may be
withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by
the City to correct the problem or for services not fulfilled by the Contractor. A statement will be
provided with the monthly payment describing the reason for withholding a portion of the payment and
a listing of the amount. (See also Section 6-E of these Special Provisions.)
4-F TERMINATION OF CONTRACT -- Failure to perform specified items of work as provided in
these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and
sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and
will be effective 15 calendar days after receipt of said notice.
Notification of any termination will be given to the surety, who shall have the right to take over the
contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract
within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance
services with the right to recover damages from the principal or the surety arising from the principal's
failure to perform.
SP -6
17.g
Packet Pg. 551 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted
November 21, 1994, the Mayor and City Council established a policy which states that any assessment
district landscape Contractor who has their contract terminated by the City for non-performance shall be
deemed a "non -responsible" bidder for a period of three years following the date of termination and will
not be allowed to submit a bid for any other assessment district landscape maintenance contract during
that period. A Contractor so deemed may appeal such finding in accordance with Chapter 2.64 of the
San Bernardino Municipal Code.
SP -7
17.g
Packet Pg. 552 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 5
LEGAL RE UIREMENTS
5-A LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability
Insurance" of the Standard Specifications, providing that the Contractor shall furnish the City with a
policy or certificate of liability insurance as prescribed therein, prior to the execution of the contract.
The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement
shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD
Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind
the insurance provider. (See attached sample forms.)
Following is the required minimum limits of Insurance:
Bodily Injury ...... $250,000 each person
500,000 each occurrence
500,000 aggregate products
and completed operations
Property Damage ... $100,000 each occurrence
250,000 aggregate
A combined single -limit policy with aggregate limits in the amount of $1,000,000 will be considered
equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in
Section 7-3 of the Standard Specifications.
5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to
Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the
Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and
its Subcontractors before execution of the contract.
5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and City Council of the City of San
Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby referred to
and made a part hereof by references as fully as though set forth at length herein, have ascertained and
determined the general prevailing rate of per diem wages, and of per diem wages for legal holidays and
overtime work for each craft or type of workman needed in the execution of contracts under jurisdiction
of said Mayor and City Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The Genera]
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof.
17.g
Packet Pg. 553 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
The Inspector shall have the right to interview any craft or worker on the project site in order to
verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage
shall comply with current rates and all updates. Also, the City retains the right to examine the
Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly
certified payrolls may be required by Inspector in the event of a problem becoming evident.
5-1) SAFETY REQUIREMENTS -- All work performed under this contract shall be performed in such
manner as to provide maximum safety to the public and the safety standards outlined in the Federal
OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work
under this contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his operations. Any hazardous conditions noted by the
Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909)
384-5111.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or
pesticides proposed for use under this contract for approval by the Inspector. This listing shall be
limited to chemicals approved by the State of California, Department of Agriculture and not appearing
on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and
generic formulation, California Registration No. and Chemical Abstract Service No. (Case #), and based
on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the
current San Bernardino County Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by the
Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify
or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or
pesticides and hereby specifically reserves to itself full rights against any party for any damages which
are proximately caused by the negligence or improper use of any such chemicals, herbicides or
pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector.
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained
from the County of San Bernardino Department of Agriculture and written permission has been obtained
from the Engineer.
5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it
will not discriminate against any employee or applicant for employment because of race, color, religion,
sex, marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such action
shall include, but not be limited to, the following: Recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, Contractor shall not exclude from participation
under this Agreement any employee or applicant for employment on the basis of age, handicap or
religion, in compliance with state and federal laws.
17.g
Packet Pg. 554 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
5 -II SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with Chapter 8.54 of
the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during
the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and City
Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but
not limited to trucks, mowers, weed eaters, blowers or other equipment that may or may not be owned
by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to
execution of the contract.
SP -10
17.g
Packet Pg. 555 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
aCae®U
DATE P AMIDD)
CERTIFICATE OF INSURANCE 02/15/98
PRODUCER
THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
COMMERCIAL ASSOCIATES INS, INC
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
FOR BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE1 % n 6 EAST LA PALMA AVE
COMPANY
A CNA-TRANSCONTINETAL
ANAHEIM, CA 9-1-807
1. —
INSURED
COMPANY
B CNA-VALLEY FORGE
INLAND LANDSCAPING SERVICES COMPANY
3000 CALIFORNIA STREET O CHUBB GROUP-FEDERAL INSURANCE
COMPANYSANBERNARDINO, CA 92407
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REOU}REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WH)CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MMIYYIDDI
POLICY EXPIRATION
DATE (FAW YYIO6)
UNITS
GENERAL LIABILITY GENERAL AGGREGATE $ 2, f! f-) 000
PRODUCTS-COIPWP AGG $1,000,000
A X COMMERCIAL GENERAL LUU3ILFTYCLANSMADEr7lOCCUR
x OWNER'S & CONTRACTOR'S PROT 1020:-75769 t ^ :1/G 02/01/.49
PERSONAL& ADV INJURY $ 1, 000, 0700
EACH OCCURENCE 1, 0 CO,0Lc
FIRE DAMAGE (Any ons fre) $ 5 p , til n 4I
Med exp(Any one person) S 5,C,00
AUTOKOB(LE LIAWLITY
COMBINED SINGLE LBAR $ 1,000,0,30
ANY AUTO
X ALL OWNED AUTOS
BODILY INJUTY $
IPer person)
X SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS c I. 9? 1 3 5LDAPJ11w..i 022/01/98 U 2/ 1, 1/ 9 9
BODILY INJURY $
IPes ao ldentl
PROPERTY ACCioFKT fri
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
dn ANANYAUTO
T $
EXCESS LIABILITY
A ALE $
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANDDTH•
EMPLOYER'S LIABILITY TORYLVsJ ER
EL EACH ACCIDENT #
THE PROPRIETOR)
PARTNERS/E.XECUTWE INCLFIEXCL EL DISEASE-POLICY LIMIT $
EL DISEASE. EA EMPLOYEE $ OFFICERS ARE:
OTHER
DESCRIPTION OF OP ERATION VLOCATIO NO.'VEHICLEWSP EC,UiL RE FRS.
JOB LOCATION: ALL CALIFORNIA OPERATIONS OF THE N74ME-D INSURED
RE: AD 2000, CONTRACT 9896
BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LTABILITY
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE
THE CITY OF SAN BERNARDINO
DEPARIMENT OF DEVELOPMENT SER7VICES
EXPIRATION DATE THEREOF, THE IS DING COMPANY WJLLE NW.4V0?s6M&L
10 DAYS WRITTEN NOTICE TO TtiE CERTIFICATE HOLDER NAtAFS. TO THE LEFT,
PUBLIC WCRKS DIVISION•
300 NORTH "D" STREET
AUTrQz(IZp REFIREE A E
J
SAN BERNTARDINO, CA 924112-CIGOI
ACORD 25-S (1195) @ ACORD CORPORATION 3988
SP -11
17.g
Packet Pg. 556 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
290 NORTH "D" STREET
SAN BERNARDINO, CA 92401
F'
If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or
for you.
NOTE: MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY
ALSO SUPPLY POWER OF ATTORNEY GIVING A UTHORITY TO BIND
CG 20 10 1185
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP -12
17.g
Packet Pg. 557 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 6
PAYMENTS/GENERAL
6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the
month the work is performed, or 21 days after approval by the Inspector, whichever occurs later. The
first payment may be pro -rated in accordance with the actual portion of the month worked. Request for
payments must be submitted each month and shall be hand delivered to the Inspector at the monthly
evaluation meeting.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
provided by the Inspector for extra work billing and the work must have been previously
approved as set forth in Section 6-1) below. Upon acceptance and approval of the billing by the
City, payment for Extra work will be made the following billing cycle.
6-13 PAYMENTS WITHHELD -- The City may withhold payment to such extent as may be necessary
to protect the City from loss due to:
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third parties against the
City arising from the performance of the Contractor or any subcontractor under this agreement.
3. Maintenance not being performed or completed.
6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and
shall be based upon actual damages and/or the amount and type of maintenance not completed.
Retention of payment for damaged irrigation components, or loss of any plant material may be released
to the contractor upon repair or replacement of the needed items or completion of work. Deductions for
incomplete or inadequate maintenance not performed at the required schedules shall be a permanent
deduction.
6-1) EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA
WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of
California Business and Transportation Agency, Department of Transportation, Division of
Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless
the extra work is done for a negotiated price. Prior approval shall be obtained in writing from the
Engineer, or his designee, before performing any extra work, except for urgently needed repairs to the
irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of
material invoices and rental receipts, if any, as backup for the amount charged Extra Work includes
repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or
replacement of items needing repair or replacement due to the Contractor's negligence or failure to
perform the scheduled maintenance and contractor shall be required to make necessary repairs or
replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall
make final determination if work needed is due to vandalism or contractor's negligence.
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price
SP -13
17.g
Packet Pg. 558 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing
landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to
Contractor's negligence shall be classified as Supplemental Items of Work. All supplemental work
performed shall be as directed by the Inspector and then Engineer.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard
Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be
made in the contract unit price for increased or decreased quantities of Supplemental Items of Work.
6-F PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his
operations.
6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance
elements of the maintenance contract. The Inspector will be responsible for checking the performance
of the Contractor to the established standards and reporting any lack of maintenance to the Engineer.
The Contractor will be notified of any maintenance failure and will have a reasonable amount of time,
as determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If
after said reasonable amount of time the problem has not been resolved, a formal notice of
noncompliance will be sent to the Contractor with a specific target date to resolve the problem. If the
problem is still present on the specific target date, the Inspector will notify the Engineer who will have
the option of terminating the contract and re- advertise for a new contractor. The necessity of sending
more than two (2) formal notices to the Contractor to correct a maintenance failure anywhere within the
contract area shall constitute grounds for termination of the contract. In such event, then the amount of
cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to
cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by
the Agreement.
6-H HOURS OF LABOR -- The Contractor shall conduct his operations during the hours specified in
Section 7-B-2.
6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such
capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work
required under this contract during the regular and prescribed hours. All such personnel shall be
physically able to do their assigned work. The Contractor and his employees shall conduct themselves
in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined
by the Inspector, with a company identifying marker. The Inspector may require the Contractor to
immediately remove from the work site any employee(s) observed to pose a threat to the public and
whose continued employment on the job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who may be a working
Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with
respect to performance of this contract. Adequate and competent supervision, as determined by the
Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment
of a first-class job.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in
the prices paid for the various contract items of work involved and no additional compensation will be
SP -14
17.g
Packet Pg. 559 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
allowed therefore.
64 ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or interpret any
provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court
costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the
City Attorney, and members of his office, in connection with that action shall be considered as attorney's
fees for the purpose of this agreement.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
SP -15
17.g
Packet Pg. 560 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 7
DESCRIPTION OF WORK
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and
irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive
condition and the irrigation system in a fully operational manner. All services shall be provided in a
good workmanlike manner, consistent with the standards of the industry as determined by the Inspector.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the
following:
7-B-1 Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; raking;
fertilization; weed control; control of all plant diseases and pests; mowing; edging; irrigation and
drainage systems; and all other maintenance required to maintain the contract areas in a safe, attractive,
usable, healthy and vigorous condition.
All other areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if any),
within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for
weeding.
Unimproved areas beyond described limits are not a part of this contract.
For unimproved areas within described limits, ten (10) feet from curb face shall be maintained
weed free by Herbicides and manual methods Herbicides shall be approved by the City prior to use
and only State of California licensed Pest Control Operators shall apply the Herbicides. Unimproved
areas to be maintained are shown on the Plan.
7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance
required under this contract from Monday through Friday and as specified in this Section of these
Special Provisions. Exceptions may be made to normal working hours (7:30 a.m. to 4:30 p.m.) where
incidence of use may be too great during the hours specified to allow for proper maintenance. The
Inspector may grant, on a case by case basis, permission to perform contract maintenance at other
hours.
7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance
of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of
any work required by these specifications, and any changes in scheduling shall be reported in writing, to
the Inspector immediately.
7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In
addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning
and other infrequent operations shall be furnished to the Inspector at least five (5) working days in
advance of performing these operations.
SP -16
17.g
Packet Pg. 561 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
7-B-5. The Contractor will be responsible for replacing trees and plant material due to over
watering, under watering or improper horticultural practices or neglect as determined by the Inspector at
Contractor's cost.
7-C MAINTENANCE SCHEDULES
The following items of work shall be performed by the Contractor with the frequency indicated:
Pick up of trash and debris
Complete Irrigation Test
Rodent Control
Irrigation Repair Check
Trimming/Pruning Trees/Shrubs
Fertilization - (small trees, shrubs, ground
cover)
Fertilization - (turf)
Weeding Slopes (all debris to be removed -
Slope Areas are as shown on Plan)
Weekly or as needed.
Note: Areas adjacent to high pedestrian
traffic may require more frequentpickup of
trash as determined by the inspector.
Weekly (with Inspector)
Weekly
Weekly, or as often as climatic conditions
require to ensure proper and adequate
irrigation. (e.g. daily during hot, dry
weather).
Every two months (areas adjacent to
sidewalks & right of way as needed)
Semi-annually
Quarterly
Monthly
Continual Weeding (all shrub/planter beds, Weekly
banks, and ALL other areas including
hardscape, sidewalks and expansion joints
not defined as slopes)
Raking beds; removal of leaves, pine Weekly
needles, etc.
Shrub/planter bed edging Semi-monthly
Sweeping/Blowing Walks Weekly
after mowing and edging)
Washing walks/Median Hardscape Monthly
SP -17
17.g
Packet Pg. 562 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Concrete Drainage channels cleaned
Spraying pre -emergent
Spraying for weeds
Turf mowing
Turf edging
Turf trimming
Turf aerification
Turf renovation * *
Overseeding
Pest control on trees
Leach Irrigation * * *
min. 12" of water)
As needed
Quarterly
As needed
Weekly
Weekly
Weekly
Annually (before July 15 or as directed by
Inspector)
Annually (before October 15 or as directed
by Inspector)
Annually (before October 15 or as directed
by Inspector)
As needed
4 Times Annually
With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
Lawn renovation shall include the following:
1. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Dates, location and necessity to be determined by the City. The City of San Bernardino shall be
responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and
leaching dates.
7-I) FUTURE WORD -- The cost of maintenance of landscaping which will be installed in the future
within those areas which are presently unimproved, if any, will be negotiated with the Contractor at the
time of City's acceptance of said improvements. However, the cost of maintenance shall not exceed the
unit price awarded under this contract. (i.e. same cost for irrigation components as awarded in this
contract; turf and/or ground cover shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to
SP -18
17.g
Packet Pg. 563 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully
operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the
contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded
facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this
construction. The Contractor shall provide maintenance up to the construction area and insure proper
irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by
others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated
by construction of hardscape shall be deducted from the gross area under the same provisions as
provided above for FUTURE WORK.
7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily eliminated or
modified within the maintenance area shall be negotiated with the Contractor under the same provisions
as provided above for FUTURE WORK.
SP -19
17.g
Packet Pg. 564 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and
Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall conform to the
Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area
Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless
approved otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic
control devices necessary to expedite passage of public traffic through the work area shall be considered
as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays,
and when maintenance operations are not actively in progress on working days.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and
shall make his own arrangements relative to keeping the working area clear of parked vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer, public
traffic will be better served and work expedited. Said modifications or alterations shall not be adopted
until approved in writing by the Engineer.
8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area.
Certain utility facilities in various locations within the project limits may be removed, relocated,
abandoned, or installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations.
However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations.
The utility locations shown on the original landscaping plans are correct to the best of our knowledge.
When in doubt, the Contractor shall contact the utility concerned before proceeding further.
SP -20
17.g
Packet Pg. 565 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Full compensation for conforming to the requirements of this Section, not otherwise provided for,
shall be considered as included in the lump sum prices paid for the work involved and no additional
compensation will be allowed therefore.
8-C -- REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or otherwise,
found within the landscaped areas from time to time shall be considered as trash and debris and shall be
removed by the Contractor as directed by the Inspector.
Full compensation for removal of such items shall be considered as included in the prices paid for the
various contract items of work involved and no additional compensation will be allowed therefore.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the provisions
in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
SP -21
17.g
Packet Pg. 566 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs, maintenance and supply all needed materials,
and perform the work as necessary in accordance with the following:
9-B The Inspector shall be immediately notified, of any damage suspected to be caused by accident,
vandalism, theft, or Act of God. Immediate notification of any such damage, prior to start of work
within the area, will serve to indicate the Contractor's belief that it was caused by factors beyond his
control. The City shall review the damage and/or request information from the Contractor in order to
establish the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related
to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following
sprinkler system components as needed, for no additional cost, under normal wear conditions as
determined by the Inspector:
Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi -outlet emission device, tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system
components due to his own negligence, including removal of anti theft devices.
9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism,
theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not
covered by an item of Supplemental Work, shall be paid for as Extra Work, in accordance with Section
6-A, "EXTRA WORK," of these Special Provisions.
Any replacement must conform to the type and kind of existing system, unless the use of anti -theft
or anti -vandalism devices have been authorized by the Inspector. Any other deviation must be
approved in writing by the Inspector.
9-F Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable;
however, failure of the existing irrigation system to provide full and proper coverage shall not relieve
SP -22
17.g
Packet Pg. 567 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
the Contractor of his responsibility. In the event of a failure of any irrigation component that would
prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until
the repair and/or replacement is accomplished.
9-G In those areas where an automatic sprinkler system is installed, the Contractor shall inspect weekly,
or more often if climatic conditions requires, for any damage to the system and for the operation of the
system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to
guarantee proper coverage and full working capacity, and make whatever adjustments which may be
necessary to prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated.
The periodic inspection may occur more often, but not less frequently, than one inspection each
week, in operation, with the Inspector. Care shall be exercised to prevent a waste of water or erosion.
Irrigation shall be accomplished as follows:
9-G1 Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and color
and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually
hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less
humidity or high winds, or during a prolonged high temperature period during the summer months).
9-G2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion.
9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a
manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of
shrub types, seasons and weather conditions.
9-G4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these
plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper
berms or basins where needed shall be maintained during the establishment period.
9-H The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for
proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate
irrigation. Such repairs will be made by the Contractor with same type/brand head, or approved equal
by the Inspector.
9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly
basis. This will include laterals, main lines, control valves, control wire, timer/controller and any other
items in the system. If any of the items mentioned in this paragraph are found to be defective or in
need of repair during the weekly inspections, said items shall be repaired immediately. All
materials or parts shall be the same brand or approved equal. Contractor shall notify the City Inspector
immediately before making any such repairs by calling 384-5111 _during orking hours.
9-1 Replacement of the various types of sprinkler heads shall be accomplished as directed by the
Inspector. New sprinkler heads shall be the same type, size and brand as the one to be replaced, except
for anti -theft or anti -vandalism devices as approved by the Inspector.
The unit price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and
SP -23
17.g
Packet Pg. 568 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A
new timer/controller shall be of the same model and manufacturer as the one to be replaced unless
otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in which case
the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be subject to
Extra Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK" shall be at
the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus material costs.
SP -24
17.g
Packet Pg. 569 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 10
SHRUBS AND GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as required to
maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no
projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain
plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with
their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by
the Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and Shrub Care"
and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction plans
and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,
and/or with the landscaping construction plans for the various subdivisions which are included within
this project, or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5
gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work involved in
removing and planting shrubs and ground cover and at the price indicated in the "SUPPLEMENTAL
ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
SP -25
17.g
Packet Pg. 570 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions.
11-B -- Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished
quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall
be approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi -wall paper bags, polyethylene lined for moisture
resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy
growth as determined by the Inspector or based on the results of the soil testing and at the times
specified below (or as otherwise directed by Inspector):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain
optimum spread. Notify the Inspector 2-3 days before application and submit bag tag.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (3" caliper and
smaller) within the designated work area shall be accomplished two (2) times per year with a
commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall
be approved by the Inspector.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material.
Fertilizer shall be applied at the times specified below:
October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer
material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
SP -26
17.g
Packet Pg. 571 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 12
LAWN/TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be
maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power -propelled reel -type
or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner
as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A
MULCH -MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF
INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers are to
provide a uniform, level cut no higher than three (3) inches, or as otherwise instructed by the Inspector,
but no more than 25% of existing growth to be removed in any one mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor
may request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing
frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a
schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days
prior to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care
should be taken during the renovation process to assure a neat and clean appearance to turf areas after
the renovation process has taken place.
12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October
15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's
approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure
to realize a minimum of 75% germination will require reseeding by the Contractor at no extra cost to the
City.
12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use where
turf is suffering from compaction, aerification may be necessary at more frequent intervals at no
additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous
growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days
prior to beginning work.
12 -II All grass clippings are to be picked up by means of the appropriate attachments to mowers or by
use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event
of the mulch -mowing as provided under Section 12-13, all clippings must be adequately fine-cut and
spread as to achieve a neat appearance.
SP -27
17.g
Packet Pg. 572 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences,
in excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's
negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of
work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf
removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing and placing
sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -28
17.g
Packet Pg. 573 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 13
SLOPE/BANK/DRAIN MAINTENANCE
13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material
located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to
be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS", IF ANY, ARE DELINEATED ON SAID
PLAN(S),
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely
cleaned as needed.
SP -29
17.g
Packet Pg. 574 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians,
undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per
manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be
maintained as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground
cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any
undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical
methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete
removal of all weed growth shall be accomplished within each seven (7) days. This section includes all
undesirable growth adjacent to curbs, gutters, and sidewalks.
SP -30
17.g
Packet Pg. 575 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
SECTION 15
TREES
15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner
as to promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a
part of this contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said
program is the selective and natural approach to pruning of all trees on site and includes pest and disease
control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of
the Inspector any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in
some manner, a safety hazard. Contractor shall notify the Inspector 48 hours prior to any pruning.
15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the
existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting.
Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree
growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball.
15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list
provided by the City of the type and location of trees to be replaced or as determined by the Inspector.
15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by
the contractor, shall be classified as supplemental items of work.
15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and
disease control, shall be at Contractor's expense.
15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to
the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action
taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as
directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic
bid price for tree maintenance.
15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section.
The unit price paid for replacing trees shall include full payment for all work involved in furnishing
and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
SP -31
17.g
Packet Pg. 576 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
CONTRACT
AGREEMENT
SP -32
17.g
Packet Pg. 577 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this(,041 day of n-, , 20 t8 ,
between the City of San Bernardino, (hereinafter "City") and
yQ1QV*r-0&Lq SCG, trio. , (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,
Contractor agrees with the City, at his own proper cost and expense to furnish any and all required labor,
materials, and transportation as set forth in the Special Provisions to be furnished by City, necessary to
complete in good workmanlike and substantial manner the
MAINTENANCE OF LANDSCAPING AND RELATED FACILITIES IN PORTIONS OF:
SCHEDULE 1, AD 956) -THE AREA EAST OF GAGE CANAL TO INCLUDE THE EAST END OF HARRIMAN
PLACE, HOSPITALITY LANE, BRIER DRIVE, TIPPECANOE AVENUE SOUTH OF BRIER DRIVE, AND THE
DRAINAGE BASIN ALONG THE I-10 FREEWAY; AND
SCHEDULE 2, AD 968) -THE MEDIAN STRIP OF AIRPORT DRIVE, BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST; AND
SCHEDULE 3, AD 1016) -THE NORTH SIDE OF COULSTON STREET BETWEEN ROSENA AVENUE AND
CURTIS STREET; AND
SCHEDULE 4, AD 1023) - SOUTH SIDE OF COULSTON AVENUE, BETWEEN ELM AVENUE AND
RICHARDSON STREET AND THE EAST SIDE OF ELM AVENUE, SOUTH OF COULSTON STREET; AND
SCHEDULE 5, AD 1027) - WATERMAN AVENUE, SOUTH OF COMMERCIAL ROAD; WASHINGTON AVENUE
BETWEEN WATERMAN AVENUE AND WIER ROAD AND PORTIONS OF COMMERCIAL ROAD, FOXCROFT
WAY, WIER ROAD, HERITAGE LANE AND CAROL WAY, ALL WITHIN TRACT NOS. 15991 AND 15826; AND
SCHEDULE 6, AD 1045) - THE EAST SIDE OF WATERMAN AVENUE AND THE MEDIAN IN WATERMAN
AVENUE ADJACENT TO TENTATIVE TRACT 17972; AND
SCHEDULE 7, AD 1059) - THE MEDIAN WITHIN ORANGE SHOW ROAD, BETWEEN TIPPECANOE AVENUE
AND THE NORTHERLY BOUNDARY OF PARCEL MAP NO. 17132; AND
SCHEDULE 8, (ADDITIVE NO. 1) AD 1038) - THE NORTH SIDE OF ORANGE SHOW ROAD, EAST OF
ARROWHEAD AVENUE, THE EAST SIDE OF ARROWHEAD AVENUE, NORTH OF ORANGE SHOW ROAD, THE
NORTH AND SOUTH SIDES OF ORANGE SHOW LANE, EAST OF ARROWHEAD AVENUE AND THE WEST SIDE
OF SIERRA WAY, NORTH OF ORANGE SHOW LANE, ALL WITHIN PARCEL MAP NO. 16222,
in accordance with (2018-2019) Special Provisions No. 6244 (Schedule 1, AD 956), 6738-A (Schedule
2, AD 968), 9363-A, (Schedule 3, AD 1016) , 9703 (Schedule 4, AD 1023), AND 10083 (Schedule 5,
AD 1027), -12028A (Schedule 6, AD 1045), 12058A (Schedule 7, AD 1059) 11327A (Schedule 8
Additive No. 1), AD 1038) on file in the Office of the City Engineer, Second Floor, 201B North "B"
Street, San Bernardino, and also in accordance with Standard Specifications for Public Works/
Construction, current edition, on file in the office of the City Engineer, and the "Landscape Cost
Estimating" by Colton, current edition, on file in the office of the Director of Public Works, which said
SP -33
17.g
Packet Pg. 578 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Plans, Special Provisions, Standard Specifications, and Landscape Cost Estimating are hereby especially
referred to and by such reference made a part hereof.
2. 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.
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 account of race, color, creed,
religion, sex, marital status, national origin, 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 of
practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or
employees in the performance of this contract.
3. 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 as set forth in the successful bid, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for
themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full
performance of the covenants herein contained.
4. 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 or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
5. Notices. All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
CITY
Director of Public Works
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
CONTRACTOR
Signatures follow on the next page)
SP -34
17.g
Packet Pg. 579 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
AGREEMENT FOR LANDSCAPE MAINTENANCE — AREA "H"
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and
the date first above written.
CONTRACTOR
Name of Firm:
rJI-
BY:
TITLE:
MAILING ADDRESS:
IYg3d J:;r0' ara 1 " s4
S{ "(, t ^ '7)L -,4,q5
PHONE NO: (l co 71-3 5 s n 9
CITY OF SAN BERNARDINO
BY: L14d, ILk
AND EA M. MILL R,City Manager
City of San Bernardino
ATTEST:
GEORGE HANN ,
City Clerk
Approved as to Form:
GARY D. SAENZ, City Attorney
BY:
SP -35
17.g
Packet Pg. 580 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
17.g
Packet Pg. 581 Attachment: Attachment 7 - Resolution No. 2018-147 (7337 : First Amendment to Landscape & Irrigation Maintenance Agreement-Willowbrook
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Amendments to Landscape & Irrigation Maintenance
Agreements–RP Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-144 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute the First
Amendment and a one year extension to the Vendor Service Agreement with RP
Landscape & Irrigation for landscape and irrigation maintenance services for 31 city -
owned sites; and the Second Amendment and a one year extension to the Vendor
Service Agreement for RP Landscape & Irrigation for landscape maintenance at the
City’s north, central and south park sites.
Background
On March 21, 2018, the Mayor and City Council approved Resolution 2018 -87 awarding
a contract to RP Landscape & Irrigation for the maintenance of landscape and irrigation
services for 31 city-owned sites in the amount of $206,975.00 with two optional one -
year extensions. These sites represent City-owned medians that are outside of
established maintenance assessment and community facility district areas.
On June 20, 2018, the Mayor and City Council approved Resolution 2018 -173 awarding
a contract to RP Landscape & Irrigation to provide landscape maintenance services to
the City’s North, Central and South park sites in the amount of $1,299.751.00 with two
optional one-year extensions. On August 19, 2020, the Mayor and City Council
approved Resolution 2020-210 authorizing Amendment No. 1 to the Agreement for
landscape maintenance of the City’s North, Central and South Park sites to include
maintenance services at Bryce Hanes Park in the amount of $32,787.00 for FY
2020/21.
Discussion
The Vendor Service Agreements in place with RP Landscape & Irrigation are set to
expire on June 30, 2021. In effort to better align the City contracts for Landscape
Maintenance, staff is requesting a one year extension to coincide with the expiration of
existing contracts. This will give staff the opportunity to put all of the landscape
contracts out to formal bid at the same time to secure the best possible pricing a nd
service for FY 2022/23. RP Landscape has agreed to honor current service pricing for
18
Packet Pg. 582
7338
Page 2
this extension period.
2020-2025 Key Strategic Targets and Goals
The recommended one year extension for landscape and irrigation maintenance is
consistent with Key Target No.1b: Financial Stability - Implement, maintain, and update
a fiscal accountability plan and create a framework for spending decisions as there are
no additional cost increases.
Fiscal Impact
There is no additional General Fund impact associated with this action. Funding for
these services is included in the Proposed FY 2021/22 Operating Budgets in both the
Gas Tax Fund and the General Fund.
Conclusion
Adopt Resolution No. 2021-144 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute the First
Amendment and a one year extension to the Vendor Service Agreement with RP
Landscape & Irrigation for landscape and irrigation maintenance services for 31 city -
owned sites; and the Second Amendment and a one year extension to the Vendor
Service Agreement for RP Landscape & Irrigation for landscape maintenance at the
City’s north, central and south park sites.
Attachments
Attachment 1 Resolution No. 2021-144
Attachment 2 Exhibit “A” - Amendment No. 1 - RP Landscape - 31 Sites
Attachment 3 Exhibit “B” - Amendment No. 2 - RP Landscape - Parks
Attachment 4 Resolution No. 2018-87 and Agreement
Attachment 5 Resolution No. 2018-173 and Agreement
Attachment 6 Resolution No. 2020-210
Ward: All
Synopsis of Previous Council Actions:
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-87 awarding
contract to RP Landscape & Irrigation
June 20, 2018 Mayor and City Council adopted Resolution 2018-173 awarding a
contract to RP Landscape & Irrigation for the landscape
maintenance of the City’s North, Central and South Park sites
August 19, 2020 Mayor and City Council adopted Resolution No. 2020-210
authorizing Amendment No. 1 to contract with RP Landscape &
Irrigation to include maintenance services at Bryce Hanes Park
18
Packet Pg. 583
RESOLUTION NO. 2021-____
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE FIRST AMENDMENT AND A ONE YEAR
EXTENSION TO THE VENDOR SERVICE AGREEMENT
WITH RP LANDSCAPE & IRRIGATION FOR
LANDSCAPE AND IRRIGATION MAINTENANCE
SERVICES FOR 31 CITY-OWNED SITES; AND THE
SECOND AMENDMENT AND A ONE YEAR EXTENSION
TO THE VENDOR SERVICE AGREEMENT FOR RP
LANDSCAPE & IRRIGATION FOR LANDSCAPE
MAINTENANCE AT THE CITY’S NORTH, CENTRAL
AND SOUTH PARK SITES
WHEREAS, the Public Works Department oversees the operations and maintenance of
City infrastructure; and
WHEREAS, the City currently contracts with a number of vendors to assist the Public
Works Department with critical repairs and services; and
WHEREAS, vendor service agreements must be approved through the City’s
procurement process; and
WHEREAS, on March 21, 2018, the Mayor and City Council approved Resolution
2018-87 awarding a contract to RP Landscape & Irrigation for the maintenance of landscape and
irrigation services for 31 city-owned sites in the amount of $206,975.00 with two optional one-
year extensions; and
WHEREAS, on June 20, 2018, the Mayor and City Council approved Resolution 2018-
173 awarding a contract to RP Landscape & Irrigation for the landscape maintenance of the
City’s North, Central and South Park sites in the amount of $1,299.751.00 with two optional
one-year extensions; and
WHEREAS, on August 19, 2020, the Mayor and City Council approved Resolution
2020-210 authorizing Amendment No. 1 to the Agreement with RP Landscape & Irrigation for
park landscape maintenance to include maintenance services at Bryce Hanes Park in the amount
of $32,787.00 for FY 2020/21; and
WHEREAS, the City Council now wishes to amend: (1) the existing Vendor Service
Agreement with RP Landscape & Irrigation for the maintenance of landscape and irrigation
services for 31 city-owned sites and (2) the existing Vendor Service Agreement with RP
Landscape & Irrigation for the landscape maintenance of the City’s Nort h, Central and South
Park sites in order to extend the term of each agreement.
18.a
Packet Pg. 584 Attachment: Attachment 1 - Resolution No. 2021-144 Amendments to Landscape & Irrigation Maintenance Agreements–RP Landscape (All
Resolution No. ___
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 to execute: (1) the
First Amendment to the Vendor Services Agreement attached hereto and incorporated herein as
Exhibit “A” with RP Landscape & Irrigation for the maintenance of landscape and irrigation
services for 31 city-owned sites and (2) the Second Amendment to the Vendor Services
Agreement attached hereto and incorporated herein as Exhibit “B” with RP Landscape &
Irrigation for the landscape maintenance of the City’s north, central and south park sites.
SECTION 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions,
and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. CEQA. 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. Effective Date. This Resolution shall become effective July 1, 2021 to
June 30, 2022.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
18.a
Packet Pg. 585 Attachment: Attachment 1 - Resolution No. 2021-144 Amendments to Landscape & Irrigation Maintenance Agreements–RP Landscape (All
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
18.a
Packet Pg. 586 Attachment: Attachment 1 - Resolution No. 2021-144 Amendments to Landscape & Irrigation Maintenance Agreements–RP Landscape (All
AMENDMENT NO. 1 TO
AGREEMENT FOR THE MAINTENANCE OF LANDSCAPE AND IRRIGATION
SERVICES FOR 31 CITY-OWNED SITES WITH RP LANDSCAPE & IRRIGATION
This Amendment No. 1 to the Agreement for the maintenance of landscape and
irrigation services for 31 city-owned sites is made and entered into as of March 30, 2021
(“Effective Date”) by and between the City of San Bernardino, a charter city and
municipal corporation (“City”) and RP Landscape & Irrigation, a sole proprietorship
(“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party”
and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated April 5 2018, for the purpose of providing the maintenance of landscape and
irrigation services for 31 city-owned sites (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an additional term of one year.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Full Force. Except as amended by this Amendment No. 1, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the
Parties under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No.
1 which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original execu ted copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
5. Counterparts. This Amendment No. 1 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
18.b
Packet Pg. 587 Attachment: Attachment 2 - Resolution 2021-144; Exhibit "A: - Amendment No. 1 - RP Landscape - 31 Sites (7338 : Amendments to Landscape
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO AGREEMENT FOR THE MAINTENANCE OF LANDSCAPE
AND IRRIGATION SERVICES FOR 31 CITY-OWNED SITES WITH RP LANDSCAPE
& IRRIGATION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
RP LANDSCAPE AND IRRIGATION
Signature
Name
Title
18.b
Packet Pg. 588 Attachment: Attachment 2 - Resolution 2021-144; Exhibit "A: - Amendment No. 1 - RP Landscape - 31 Sites (7338 : Amendments to Landscape
AMENDMENT NO. 2 TO
AGREEMENT FOR LANDSCAPE MAINTENANCE OF THE CITY’S NORTH,
CENTRAL AND SOUTH PARK SITES WITH RP LANDSCAPE & IRRIGATION
This Amendment No. 2 to the Agreement for landscape maintenance of the City’s
North, Central and South Park sites is made and entered into as of March 30, 2021
(“Effective Date”) by and between the City of San Bernardino, a charter city and
municipal corporation (“City”) and RP Landscape & Irrigation, a sole proprietorship
(“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party”
and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement,
dated June 20, 2018, for the purpose of providing landscape maintenance of the City’s
North, Central and South Park sites (the “Master Agreement”).
B. WHEREAS, the City and the Vendor have entered into an Amendment
No. 1 to the Master Agreement, dated August 19, 2020 , for the purpose of amending
the Scope of Service to include Maintenance Services at Bryce Hanes Park in the
amount of $32,787 for FY2020/21 ($3,278.70 per month).
C. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an additional term of one year.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants,
conditions, and promises contained in this Amendment No. Two and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through June 30, 2022, unless earlier terminated.
3. Full Force. Except as amended by this Amendment No. 2, all provisions
of the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and s hall govern the actions of the
Parties under this Amendment No. 2.
4. Electronic Transmission. A manually signed copy of this Amendment No.
2 which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an
electronic signature.
18.c
Packet Pg. 589 Attachment: Attachment 2 - Resolution 2021-144: Exhibit "B" - Amendment No. 2 - RP Landscape - Parks (7338 : Amendments to Landscape &
5. Counterparts. This Amendment No. 2 may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
18.c
Packet Pg. 590 Attachment: Attachment 2 - Resolution 2021-144: Exhibit "B" - Amendment No. 2 - RP Landscape - Parks (7338 : Amendments to Landscape &
SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO AGREEMENT FOR LANDSCAPE MAINTENANCE OF
THE CITY’S NORTH, CENTRAL AND SOUTH PARK SITES WITH
RP LANDSCAPE & IRRIGATION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
VENDOR
RP LANDSCAPE & IRRIGATION
Signature
Name
Title
18.c
Packet Pg. 591 Attachment: Attachment 2 - Resolution 2021-144: Exhibit "B" - Amendment No. 2 - RP Landscape - Parks (7338 : Amendments to Landscape &
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-87
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO RP LANDSCAPE &
IRRIGATION FOR THE MAINTENANCE OF LANDSCAPE AND IRRIGATION
SERVICES FOR 31 CITY -OWNED SITES IN THE AMOUNT OF $206,975.00, WITH
TWO OPTIONAL ONE-YEAR EXTENSIONS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. RP Landscape & Irrigation is the lowest responsible bidder for
Maintenance of Landscape and Irrigation for 31 City Owned Sites, per Plan No. 13178. A
contract, attached hereto as Exhibit "A" and incorporated herein by reference, is awarded
accordingly to said bidder in an annual amount of $165,580.00 to be prorated for a total of
206,975.00 for the initial term beginning on April 1, 2018, through June 30, 2019. All other
bids for said contract, therefore, are hereby rejected.
SECTION 2. The City Manager is hereby authorized to execute said contract.
SECTION 3. This contract may be extended by the City Manager for two additional
one year terms in the manner and on the terms set forth in the contract.
SECTION 4. The above authorizations are rescinded if the parties to the contract fail
to file a fully executed copy of said contract with the City Clerk with in sixty (60) days of the
passage of this Resolution.
1
18.d
Packet Pg. 592 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
1
2
3
4
5
6
7
8
9
10
11
12
13
1.4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AWARDING A CONTRACT TO RP LANDSCAPE &
IRRIGATION FOR THE MAINTENANCE OF LANDSCAPE AND IRRIGATION
SERVICES FOR 31 CITY OWNED SITES IN THE AMOUNT OF $206,975.00, WITH
TWO OPTIONAL ONE YEAR EXTENSIONS
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
21St day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
X
X
ABSTAIN ABSENT
Georgeann hl6ma, CMC, ity Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
u
R. Carey Davi;
iaidino
ayor
City of San Be
4
18.d
Packet Pg. 593 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
MAINTENANCE OF LANDSCAPE & IRRIGATION
FOR
31 CITY OWNED SITES
It is the intent of these Technical Specifications that the maintenance of landscaping and irrigation
systems shall be adequate to maintain the landscaping in a healthy and operational manner.
All services shall be of a quality and manner of high caliber, consistent with the standards of the
industry as determined by the Director of Public Works or his designee.
Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 201 North "E" Street, San
Bernardino, California, with the specification title and number and "SEALED BID" clearly marked on
the outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 P.M. on Tuesday_._ Januar 30 2018 at
which time all of said bids or proposals will be publicly opened, examined and declared in the City
Engineer's Conference Room.
No bid will be received unless it is made on a proposal form furnished by the City. All bids or
proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond
made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash,
check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him.
In the event the bidder refuses to execute said contract, the use by the public of the improvements will
be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the
above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and
not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company
having a rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No.
90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by
references as fully as though set forth at length herein, have ascertained and determined the general
prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each
craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and
Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof .The Contractor may substitute securities for any monies withheld by the
Agency to ensure performance under the contract as provided for in Section 22300 of the California
SP -1
18.d
Packet Pg. 594 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Government Code and Section 10263 of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any
Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and
mechanics employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, national origin, sex, age, or marital status as set
forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San
Bernardino.
The Annual Landscape Maintenance contract will be for the period of December 1, 2017 through June
30, 2018. The contract term is for one year, with the option of renewable for up to a maximum of two
2) additional one year periods by mutual agreement between the Director of Public Works and
Contractor. Contract renewal costs to be negotiated at the time of each such renewal.
A Mandatory Pre -Bid meeting will be held on TuesdaN . Januar 23. 2018, at 2:00 P.M., at the office
of the City Engineer, City Hall, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. This
meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of
subcontracting and material supply opportunities and to make the prime contractor aware of the City's
outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting
is mandatory. Attendance and/or certification may be used as part of the good faith effort.
There will also be a non -mandatory pre -.bid field review, following the pre-bid meeting. Due to the large
number of City owned sites, the field review may be continued the following day, at 9:00 am, at the
office of the City Engineer, Second Floor, 201 North "E" Street, San Bernardino, CA 92401.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations
from contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY
reserves the right to take all bids under advisement for a period of 90 calendar days
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be
allowed to submit a bid for any other assessment district landscape maintenance contract during that
period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time fame as determined by the Inspector,
but not to exceed 90 days.
Contractor must submit along with bid, copies of the California Agricultural Pest Control Certificate,
for the person(s) or firth performing the work), and copies of certificates for chemical applications from
the County of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at:
www.ei.san-bemardino.c&us/services/rocluest for bids/public works/default.asp. Conversely, the
Project documents are also available on CD, at no cost, if picked up in person. Upon request, a CD of
SP -2
18.d
Packet Pg. 595 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
the Plans and Special Provisions may be mailed for an additional fee of $10.
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CITY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the
scheduled day of the Bid Opening. Only those firms listed on the CITY's "LIST OF PLAN
HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for
this Project.
The Contractor shall possess a Class C-27 License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work
and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive
and healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
Specific questions regarding this project should be submitted in writing to the City Engineer's
Office as follows:
City Engineer's Office
2nd Floor, San Bernardino City Hall
201 North `B" Street
San Bernardino, CA 92401
Attention: Jim Gondos
Tel: (951) 377-0173 Fax: (909) 384-5190
E-mail:o Ja@sbcity.org
Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must
be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions,
submitted after the bid opening, will not be treated as a bid protest.
Written responses will only be provided to written questions. No written response will be
provided to verbal questions.
NOTICE TO ADVERTISE
SPECIFICATION NO. 13178
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE: 01-03-2018 & 01-08-2018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE DATE__
CITY OF SAN BERNARDINO
City Clerk
18.d
Packet Pg. 596 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
FILE NO.:1.0088
ACCT. NO: 126-400-5502-0088-0025
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
BID AND CONTRACT DOCUMENTS
PLANS AND SPECIAL PROVISIONS NO. 13178
FOR
MAINTENANCE OF LANDSCAPE & IRRIGATION
FOR
31 CITY OWNED SITES
DEPARTMENT OF PUBLIC WORKS
CITY OF SAN BERNARDINO
OCTOBER, 2017
BIDS WILL BE RECEIVED UP TO THE HOUR OF 2:00 PM
ON JANUARY 30.2018
18.d
Packet Pg. 597 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
DESCRIPTION OF THE COMPONENTS
OF THESE
PLANS AND SPECIAL PROVISIONS
The `BID and CONTRACT DOCUMENTS" for this project consists of five (4) parts as follows:
PART I — Administration
PART Il — Special Provisions - General Instructions To Bidders
Technical Instructions
APPENDIX - Apprenticeship & Recycle Standards
CONTRACT AGREEMENT
The above 4 parts are bound together in one (1) manual titled
BID AND CONTRACT DOCUMENTS"
18.d
Packet Pg. 598 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
TABLE OF CONTENTS
PART I
ADMNISTRATION
NOTICE INVITING SEALED BIDS
INSTRUCTIONS TO BIDDERS
BID DOCUMENTS
A-1
IB -1
BID FOR UNIT PRICE CONTRACT B-1
SCOPE OF WORK B-3
BID FORM B-4
BID SCHEDULE B-5
BIDDER'S INFORMATION AND SIGNATURE
BIDDER'S INITIALED ACKNOWLEDGEMENT OF ADDENDUMS C-1
SPECIAL NOTICE C-2
DESIGNATION OF SUBCONTRACTORS C-3
WORKERS' COMPENSATION INSURANCE CERTIFICATION C-4
NON -COLLUSION AFFIDAVIT C-5
GENERAL PROVISIONS
PART II
SPECIAL PROVISIONS
SECTION 1 - Specifications and Plans
SECTION 2 - Proposal Requirements and Conditions
SECTION 3 - Award and Execution of Contract
SECTION 4 - Supervision of Work
SECTION 5 - Legal Requirements
SECTION 6 - Payments/General
SECTION 7 - Description of Work
SECTION S - Technical Specifications
SECTION 9 - Irrigation/System
SECTION 10 - Shrubs and Ground Cover Plants
SECTION 11 - Fertilizer and Pest Control Agents
SECTION 12 - Lawn/Turf
SECTION 13 - Slope/Bank/Drain Maintenance
SECTION 14 - Weed Control
SECTION 15 — Trees
18.d
Packet Pg. 599 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
APPENDIX
31 CITY OWNED LOCATIONS LIST
APPRENTICESHIP PROGRAM FOR PUBLIC WORKS CONSTRUCTION
CONTRACT AGREEMENT
18.d
Packet Pg. 600 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that the City of San Bernardino will receive bids or proposals for:
MAINTENANCE OF LANDSCAPE & IRRIGATION
FOR
31 CITY OWNED SITES
It is the intent of these Technical Specifications that the maintenance of landscaping and irrigation
systems shall be adequate to maintain the landscaping in a healthy and operational manner.
All services shall be of a quality and manner of high caliber, consistent with the standards of the
industry as determined by the Director of Public Works or his designee.
Deliver all bids to the City Engineer's Office, Second Floor, City Hall, 201 North "E" Street, San
Bernardino, California, with the specification title and number and "SEALED BID" clearly marked on
the outside of the envelope.
Said bids or proposals will be received up to the hour of 2:00 P.M. on TuesdaN . January, 30 2018 at
which time all of said bids or proposals will be publicly opened, examined and declared in the City
Engineer's Conference Room.
No bid will be received unless it is made on a proposal form furnished by the City. All bids or
proposals shall be signed, sealed and accompanied by cash, cashier's check, certified check or bid bond
made payable to the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash,
check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded to him.
In the event the bidder refuses to execute said contract, the use by the public of the improvements will
be delayed, and the public will suffer great damage. From the nature of the case, it would be extremely
difficult and impractical to fix said amount of damage. Therefore, the City and the bidder agree that the
above sum of 10% shall be paid to the City upon the condition above set forth as liquidated damages and
not as forfeiture. All bonds furnished pursuant to this notice must be underwritten by a surety company
having a rating in Best's most recent Insurance Guide of "A" or better.
Pursuant to law, the Mayor and Common Council of the City of San Bernardino, by Resolution No.
90-358 and any and all amendments thereto which are hereby referred to and made a part hereof by
references as fully as though set forth at length herein, have ascertained and determined the general
prevailing rate of per diem wages, and of per diem wages for legal holidays and overtime work for each
craft or type of workman needed in the execution of contracts under jurisdiction of said Mayor and
Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof
The Contractor may substitute securities for any monies withheld by the Agency to ensure performance
under the contract as provided for in Section 22300 of the California Government Code and Section
10263 of the California Public Contract Code.
It shall be mandatory upon the Contractor to whom the contract is awarded and upon any
18.d
Packet Pg. 601 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Sub -Contractor under him to pay not less than said specified rates to all laborers, workers, and
mechanics employed by them in the execution of the contract, and to prevent discrimination in the
employment of persons because of race, creed, color, national origin, sex, age, or marital status as set
forth in the provisions of Resolution No. 90-358 of the Mayor and Common Council of the City of San
Bernardino.
The Annual Landscape Maintenance contract will be for the period of December 1, 2017 through June
30, 2018. The contract term is for one year, with the option of renewable for up to a maximum of two
2) additional one year periods by mutual agreement between the Director of Public Works and
Contractor. Contract renewal costs to be negotiated at the time of each such renewal.
A Mandator% Pre -Bid meeting will be held on Tuesday. Januar. 23. 2018, at 2:00 P.M., at the office
of the City Engineer, City Hall, Second Floor, 201 North "E" Street, San Bernardino, CA 92401. This
meeting is to serve as a pre-bid review for prospective bidders and also to inform MBEs/WBEs of
subcontracting and material supply opportunities and to make the prime contractor aware of the City's
outreach program as it relates to minority hiring and participation. Bidder's attendance at this meeting
is mandatory. Attendance and/or certification may be used as part of the good faith effort.
There will also be a non -mandatory pre-bid field review, following the pre-bid meeting. Due to the large
number of City owned sites, the field review may be continued the following day, at 9:00 am, at the
office of the City Engineer, Second Floor, 201 North `B" Street, San Bernardino, CA 92401.
The City of San Bernardino reserves the right to waive any informalities or inconsequential deviations
from contract specifications or to reject any and all bids.
No bidder may withdraw his bid within 60 calendar days from the date of the bid opening. The CITY
reserves the right to take all bids under advisement for a period of 90 calendar days
Any Contractor who has their contract terminated by the City for non-performance shall be deemed a
non -responsible" bidder for a period of three years following the date of termination and will not be
allowed to submit a bid for any other assessment district landscape maintenance contract during that
period.
The condition of the maintenance area is as it exists. Potential bidders are encouraged to familiarize
themselves with all areas. The successful bidder will be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
Contractor must submit along with bid, copies of the California Agricultural Pest Control Certificate,
for the person(s) or firm performing the work), and copies of certificates for chemical applications from
the County of San Bernardino.
Electronic copies of the above documents are available to be downloaded (copied), at no cost, from the
CITY's website at:
Conversely, the
Project documents are also available on CD, at no cost, if picked up in person. Upon request, a CD of
the Plans and Special Provisions may be mailed for an additional fee of $10.
It is the responsibility of firms wishing to bid on this Project to provide a firm name, physical address,
contact person, phone number, fax number and email address for inclusion on the CffY's List of Plan
Holders. The above listed information and confirmation of receipt of any issued addendum to the City
Engineer's Office shall be submitted to the CITY a minimum of one (1) business day prior to the
18.d
Packet Pg. 602 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
scheduled day of the Bid Opening. Only those funis listed on the CITY'S "LIST OF PLAN
HOLDERS" and providing confirmation of any issued addendum shall be eligible to submit bids for
this Project.
The Contractor shall possess a Class C-27 License at the time the contract is awarded.
The Contractor shall furnish all equipment and supplies required to perform the specified items of work
and to maintain the irrigation system in a fully operational manner and all landscaping in an attractive
and healthy condition.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and classification of
personnel and the names and telephone numbers of three (3) references for projects of a similar nature.
Specific questions regarding this project should be submitted in writing to the City Engineer's
Office as follows:
City Engineer's Office
2nd Floor, San Bernardino City Hall
201 North "E" Street
San Bernardino, CA 92401
Attention: Jim Gondos
Tel: (951) 377-0173 Fax: (909) 384-5190
E-mail: gondosia(@,sbci ,r.org
Inquiries or questions based on alleged patent ambiguity of the Plans or the Special Provisions must
be communicated as a bidder inquiry prior to the bid opening. Any such inquiries or questions,
submitted after the bid opening, will not be treated as a bid protest.
Written responses will only be provided to written questions. No written response will be
provided to verbal questions.
NOTICE TO ADVERTISE
SPECIFICATION NO. 13178
SHALL APPEAR IN THE FIRST ISSUE NOT LATER THAN
DATE: 01-03-2018 & 01-08-2018
SECOND PUBLICATION FIVE DAYS LATER
SIGNATURE _ _ _ _ . DATE_ _ --
CITY OF SAN BERNARDINO
City Clerk
18.d
Packet Pg. 603 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
INSTRUCTIONS TO BIDDERS
18.d
Packet Pg. 604 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
INSTRUCTIONS TO BIDDERS
1. ReceiG t and Ooenige of Bids
The City of San Bernardino, California (the owner herein called the "CITY"), invites bids on the
form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by
the CITY at the Office of the City Engineer, 2nd Floor of City Hall until 2:00 p.m.. Tuesdal,
January 30. 2018, and then publicly opened and read aloud in the City Engineer's Conference
Room, 3'd Floor of City Hall.
All bids shall be delivered to the City Engineer's Office, Second Floor, City Hall, 201 North "E"
Street, San Bernardino, California, with the bidder's name and address, the specification title and
number and "SEALED BID " clearly marked on the outside of the envelope for the following
project:
PLANS & SPECIAL PROVISIONS NO. 13178
MAINTENANCE OF LANDSCAPE & IRRIGATION
FOR 31 CITY OWNED SITED
The CITY may consider informal any bid not prepared and submitted in accordance with the
provisions hereof and may waive any informalities or reject any and all bids. Any bids may be
withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder may
withdraw a bid within 60 calendar days after the actual date of opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed bid document forms and accompanied by the
required bid contract documents following the bid forms. All blank spaces for bid prices must be
filled in, in ink or typewritten, with unit prices both in words and figures, and all contract
documents must be fully completed and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his
address, and the name of the project for which the bid is submitted. If forwarded by mail, the
sealed envelope containing the bid must be enclosed in another envelope addressed as specified in
the bid form and mailed in sufficient time to reach the City Engineer's Office, 2nd Floor of City
Hall prior to the day and hour of the scheduled Bid Opening.
Ra
18.d
Packet Pg. 605 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
3. Subcontracts
The bidder is specifically advised that for any person, firm, or other party, to whom it is proposed
to award a subcontract under this contract, the following applies:
a. Must be acceptable to the CITY, and;
b. Must submit CERTIFICATION BY PROPOSED SUBCONTRACTOR
REGARDING EQUAL EMPLOYMENT OPPORTUNITY. Approval of the
proposed subcontract award cannot be given by the CITY unless and until the
proposed subcontractor has submitted the Certification and/or other evidence
showing that it has fully complied with any reporting requirement to which it is
or was subject.
Although the bidder is not required to attach such Certifications by proposed subcontractors to his
bid, the bidder is advised of this requirement so that appropriate action can be taken to prevent
subsequent delay in subcontract awards.
4. Withdrawal of Bids
A bid may be withdrawn by a written request signed by the Bidder. Such requests must be
delivered to the CITY's designated official prior to the bid opening hour stipulated in the "Notice
Inviting Sealed Bids" or an amended date and hour stipulated in a signed addenda to the Special
Provisions. The withdrawal of a bid will not prejudice the right of the Bidder to submit a new bid,
providing there is time to do so. Bids may not be withdrawn after said bid opening hour without
forfeiture of the bidder's bid guarantee.
5. Oualifications of Bidder
The CITY may make such investigations as he deems necessary to determine the ability of the
bidder to perform the work, and the bidder shall furnish to the CITY all such information and data
for this purpose, as the CITY may request. The CITY reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder fails to satisfy the CITY that such bidder is
properly qualified to carry out the obligations of the contract and to complete the work
contemplated therein. Conditional bids will not be accepted.
MA
18.d
Packet Pg. 606 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
6. Bid Security
Each bid must be accompanied by cash, cashier's check, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and
having as surety thereon a surety company approved by the CITY, in the amount of 10% of the bid.
Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three
days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned
promptly after the CITY and the accepted bidder have executed the contract, or, if no award has
been made within 90 days after the date of the opening of bids, upon demand of the bidder at any
time thereafter, so long as he has not been notified of the acceptance of his bid.
7. ILiquidated Damages for Failure to Enter Into Contract
The successful bidder, upon his failure to refusal to execute and deliver the Contract and bonds
required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the
CITY, as liquidated damages for such failure or refusal, the security deposited with his bid
8. Time of Completion and Liquidated Dama+es
Bidder must agree to commence work on or before a date to be specified in a written "Notice to
Proceed" of the CITY and to fully prosecute the work for the term of the contract, except as
otherwise specifically provided. Time is of the essence of each provision of this agreement, which
specifies a time within which performance is to occur. In the absence of any specified time frame
for performance, performance shall be made within a reasonable time. Bidder must agree also to
pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as
hereinafter provided in the General Conditions.
9. Conditions of Work
Each bidder must inform himself fully of the conditions relative to the construction of the project
and the employment of labor thereon. Failure to do so will not relieve a successful bidder to his
obligation to furnish all material and labor necessary to carry out the provisions of this contract.
Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as
will not cause any interruption of or interference with the work of any other Contractor.
10. Obligation_ of Bidder
At the time of the opening of bids, each bidder will be presumed to have inspected the site and to
have read and to be thoroughly familiar with the Plans and Contract Documents (including all
addendums). The failure or omission of any bidder to examine any form; instrument or document
shall in no way relieve any bidder from any obligation in respect of his bid.
18.d
Packet Pg. 607 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
11. Addenda and Interpretation
No other interpretation of the meaning of the Plans, Specifications, or other pre-bid documents will
be made to any bidder orally. Every request for such interpretation should be in writing addressed
to the City Engineer, City Hall, 201 North "E" Street,
2nd Floor, San Bernardino, California, 92401-
0001; and to be given consideration, must be received at least six(6) working days prior to the date
fixed for the opening of bids. Any and all such interpretations and any supplemental instructions
will be in the form of written addenda to the Special Provisions which, if issued, will be mailed by
certified mail with return receipt requested to all prospective bidders (at the respective addresses
furnished for such purposes) not later than three (3) days prior to the date fixed for the opening of
bids. Failure to any bidder to receive any such addendum or interpretation shall not relieve such
bidder from any obligation under his bid as submitted. All addenda so issued shall become part of
the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety
bond or bonds as security for faithful performance of this contract and for the payment of all
persons performing labor on the project under this contract and furnishing materials in connection
with this contract, as specified in the Document List and Section 3, "Award and Execution of
Contract", in PART II of the Special Provisions included herein. The surety on such bond or bonds
shall be a duly authorized surety company satisfactory to the CITY.
13. Power of Attornev
Attorneys -in -fact who sign bid bonds or payment and performance contract bonds must file with
each bond a certified and effectively dated copy of their power of attorney.
14. Notice of Special Conditions
Attention is particularly called to those parts of PART I and PART II of the SPECIAL
PROVISIONS which deal with the following:
a) Inspection and testing of materials
b) Insurance requirements
c) Wage rates
d) Stated allowances
15. Laws and Reculations
The bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances,
and the rules and regulations of all authorities having jurisdiction over construction of the project
shall apply to the contract throughout, and they will be deemed to be included in the contract the
same as though herein written out in full.
18.d
Packet Pg. 608 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
BID DOCUMENTS
18.d
Packet Pg. 609 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
BID FORM
TO THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO
The undersigned declares that he has carefully examined the location of the proposed work and read the
accompanying instructions to bidders and the entire contract documents and hereby proposes to furnish
any and all required labor, materials, transportation and service for:
THE MAINTENANCE OF LANDSCAPING OF 31 CITY OWNED SITES Listed in this Special
Provisions
in accordance with Standard Specifications for Public Works Construction, current edition, as amended
by the Special Provisions and "Landscape Cost Estimating" by Colton, current edition.
Undersigned proposes and agrees if this proposal is accepted, that he will contract with the City of San
Bernardino, in the form of the copy of the contract annexed hereto, to provide all necessary machinery,
tools, apparatus and other means of maintenance, and to do all the work and furnish all the materials
specified in the contract, in the manner and time therein prescribed, and that he will take in full payment
therefore the following unit prices or lump sum prices, to -wit:
18.d
Packet Pg. 610 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
PLAN NO. 13178
BASIC BID SCHEDULE
DESCRIPTION OF ITEMS
Maintenance of plants, shrubs, groundcover, turf, trees and irrigation system at the lump sum price
of:
ITEM QUANTITY UNIT DESCRIPTION OF ITEMS UNIT TOTAL
PRICE ANNUAL
PRICE
1 433,680 Sq. Ft. Lump Mt View Medians LS $
Sum 2494 Mt View Ave
LS)
2 j 58,710 Sq. Ft. LS Muscupiabe Medians . LS
LS
1107 Marshall Blvd
Broadmoor Ave Medians385,320 Sq. Ft. LS
3200 Broadmore
4 67,880 Sq. Ft. LS Theatre Square LS
500W0St
l44,333 LS Carousel Mall LSSq. Ft. r5
500 W 2°a St
6 337,452 Sq. Ft. LS Edison Greenbelt LS
1930 College Ave
7 690 Sq. Ft. LS Morgan & State LS
1603 State St
8 24,902 Sq. Ft. LS Kendall Drive Parkway LS
1626 Kendall
60,073 Sq. Ft. LS
J
Northpark Blvd Medians9 LS
1,391 Sq. Ft. LS
750 Northpark Blvd
Palmyra Islands10 LS
123 E Palmyra
11 6,162 Sq. Ft. LS Congress Medians LS
1357 Congress
12 8,450 Sq. Ft. LS Inland Center Medians LS
700 W Inland Ctr.
13 40,719 Sq. Ft. LS Inland Center Drive Walkway LS
900 Inland Ctr. Dr.
14 26,991 Sq. Ft. LS r Mill & G St Medians LS
600 B lk "G" St
15 710 Sq. Ft. LS Mt Vernon Medians LS i $
703 S Mt Vernon
16 72,680 Sq. Ft. LS Orange Shaw Medians LS
L.
1100 E Orange Show
17 52,750 Sq. Ft. LS Waterman Ave Medians LS
1500 S Waterman
18.d
Packet Pg. 611 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
18 29,900 Sq. Ft. LS 30°' Street Parkway LS
597 E 30" St
19 12,231 Sq. Ft. LS .Highland Ave Medians LS
13,440 Sq. Ft.
4002 E Highland
LS Valencia Medians20 LS
2600 Valencia i
21 21,160 Sq. Ft. LS Windsor Drive Medians LS
1286 Windsor
LS 2n St & "E" St Medians2212,830 Sq. Ft. LS
7502 nd St & 201 S `°E" St
LS 3" & 4" St Medians232,979 Sq. Ft. LS
743 W 4`h St
24 10,725 Sq. Ft. LS Parking Lot #1 LS
450 North "F" St
Parking Lot #2 LS2514,750 Sq. Ft. LS
512 West 5a' St
Parking Lot #32612,450 Sq. Ft. LS LS
402 North "D" St
27 22,150 Sq. Ft. LS Parking Lot #4 LS
455 North "D" St
28 64,600 Sq. Ft. LS Juan Pollo/Dons Drugs Parking LS
Lot
i 1248 West 5d' St
29 1,275 Sq. Ft. LS Woolworth Building - LS
We
1 30 23,450 Sq. Ft. LS Church Street Parking Lot 7 LS
560 North "D" St
27,525 Sq. Ft. LS31 Armory
296 East 3rd St
LS
Com any Name Contact Name
Date Signature
La
18.d
Packet Pg. 612 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
7 180 Each
SUPPLEMENTAL ITEMS OF WORK
ITEM ESTIMATED UNIT DESCRIPTION OF ITEMS UNIT TOTAL PRICE
QUANTITY PRICE Quantity x
145 Each Replacement of Trees (15 gal) per
Unit Price)
1
2000 Each
each
Replacement of Shrubs (1 gal) per2
800 Each
each
Replacement of Shrubs (5 gal) per3
250 Flat
each
Replacement of Ground Cover - 4
400
800 Each
pper flat
Replacement of Sprinkler Heads: 5
Shrubbery type, including
Pop-up type, under 12", including
3 necessary pipe, fittings, etc., per
necessary pipe, fittings, etc., per
each
Each
each
Replacement of Sprinkler Heads: 6 1250
Cost of labor for irrigation system
Pop-up type, 12" or over including
repair for EXTRA WORK per
necessary pipe, fittings, etc., per
Square
hour
Cost of spraying Round -Up for
each
7 180 Each 1 Replacement of Sprinkler Heads:
Rotor type, under 12" including
necessary pipe, fittings, etc., per
75 Each
each .... ..
Replacement of Sprinkler Heads: 8
Rotor type, 12" or over, including
necessary pipe, fittings, etc., per
each
9 400 Each Replacement of Sprinkler Heads:
Shrubbery type, including
3 necessary pipe, fittings, etc., per
each
10 480 Hours Cost of labor for irrigation system
repair for EXTRA WORK per
Square
hour
Cost of spraying Round -Up for11125,000
Foot weed control in Extra Landscape
Cubic
Areas
Cost of Adding recycled mulch in12300
Yard planters
Square Replacement of Turf132000
Foot
Total Cost
18.d
Packet Pg. 613 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Coml)any Name
Date
BID NOTES:
Contact Name
Signature
1. The total price must be extended for each item of work and the total of all items inserted in the space
provided.
2. The contract will be awarded for the total of the Basic Bid plus the Supplemental Items of Work.
3. An estimate of the square footage involved in each Basic Bid item has been provided to assist
the Contractor but are not to be construed as actual quantities. The Contractor, by submitting
bid, has satisfied themselves of the actual character and quantity of work and the price bid will be
for the lump sum unit price.
4. An estimate of the quantities involved in each Supplemental Items of Work item has been
included for the bid comparison purposes only and no adjustment shall therefore be made in the
contract unit price for increased or decreased quantities.
18.d
Packet Pg. 614 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
BIDDER'S INFORMATION AND SIGNATURE
It is the understanding of the undersigned that the work hereinabove described shall be commenced
on, Jab L 2018 except as previously noted, and shall continue in a good and workmanlike manner for
the term of the contract.
The undersigned further agrees that in case of default in executing the contract, or furnishing necessary
bonds, all within the specified time, the proceeds of the Bidder's Guarantee accompanying this bid shall
be paid to the City of San Bernardino as liquidated damages.
LICENSED IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRATION OF
CONTRACTORS,
LICENSE NO.
CLASSIFICATION
FIRM NAME:
BUSINESS ADDRESS:
SIGNATURE OF BIDDER:
If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all
individuals, co-partners composing the firm. If a corporation, state legal name of the corporation, also
the names of the president, secretary, treasurer and manager thereof.
Teles hone No.
Dated , 20.
BIDDERS ACKNOWLEDGEMENT OF ADDENDUM:
ADDENDUM NO.1 DATE:
ADDENDUM NO.2 DATE:
ADDENDUM NO.3 DATE:
18.d
Packet Pg. 615 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
BIDDER'S FIRM NAME
DESIGNATION OF SUB -CONTRACTORS
In compliance with the provisions of Section 4100-4110 of the Public Contract Code of the State of
California, and any amendments thereof, each bidder shall set forth below the name and location of each
sub -contractor who will perform work or labor or render service to the Contractor.
Agency of
Name & Address MBE/WBE
Under Which Certification
Subcontractor and Number
Licensed (If Applicable)
Sub -Contractor Sub -Contract
Phone No. Amount
Specific
Sub -contract
18.d
Packet Pg. 616 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
WORKER'S COMPENSATION INSURANCE
CERTIFICATION
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance before commencing
any of the work.
Contractor:
NAME OF FIRM:
RVA
TITLE: ._ .....
DATE:
18.d
Packet Pg. 617 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
This affidavit shall be executed by all bidders at the time of bid submittal. Failure to execute the
affidavit on this page will result in rejection of bid)
NON -COLLUSION AFFIDAVIT
To the City of San Bernardino, State of California, Department of Public Works:
The undersigned in submitting a bid for performing the following work by contract, being duly sworn,
deposes and says:
The he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with such contract.
Signature of Bidder
Business Address
Place of Residence
Subscribed and sworn to before me this day of _.__220
Notary Public in and for the County of
State of California.
My Commission expires on , 20
18.d
Packet Pg. 618 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby and
firmly bound unto the City of San Bernardino . State of California, hereinafter referred to as "Obligee" in the penal
sum of ten percent( 0% ) of the total amount of the bid of the Principal submitted to the Obligee for the work described
below, for the payment of which sum we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal has submitted to Obligee, a certain Bid, attached hereto and hereby made a part hereof to enter into
a contract in writing, for the
Copy here the exact title description of work, including location, as it appears on the Bid and Contract Documents)
for which bids are to be opened on
Insert date of opening)
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute a contract
in the Form of contract attached hereto (properly completed in accordance with said Bid }
and shall furnish a bond for his faithful performance of said contract,
and shall in all other respects perform the agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise, the same shall remain in force and effect; it being expressly understood and
agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way
impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby
waive notice of any such extension.
Signed, this day of , 20
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first mentioned.
Principal
SEAL) (SEAL)
Surety
By: By:
Signature Signature
Printed Name and Title Printed Name and Title
NOTE: Notarization of Principal and Surety signatures and Power of Attorney of the Surety shall accompany this form.
18.d
Packet Pg. 619 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
MBE/WBE INFORMATION - GOOD FAITH EFFORTS
The City of San Bernardino has established a Minority Business Enterprise (MBE) Goal of 15% and a
Women Business Enterprise (WBE) Goal of 5% for this project. The information provided herein
shows that adequate good faith efforts were made.
A. The names and dates of each publication in which a request for MBE/WBE participation
for this project was placed by the bidder (please attach copies of advertisements or proofs
of publication):
Publications Dates ofAdvertisement
B. The names and dates of written notices sent to certified MBEs/WBEs soliciting bids for this project
and the dates and methods used for following up initial solicitations to determine with certainty whether
the MBBs/WBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations, etc.):
Names ofMBEIWBE Initial Solicitation Follow Up Methods
Solicited Dates and Dates
C. The items of work which the bidder made available to MBE/WBE firms, including, where
appropriate, any breaking down of the contract work items (including those items normally performed
by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation.
It is the bidder's responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation
was made available to MBE/WBE funis.
Items of Work Breakdown of Items
18.d
Packet Pg. 620 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
D. The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for
the bidder's rejection of the MBE/WBE, and the firms selected for that work (please
attach copies of quotes from the firms involved):
Firms Rejected
Firms Selected
E. Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or
insurance, and any technical assistance or information related to the plans, specifications
and requirements for the work which was provided to MBE/WBEs:
F. Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies,
materials or related assistance or services, excluding supplies and equipment the MBE/WBE
subcontractor purchases or leases from the prime contractor or its affiliate:
18.d
Packet Pg. 621 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using certified MBEs/"E firms (please attach copies of requests to agencies or
organizations, and any responses received, i.e., lists, Internet page download, etc.):
Nance of Method /Date Results
Agency/Organization of Contact of Contact
H. Any additional data to support a demonstration of good faith efforts
use additional sheets if necessary):
18.d
Packet Pg. 622 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
BIDDER'S FIRM NAME
REFERENCES
Date:
The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has
performed similar work within the past two years:
Public Agency's Contract Name, Title
Name & Address Type of Project Contract Amount Date Completed & Phone Number
1.
2.
3.
18.d
Packet Pg. 623 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
PART 1,_i
ISIROW SIONSi- ECIAt., I
18.d
Packet Pg. 624 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SPECIAL PROVISIONS
SECTION 1
SPECIFICATIONS AND PLANS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special Provisions set
forth herein, the "Landscape Cost Estimating" by Colton, and in accordance with the following Special
Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are used, they
shall be understood to mean and refer to the following:
A;.-ency/Owner - The City of San Bernardino.
Board - The Mayor and Common Council for the City of San Bernardino.
Engineer - The City Engineer, Department of Public Works for the City of San Bernardino or
authorized designee.
Inspector - Authorized designee of the Engineer.
Laboratory - The laboratory to be designated by the City of San Bernardino to test materials
and work involved in the contract.
Notice Advertising for Bids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works Construction, current
edition.
Landscape Cost Reference - "Landscape Cost Estimating" by Colton, current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have the intent
and meaning specified in Section 1-2, "Definitions" in the Standard Specifications.
In case of conflict between the Standard Specifications, the Landscape Cost Estimating reference, and
these Special Provisions, the SpecialProvisions shall take precedence over and be used in lieu of such
conflicting portions.
1-C LIGHTING -- Repair, replacement and maintenance of all street lighting shall be the
responsibility of the City and is not a part of this contract.
1-D TOT LOT EQUIPMENT -- Repair, replacement and maintenance of all Tot Lot equipment, if
any, shall be the responsibility of the City and is not a part of this contract.
SP -1
18.d
Packet Pg. 625 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 2
BID REQUIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids or bids shall be
signed, sealed and accompanied by cash, cashier's check, certified check, or bid bond made payable to
the City of San Bernardino, in the amount of ten percent (10%) of the bid. Such cash, check or bond
shall be given as a guarantee that the bidder will enter into the contract if his bid is approved and the
Mayor is authorized to execute the contract. In the event the bidder whose bid is approved refuses to
execute said contract, the use by the public of the improvements will be delayed and the public will
suffer great damage. From the nature of the case, it would be extremely difficult and impractical to fix
said amount of damage. Therefore, the City and the bidder agree that the bid guarantee of 10% of the
bid shall be paid to the City upon the conditions set forth above as liquidated damages and not as a
forfeiture. Bid bonds shall be underwritten by a surety company having a rating in Best's most recent
Insurance Guide of "A" or better.
2-11 MINORITY AND WOMEN'S BUSINESS ENTERPRISES -- A policy for establishing goals
for participation of minority and Women's Business Enterprise (MBE/WBE) was adopted by Resolution
No. 95-409 by the mayor and Common Council of the City of San Bernardino, on 11-20-95. This
outreach program superseded Resolution No. 93-411 and the Standard Operating Procedures dated
January 1994.
Bidder's outreach efforts (good faith efforts) must reach out to MBEs, WBEs and all other business
enterprises. Prime bidders could reasonably be expected to produce a level of participation by interested
subcontractors of 15% MBE and 5% WBE on this project.
Bidders shall make every reasonable effort to solicit bids from MBE/WBEs.
A justification shall be provided to support the rejection of any bid from a minority or women's business
enterprise, certified by Caltrans.
SP -2
18.d
Packet Pg. 626 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
POLICY
MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES
AND CITY PROCUREMENTS
It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs),
Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate
in the performance of all City contracts. Bidders shall assist the City in implementing this policy by
taking all reasonable steps to ensure that all available business enterprises, including local MBEs and
WBEs, have an equal opportunity to compete for and participate in City contracts. Bidders' good
faith efforts to reach out to MBEs, WBEs and all other business enterprises shall be determined by the
following factors:
1) The bidder attended pre -solicitation or pre-bid meetings, if any, scheduled by the City to
inform all bidders of the requirements for the project for which the contract will be awarded. The City
may waive this requirement if the bidder certifies it is informed as to those project requirements.
2) The bidder identified and selected specific items of the project for which the contract will be
awarded to be performed by sub -contractors to provide an opportunity for participation by MBEs,
WBEs and other business enterprises. The bidder shall, when economically feasible, divide total
contract requirements into small portions or quantities to permit maximum participation of MBEs,
WBEs and other business enterprises.
3) The bidder advertised for bids from interested business enterprises not less than ten calendar
days prior to the submission of bids, in one or more daily or weekly newspapers, trade association
publications, minority or trade oriented publications, trade journals, or other media specified by the City.
4) The bidder provided written notice of its interest in bidding on the contract to those business
enterprises, including MBEs and WBEs, having an interest in participating in such contracts. All
notices of interest shall be provided not less than ten calendar days prior to the date the
bids were required to be submitted. In all instances, the bidder must document that invitations for
sub -contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of
work to be performed.
The Mayor's Affirmative Action Office shall be available to help identify interested MBEs,
WBEs and other business enterprises.
5) The bidder documented efforts to follow up initial solicitations of interest by contacting the
business enterprises to determine with certainty whether the enterprises were interested in performing
specific portions of the project.
b) The bidder provided interested enterprises with information about the Plans, Specifications and
requirements for the selected sub -contracting work.
7) The bidder requested assistance from organizations that provide assistance in the recruitment
SP -3
18.d
Packet Pg. 627 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the
submission of bids.
8) The bidder negotiated in good faith with interested MBEs : WBEs and other business enterprises
and did not unjustifiably reject as unsatisfactory bids prepared by any enterprises, as determined by the
city. As documentation the bidder must submit a list of all sub -bidders for each item of work
solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises.
9) The bidder documented efforts to advise and assist interested MBEs, WBEs and other business
enterprises in obtaining bonds, lines of credit, or insurance required by the City or Contractor.
If the City has established expected levels of participation for MBE and WBE sub -contractors,
failure to meet those levels shall not be a basis for disqualification of the bidder. A determination of the
adequacy of a bidders' good faith effort must be based on due consideration of the indicia of good faith
as set forth above,
In the event that the City is considering awarding away from the lowest bidder or not awarding a
contract to a bidder because the bidder is determined to be non-responsive for failure to comply with the
good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract,
afford the bidder the opportunity to present evidence to the Mayor and Common Council in a public
hearing of the bidders' good faith efforts in making its outreach. In no case should the City award away
pursuant to this program if the bidder makes a good faith effort but fails to meet the expected levels of
participation.
For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined
in California Public Contract Code Section 2000(f) . Nothing herein restricts the discretion of the City
to reject all bids in accord with Charter Sections 140 and 238 or Chapter 3.04 of the San Bernardino
Municipal Code.
The directions set forth herein shall take effect immediately, and all City Departments shall modify
their implementation programs to the extent such programs are inconsistent with this policy.
SP -4
18.d
Packet Pg. 628 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is approved by the Mayor and Common Council with the
Mayor authorized to execute the contract shall file with the Engineer all required bonds and insurance
policies and execute the contract within 10 calendar days after receiving notification of the approval.
Failure to file the stipulated documents and execute the contract within the prescribed time shall
constitute good and sufficient grounds for recession of the award and payment of 10% of the bid to the
City as liquidated damages. Action by the Mayor and Common Council in approving a bid and
authorizing the City Manager execute a contract shall be deemed to obligate the bidder to proceed in
accordance with the bid bond to execute the contract and provide required documentation (e.g.,
insurance policies and performance bond) to the City. No work shall be undertaken toward the
completion of the contract, nor subcontracts entered into, until the contract has been frilly executed by
both the Contractor and City.
3-B CONTRACT BONDS -- The Payment and Faithful Performance Bonds shall be filed with the
Engineer before the Contract is executed by the City in accordance with Section 2-4, "CONTRACT
BONDS" of the Standard Specifications. In lieu of the Bond as referenced above, the Contractor may
deposit with the City a cash amount equal to $500 or ten percent (101/o) of the total amount bid for the
first year's maintenance, whichever is greater. The amount so deposited shall be retained by the City of
San Bernardino and will be returned to the Contractor upon completion of the term of the contract.
There will be no interest paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The initial contract period may be renewed annually for up to a
maximum of two (2) additional one year periods by mutual agreement of the Director or Public Works.
3-D COMPLIANCE -- The condition of the maintenance area is as it exists. The successful bidder is
encouraged to familiarize themselves with all areas and be required to bring the areas of the contract into
compliance with the specifications set forth herein, within a time frame as determined by the Inspector,
but not to exceed 90 days.
SP -5
18.d
Packet Pg. 629 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Inspector will prepare a monthly evaluation and
performance report relative to the project area. Contractor and Inspector shall meet at least once each
month at the office of the Inspector or at another location as agreed upon by the parties, to discuss the
report. Weekly reports may constitute the monthly evaluation based upon the Inspector's discretion.
4-B INSPECTIONS -- An inspection form will be completed by the Inspector every week.. Any items
noted not to be in compliance with the specifications will be discussed immediately with the
Contractor's on site representative. Correction of these items shall be accomplished as set forth at
Section 6-G of this agreement. Continued noncompliance, or failure to correct noted deficiencies in a
timely manner, shall constitute sufficient grounds for further action, up to and including termination of
the contract. Contractor or his representative shall also meet once each week on site for field inspections
with the Inspector to discuss and sign said inspection report. Failure on the part of the Contractor to
meet at the designated time and place will result in a 10% reduction in the monthly contract
payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking
responsible representative of the Contractor shall be designated in writing at the time this contract is
executed by the Contractor. This representative shall be considered as an agent of the Contractor with
authority to receive official notices and make binding agreements on the prosecution of the work. The
Inspector shall be given 5 days prior written notice of a change in such representative.
4-D UNIFORMS -- All employees shall be dressed in a uniform shirt identifying them as the
Contractor's personnel, and shall be so attired at all times, including all necessary safety attire,
equipment, and vehicles, which shall also bear the Contractor's State License number.
4-E ENFORCEMENT OF NON-COM_ PLIANCE -- Payment for any items of work not done in
compliance with this Agreement, or brought into compliance within the period of time allotted, may be
withheld from the next monthly payment. Any funds so withheld will be limited to the cost incurred by
the City to correct the problem or for services not fulfilled by the Contractor. A statement will be
provided with the monthly payment describing the reason for withholding a portion of the payment and
a listing of the amount. (See also Section 6-E of these Special Provisions.)
4-F TERMINATION OF CONTRACT -- Failure to perform specified items of work as provided in
these Special Provisions, after receipt of two formal notices of non-compliance, will constitute good and
sufficient grounds for terminating the contract. Notice of termination will be given by certified mail and
will be effective 15 calendar days after receipt of said notice.
Notification of any termination will be given to the surety, who shall have the right to take over the
contract within 15 days of being notified. Failure of the surety to assume the provisions of the contract
within 10 days shall constitute grounds for the City to assume responsibility for providing maintenance
services with the right to recover damages from the principal or the surety arising from the principal's
failure to perform.
SP -6
18.d
Packet Pg. 630 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
4-G NOTICE TO BIDDERS/CONTRACTORS -- Pursuant to Resolution No. 94-358 adopted
November 21, 1994, the Mayor and Common Council established a policy which states that any
assessment district landscape Contractor who has their contract terminated by the City for
non-performance shall be deemed a "non -responsible" bidder for a period of three years following the
date of termination and will not be allowed to submit a bid for any other assessment district landscape
maintenance contract during that period. A Contractor so deemed may appeal such finding in
accordance with Chapter 2,64 of the San Bernardino Municipal Code.
SP -7
18.d
Packet Pg. 631 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 5
LEGAL REQUIREMENTS
5-A LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability
Insurance" of the Standard Specifications, providing that the Contractor shall furnish the City with a
policy or certificate of liability insurance as prescribed therein, prior to the execution of the contract.
The Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement
shall be provided by/or agent of the insurance company and shall be notarized to that effect. ACCORD
Forms are not acceptable nor are forms signed by the broker, unless they have Power of Attorney to bind
the insurance provider. (See attached sample forms.)
Following is the required minimum limits of Insurance:
Bodily Injury ...... $250,000 each person
500,000 each occurrence
500,000 aggregate products
and completed operations
Property Damage ... $100,000 each occurrence
250,000 aggregate
A combined single -limit policy with aggregate limits in the amount of $1,000,000 Will be considered
equivalent to the required minimum limits. The insurance requirement shall otherwise be as set forth in
Section 7-3 of the Standard Specifications.
5-B WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to
Section 7-4, "Worker's Compensation Insurance" of the Standard Specifications, providing that the
Contractor shall file a signed certification Certificate of Worker's Compensation Insurance for itself and
its Subcontractors before execution of the contract.
5-C PAYMENT OF WAGE RATE -- Pursuant to law, the Mayor and Common Council of the City
of San Bernardino, by Resolution No. 90-358 and any and all amendments thereto which are hereby
referred to and made a part hereof by references as fully as though set forth at length herein, have
ascertained and determined the general prevailing rate of per diem wages, and of per diem wages for
legal holidays and overtime work for each craft or type of workman needed in the execution of contracts
under jurisdiction of said Mayor and Common Council.
Said prevailing rates of wages shall conform to Section 1773 of the California Labor Code. The General
prevailing wage rates in the county in which the work is to be done have been determined by the
Director of Industrial Relations" filed in the Office of the City Clerk, which are made a part of said
Resolution No. 90-358 and amendments thereto. These wages are available from the California
Department of Industrial Relations Internet web site at: http//www.dir.ca.gov/dirdatabases.html
General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been
predetermined and are on file with the California Department of Industrial Relations are also referenced
and made a part thereof.
SP -8
18.d
Packet Pg. 632 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
The Inspector shall have the right to interview any craft or worker on the project site in order to
verify payment of prevailing wage rates in accordance with Resolution No. 90-358. Prevailing wage
shall comply with current rates and all updates. Also, the City retains the right to examine the
Contractor's payroll records to determine if wage rates indicated are being paid. Submittal of weekly
certified payrolls may be required by Inspector in the event of a problem becoming evident.
5-D SAFETY REQUIREMENTS -- All work performed under this contract shall be performed in such
manner as to provide maximum safety to the public and the safety standards outlined in the Federal
OSHA guidelines. The Inspector reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work
under this contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of hazards to
persons and/or property resulting from his operations. Any hazardous conditions noted by the
Contractor, which is not a result of his operations, shall immediately be reported to the Engineer (909)
384-5111.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical herbicides or
pesticides proposed for use under this contract for approval by the Inspector. This listing shall be
limited to chemicals approved by the State of California, Department of Agriculture and not appearing
on any Federal or State list of prohibited toxic materials, and shall include the exact brand name and
generic formulation, California Registration No. and Chemical Abstract Service No. (Case 4), and based
on the recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the
current San Bernardino County Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by the
Inspector as appropriate for the purpose and area proposed. City does not hereby undertake to indemnify
or hold harmless the Contractor for damages arising from the use of any such chemicals, herbicides or
pesticides and hereby specifically reserves to itself full rights against any party for any damages which
are proximately caused by the negligence or improper use of any such chemicals, herbicides or
pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Inspector,
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been obtained
from the County of San Bernardino Department of Agriculture and written permission has been obtained
from the Engineer.
5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby certifies that it
will not discriminate against any employee or applicant for employment because of race, color, religion,
sex, marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such action
shall include, but not be limited to, the following: Recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, Contractor shall not exclude from participation
under this Agreement any employee or applicant for employment on the basis of age, handicap or
religion, in compliance with state and federal laws.
SP -9
18.d
Packet Pg. 633 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
5-H SOUND CONTROL RE,. UIREMENTS -- The Contractor shall comply with Chapter 8.54 of
the City of San Bernardino Municipal Code regulating and prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated during
the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from the Mayor and
Common Council of the City of San Bernardino.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but
not limited to trucks, mowers, weed eaters, blowers or other equipment that may or may not be owned
by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business Registration prior to
execution of the contract.
SP -10
18.d
Packet Pg. 634 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
ACOBDo CERTIFICATE OF INSURANCE
PRODUCER
COMMERCIAL ASSOCIATES INS, INC
1226 EAST LA PALMA AVE
ANAHEIM, CA 92807
w n w n
INLAND LANDSCAPING SERVICES
3C00 CALIFORNIA STREET
SAN BERNARDINO, CA 9-2407
DATE (NMf MD)
02/15/98
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
COMPANIES AFFORDING COVERAGE
COMPANY
A CNA—TRANSCONTINETAL
COMPANY
B CNA—VALLEY FORGE
CDwim
C CHUBB GROUP—FEDERAT, INSURA14CE
COMPANY
D
4tyrjg.ACsG7
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TD
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
TR
TYPE OF EMRANCE POLICY NYYBER POLICY EFFECTNE
DATE INOWI D)
POLICY EXPIRATION
DATE (MWYYIDD)
LIMITS
MW exp W6Y aw pmom S 5,000
GENERAL LIABILITY OENERALAGGREGATE s2,000,000
ERCL GENERAL LIABILITYxCOMMLA
CLAMS wwE NO OCCUR
OWNEWS&CONTRACTOR-fPROT' 102=575765 02/01/98 0/O:195
PR ODLICTS.COrPMPAGG 1,000,000
PERSONAL& ADV INJURY 1,000,000
EALMOccuRExcE 1,000,000
TOB LOCATION: ALI CALIFORNIA OPERATIONS OF THE NAMD INSURED
RE: AD 3000, CONTRACT 9898
BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIFICATE HOLDER — CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIScD POLICIES BE CANCELLED GEFORETHE
THE CITY OF SAN BERNARDINO EXPPRATIONDATE THEREOF. TME ISSUING COV,PANYWILL a4Ww M0WW4-MAIL
DEPARTMENT OF DEVELOPMENT- SERVICES
L"YSWRIT3ENNOTICE TOTHE CERTIFiCATEHOLOERNAVESTOTHE LEFT
BYT AILUTiP TQ fMiV CY"1I IKiTI(-G Bi1Ni IMii7"J4i'
PUBLIC WORKS DIVISION ."Z,; ^ sca -•-sc a=sccsrs:.r=.^
300 FORTH "D" STREET
SAN BERNARDINO, CA 92418-0301 AVT I oaEPRE AS+vE_
ACORD 2" 0)SQ _/
O WV !f'u4I0 ACORD CORPORATION IM
FVMDAMAGEIArwmwfiral $ 50,000
MW exp W6Y aw pmom S 5,000
AUTOMOBLE LIABILITY
COMBINED BRIOLELIMIT S 1, 000, 000
ANY AUTO
ALL OWNED AUTOS
BODILYamoral s
B X SCHEOULEDAUTOS
iC HIRED AUTOS fBODILYINJURYnQNON -OWNED AUTOS SAP 5197135 0-2/01/98 01/99
PK aoelae
PROPERTY ACCIDENT S
GARAGE LIABILITY AUTOONLY.EA ACCIDENT
ANY AUTO
r
EXCESS LIABILITY
cI AT S
Ai ATE
UMBRELLA FORM f ><
OTHER THAN BIB3RELLA FORM — .—. .. — S
n•, . AC.F O aS- WORKERS COMPENSATION AND
EMPLOYER'B LLMLITY
EL EACH ACCIDENT S
THE PROPRIETORI
PARTNERSIEXECUTNEINCL EL DISEASE. POLICYLIIR =
EL DISEASE• EA EMPLOYEE SOFFICERBARE: EJICL
OTHER
TOB LOCATION: ALI CALIFORNIA OPERATIONS OF THE NAMD INSURED
RE: AD 3000, CONTRACT 9898
BELOW NAMES AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY
CERTIFICATE HOLDER — CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIScD POLICIES BE CANCELLED GEFORETHE
THE CITY OF SAN BERNARDINO EXPPRATIONDATE THEREOF. TME ISSUING COV,PANYWILL a4Ww M0WW4-MAIL
DEPARTMENT OF DEVELOPMENT- SERVICES
L"YSWRIT3ENNOTICE TOTHE CERTIFiCATEHOLOERNAVESTOTHE LEFT
BYT AILUTiP TQ fMiV CY"1I IKiTI(-G Bi1Ni IMii7"J4i'
PUBLIC WORKS DIVISION ."Z,; ^ sca -•-sc a=sccsrs:.r=.^
300 FORTH "D" STREET
SAN BERNARDINO, CA 92418-0301 AVT I oaEPRE AS+vE_
ACORD 2" 0)SQ _/
O WV !f'u4I0 ACORD CORPORATION IM
18.d
Packet Pg. 635 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
COMMERCIAL GENERAL LIABILITY
NAMED INSURED:
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ------ OWNERS, LESSES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART -OCCURRENCE
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418-0001
If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or
for you.
NOTE. MUST BE SIGEND BYAUTHORIZED REPRESENTATIVE FOR PROVIDER. MAY
ALSO SUPPLY POWER OF ATTORNEY GIVING AUTHORITY TO BIND
CG 20 10 1185
Authorized Representative for
CNA Insurance Group
Golden Eagle Insurance Company
SP -12
18.d
Packet Pg. 636 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 6
PAYMENTS/GENERAL
6-A PAYMENTS -- Payment will be made to the Contractor by the 21 st of the month following the
month the work is performed, or 21 days after approval by the Inspector, whichever occurs later. The
first payment may be pro -rated in accordance with the actual portion of the month worked. Request for
payments must be submitted each month and shall be hand delivered to the Inspector at the monthly
evaluation meeting.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
provided by the Inspector for extra work billing and the work must have been previously
approved as set forth in Section 6-1) below. Upon acceptance and approval of the billing by the
City, payment for Extra work will be made the following billing cycle.
6-B PAYMENTS WITHHELD -- The City may withhold payment to such extent as may be necessary
to protect the City from loss due to
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third parties against the
City
arising from the performance of the Contractor or any subcontractor under this agreement.
3. Maintenance not being performed or completed.
6-C WITHHELD AMOUNT -- The amount to be withheld shall be determined by the Inspector and
shall be based upon actual damages and/or the amount and type of maintenance not completed.
Retention of payment for damaged irrigation components, or loss of any plant material may be released
to the contractor upon repair or replacement of the needed items or completion of work. Deductions for
incomplete or inadequate maintenance not performed at the required schedules shall be a permanent
deduction.
6-D EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3 "EXTRA
WORK" of the Standard Specifications. However, equipment rental rates shall conform to State of
California Business and Transportation Agency, Department of Transportation, Division of
Construction, "LABOR SURCHARGE AND EQUIPMENT RENTAL RATES" latest edition, unless
the extra work is done for a negotiated price. Prior approval shall be obtained in writing from the
Engineer, or his designee, before performing any extra work, except for urgently needed repairs to the
irrigation systems. With submission of the bill for such Extra Work, Contractor shall attach copies of
material invoices and rental receipts, if any, as backup for the amount charged Extra Work includes
repairs and replacement made as a result of vandalism. Extra Work does not cover any repairs or
replacement of items needing repair or replacement due to the Contractor's negligence or failure to
perform the scheduled maintenance and contractor shall be required to make necessary repairs or
replacement at no cost to the City if work needed is a result of contractor's negligence. Inspector shall
make final determination if work needed is due to vandalism or contractor's negligence.
SP -13
18.d
Packet Pg. 637 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the price
indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of existing
landscaping due to age or poor growth as determined by the Inspector and the Engineer not related to
Contractor's negligence shall be classified as Supplemental Items of Work. All supplemental work
performed shall be as directed by the Inspector and then Engineer.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the Standard
Specifications shall not apply to Supplemental Items of Work, and no adjustment shall, therefore, be
made in the contract unit price for increased or decreased quantities of Supplemental Items of Work.
6-F PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the work. The
Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris developed during his
operations.
6-G FAITHFUL PERFORMANCE -- The Inspector shall have right of review of the performance
elements of the maintenance contract. The Inspector will be responsible for checking the performance
of the Contractor to the established standards and reporting any lack of maintenance to the Engineer.
The Contractor will be notified of any maintenance failure and will have a reasonable amount of time,
as determined by the Inspector, not to exceed ten (10) days, to conform to the contract standards. If
after said reasonable amount of time the problem has not been resolved, a formal notice of
noncompliance will be sent to the Contractor with a specific target date to resolve the problem. If the
problem is still present on the specific target date, the Inspector will notify the Engineer who will have
the option of terminating the contract and re- advertise for a new contractor. The necessity of sending
more than two (2) formal notices to the Contractor to correct a maintenance failure anywhere within the
contract area shall constitute grounds for termination of the contract. In such event, then the amount of
cash or bond deposited with the City as a performance bond shall be forfeited by the Contractor to
cover all costs incurred by the City as a proximate result of Contractors' failure to perform as required by
the Agreement.
6-H HOURS OF LABOR -- The Contractor shall conduct his operations during the hours specified in
Section 7-B-2.
6-I PERSONNEL -- The Contractor shall furnish sufficient supervisory and working personnel of such
capabilities as to promptly accomplish on schedule, and to the satisfaction of the Inspector all work
required under this contract during the regular and prescribed hours. All such personnel shall be
physically able to do their assigned work. The Contractor and his employees shall conduct themselves
in a proper and efficient manner at all times. They shall be clothed in a suitable uniform as determined
by the Inspector, with a company identifying marker. The Inspector may require the Contractor to
immediately remove from the work site any employee(s) observed to pose a threat to the public and
whose continued employment on the job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who may be a working
Supervisor, on the job at all times work is being performed, with whom the Inspector may consult with
respect to performance of this contract. Adequate and competent supervision, as determined by the
Inspector, shall be provided for all work done by the Contractor's employees to ensure accomplishment
of a first-class job.
SP -14
18.d
Packet Pg. 638 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Full compensation for conforming to the requirements of Section 6 shall be considered as included in
the prices paid for the various contract items of work involved and no additional compensation will be
allowed therefore.
64 ATTORNEY'S FEES -- The prevailing parry in any legal action to enforce or interpret any
provisions of this Agreement will be entitled to recover from the losing party all attorney fees, court
costs, and necessary disbursements in connection with that action. The costs, salary and expenses of the
City Attorney, and members of his office, in connection with that action shall be considered as attorney's
fees for the purpose of this agreement.
Full compensation for conforming to the requirements of Section 6 shall be considered as included in the
prices paid for various contract items of work involved and no additional compensation will be allowed
therefor.
SP -15
18.d
Packet Pg. 639 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 7
DESCRIPTION OF WORK
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of landscaping and
irrigation system provided shall be adequate to maintain the landscaping in a healthy and attractive
condition and the irrigation system in a fully operational manner. All services shall be provided in a
good workmanlike manner, consistent with the standards of the industry as determined by the Inspector.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the
following:
7-B-1 Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and training of trees, shrubs, and ground cover plants; raking;
fertilization; weed control; control of all plant diseases and pests; mowing; edging; irrigation and
drainage systems; and all other maintenance required to maintain the contract areas in a safe, attractive,
usable, healthy and vigorous condition.
All other areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if any),
within the contract defined areas, shall be kept free of weeds as per the maintenance schedule for
weeding.
Unimproved areas beyond described limits are not a part of this contract.
For unimproved areas within described limits, ten (10) feet from curb face shall be maintained
weed free by Herbicides and manual methods Herbicides shall be approved by the City prior to use
and only State of California licensed Pest Control Operators shall apply the Herbicides Unimproved
areas to be maintained are shown on the Plan.
7-B-2. Scheduling of Work: The Contractor shall accomplish all normal landscape maintenance
required under this contract from Monday through Friday and as specified in this Section of these
Special Provisions. Exceptions may be made to normal working hours (6:00 a.m. to 5:00 p.m.) where
incidence of use may be too great during the hours specified to allow for proper maintenance. The
Inspector may grant, on a case by case basis, permission to perform contract maintenance at other
hours.
7-B-3. The Contractor shall establish a schedule of routine work to be followed in the performance
of this contract. A copy of this schedule shall be provided to the Inspector prior to the performance of
any work required by these specifications, and any changes in scheduling shall be reported in writing, to
the Inspector immediately.
7-B-4. The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets or parking lots. In
addition, a special notification listing exact start date for fertilization, aerification, renovation, pruning
and other infrequent operations shall be furnished to the Inspector at least five (5) working days in
advance of performing these operations.
SP -16
18.d
Packet Pg. 640 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
7-5-5. The Contractor will be responsible for replacing trees and plant material due to over
watering, under watering or improper horticultural practices or neglect as determined by the Inspector at
Contractor's cost.
7-C MAINTENANCE SCHEDULES
The following items of work shall be performed by the Contractor with the frequency indicated:
Pick up of trash and debris Weekly or as needed.
Note. Areas adjacent to high pedestrian traffic may
require
more frequent pickup of trash as determined by the
inspector.
Complete Irrigation Test Weekly (with Inspector)
Rodent Control Weekly
Irrigation Repair Check Weekly, or as often as climatic conditions require to ensure
proper and adequate irrigation. (e.g. daily during hot, dry
weather).
Trimming/Pruning Trees/Shrubs
way
Fertilization - (small trees,
shrubs, ground cover)
Fertilization - (turf)
Weeding Slopes (all debris to
be removed- Slope Areas are
as shown on Plan)
Every two months (areas adjacent to sidewalks & right of
as needed)
Semi-annually
Quarterly
Monthly
Continual Weeding (all shrub/
planter beds, banks, and ALL other
areas including hardscape, sidewalks
and expansion joints not defined as
slopes) Weekly
Raking beds; removal of leaves,
pine needles, etc. Weekly
Shrub/planter bed edging Semi-monthly
SP -17
18.d
Packet Pg. 641 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Sweeping/Blowing Walks (after
mowing and edging)
Washing walks/Median Hardscape
Concrete Drainage channels cleaned
Spraying pre -emergent
Spraying for weeds
Turf mowing
Turf edging
Turf trimming
Turf aerification
Turf renovation **
Overseeding
Pest control on trees
Weekly
Monthly
As needed
Quarterly
As needed
Weekly
Weekly
Weekly
Annually (before July 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
Annually (before October 15 or as directed by Inspector)
As needed
With a power trimmer around all poles, obstructions, tree wells, sprinkler heads and other
miscellaneous items as designated by the Inspector.
Lawn renovation shall include the following:
1. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5._ Seeding (with seed approved by the Inspector)
6. Repair damaged irrigation facilities.
Dates, location and necessity to be determined by the City. The City of San Bernardino shall be
responsible for soil tests prior to any fertilization and leaching to determine nutrients needed and
leaching dates.
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in the future
within those areas which are presently unimproved, if any, will be negotiated with the Contractor at the
time of City's acceptance of said improvements. However, the cost of maintenance shall not exceed the
unit price awarded under this contract. (i.e. same cost for irrigation components as awarded in this
SP -18
18.d
Packet Pg. 642 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
contract; turf and/or ground cover shall not exceed to cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and to
maintain the landscaping in a healthy and attractive condition and the irrigation system in a fully
operational manner, shall be provided by the Contractor.
Full payment for furnishing landscaping and irrigation supplies shall be considered as included in the
contract bid prices and no additional compensation will be allowed therefore.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or expanded
facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or eliminated by this
construction. The Contractor shall provide maintenance up to the construction area and insure proper
irrigation at all times. Replacement of landscape and irrigation disturbed by the construction will be by
others. Upon restoration, the Contractor shall again be responsible for maintenance. Areas eliminated
by construction of hardscape shall be deducted from the gross area under the same provisions as
provided above for FUTURE WORK.
7-G AREAS _ELMMATED/MODIFIED -- Any areas permanently or temporarily eliminated or
modified within the maintenance area shall be negotiated with the Contractor under the same provisions
as provided above for FUTURE WORK.
SP -19
18.d
Packet Pg. 643 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 8
TECHNICAL SPECIFICATIONS
8-A MAINTAINING TRAFFIC -- Attention is directed to Section 7-10 "Public Convenience and
Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon highways shall conform to the
Manual of Traffic Controls," current edition, published by the State of California, and the "Work Area
Traffic Control Handbook," current edition, adopted by the City of San Bernardino, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless
approved otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other traffic
control devices necessary to expedite passage of public traffic through the work area shall be considered
as included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and
designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays,
and when maintenance operations are not actively in progress on working days.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and
shall make his own arrangements relative to keeping the working area clear of parked vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer, public
traffic will.be better served and work expedited. Said modifications or alterations shall not be adopted
until approved in writing by the Engineer.
8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
Cooperation and Collateral Work" of the Standard Specifications, and these. Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area.
Certain utility facilities in various locations within the project limits may be removed, relocated_ ,
abandoned, or installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations.
However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations.
The utility locations shown on the original landscaping plans are correct to the best of our knowledge.
When in doubt, the Contractor shall contact the utility concerned before proceeding further.
SP -20
18.d
Packet Pg. 644 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
Full compensation for conforming to the requirements of this Section, not otherwise provided for,
shall be considered as included in the lump sum prices paid for the work involved and no additional
compensation will be allowed therefore.
8-C -- REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or otherwise,
found within the landscaped areas from time to time shall be considered as trash and debris and shall be
removed by the Contractor as directed by the Inspector.
Full compensation for removal of such items shall be considered as included in the prices paid for the
various contract items of work involved and no additional compensation will be allowed therefore.
8-1) CLEANUP_AND DUST CONTROL -- Cleanup and dust control shall conform to the provisions
in Section 7-8.1, "Cleanup and Dust Control" of the Standard Specifications.
SP -21
18.d
Packet Pg. 645 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 9
IRRIGATION SYSTEMS
9-A The Contractor shall provide the following repairs, maintenance and supply all needed materials,
and perform the work as necessary in accordance with the following:
9-11 The Inspector shall be immediately notified, of any damage suspected to be caused by accident,
vandalism, theft, or Act of God. Immediate notification of any such damage, prior to start of work
within the area, will serve to indicate the Contractor's belief that it was caused by factors beyond his
control. The City shall review the damage and/or request information from the Contractor in order to
establish the true cause of damage and determine responsibility for repair. The Contractor shall not be
responsible for vandalism, theft, Acts of God or accidents involving landscape and irrigation not related
to his operations.
9-C The Contractor shall repair, replace, clean and adjust, straighten, raise and lower the following
sprinkler system components as needed, for no additional cost, under normal wear conditions as
determined by the Inspector:
Sprinkler Heads
Sprinkler Head Risers
Anti-theft/vandalism sprinkler head devices
Valve Covers
Valve Boxes or Sleeves
Quick Coupler Valves and Hose Bibs
Bubblers, Emitters, etc.
Sprinkler System Lateral Piping
Sprinkler Main (Pressure Line)
Sprinkler Control Valves
Sprinkler Controller
Valve wiring to Controller
Ball and gate valves
Drip irrigation system including multi -outlet emission device, tubing, and emitters.
9-D The Contractor shall, at no cost to the City, repair or replace any damaged irrigation system
components due to his own negligence, including removal of anti theft devices.
9-E The cost of all repairs to, or replacement of, irrigation system and landscape caused by vandalism,
theft or Act of God, shall be classified as Supplemental Items of Work. Any repairs or replacement not
covered by an item of Supplemental Work, shall be paid for as Extra Work, in accordance with Section
b -A, "EXTRA WORK.," of these Special Provisions.
Any replacement must conform to the type and kind of existing system, unless the use of anti -theft
or anti -vandalism devices have been authorized by the Inspector. Any other deviation must be
approved in writing by the Inspector.
9-F Irrigation shall be done by the use of the automatic sprinkler systems, where available and operable;
however, failure of the existing irrigation system to provide full and proper coverage shall not relieve
SP -22
18.d
Packet Pg. 646 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
the Contractor of his responsibility. In the event of a failure of any irrigation component that would
prevent proper automatic irrigation of the landscaping, Contractor shall apply irrigation manually until
the repair and/or replacement is accomplished.
9-G In those areas where an automatic sprinkler system is installed, the Contractor shall inspect weekly,
or more often if climatic conditions requires, for any damage to the system and for the operation of the
system for any malfunction. The Contractor shall maintain all sprinkler systems in such a way as to
guarantee proper coverage and full working capacity, and make whatever adjustments which may be
necessary to prevent excessive run-off into street right-of-way, or other areas not meant to be irrigated.
The periodic inspection may occur more often, but not less frequently, than one inspection each
week, in operation, with the Inspector. Care shall be exercised to prevent a waste of water or erosion.
Irrigation shall be accomplished as follows:
9-G-1 Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth and
color and to encourage deep rooting. Additional irrigation shall be performed in the event of unusually
hot/dry weather conditions (as are present during winter Santa Ana conditions, or other times of less
humidity or high winds, or during a prolonged high temperature period during the summer months).
9-G-2 Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and preventing erosion.
9-G-3 Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color, and to promote deep rooting. Irrigation rates for shrub areas shall be applied in such a
manner as to keep surface runoff at a minimum. The irrigation rate shall be adjusted to the needs of
shrub types, seasons and weather conditions.
9-G4 Newly planted trees, shrubs, ground cover and turf shall receive special attention until these
plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper
berms or basins where needed shall be maintained during the establishment period.
9-13 The entire irrigation system will be inspected and maintained by the Contractor on a daily basis for
proper operation, repairs and replacement of sprinkler heads, nipples and elbows to maintain adequate
irrigation. Such repairs will be made by the Contractor with same type/brand head, or approved equal
by the Inspector.
9-I All other irrigation components will be inspected and maintained by the Contractor on a weekly
basis. This will include laterals, main lines, control valves, control wire, timer/controller and any other
items in the system. If any of the items mentioned in this paragraph are found to be defective or in
need of repair during the weekly inspections, said items shall be repaired immediately. All
materials or parts shall be the same brand or approved equal. Contractor_ shall notify the Cith Inspector
immediatel• before makin_ any such r:: _airs b _ callirn, 384-5111 during, workina hours.
94 Replacement of the various types of sprinkler heads shall be accomplished as directed by the
Inspector. New sprinkler heads shall be the same type, size and brand as the one to be replaced, except
for anti -theft or anti -vandalism devices as approved by the Inspector.
The unit price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full operation and
SP -23
18.d
Packet Pg. 647 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
9-K Replacement of a defective timer/controller shall be accomplished as directed by the Inspector. A
new timer/controller shall be of the same model and manufacturer as the one to be replaced unless
otherwise approved by the Engineer.
The City may, at its option, provide Contractor with a replacement timer/controller, in which case
the hourly rate for irrigation repair under Supplemental Items of Work Schedule shall apply.
Replacement of a defective timer/controller is determined as Extra Work and shall be subject to
Extra Work requirements as set forth in Paragraph D, Section 6.
9-L Any replacement or repair of the irrigation system accomplished as "EXTRA WORK" shall be at
the hourly rate bid price under Supplemental Items of Work Schedule shall apply, plus material costs.
SP -24
18.d
Packet Pg. 648 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 10
SHRUBS AND _GROUND COVER PLANTS
10-A All shrubs and ground cover plants, if any, growing in the work area shall be pruned as required to
maintain plants in a healthy, growing condition. Dead or damaged limbs, clippings, or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no
projections or stubs remaining. Any pruning shall be accomplished in a manner which will maintain
plant growth within reasonable bounds, but shall permit all plants to grow naturally in accordance with
their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by
the Inspector, will not be permitted.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and Shrub Care"
and "Ground Cover Care" of the Landscape Cost Estimating reference and these Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction plans
and said Special Provisions on file in the office of the City Engineer of the City of San Bernardino,
and/or with the landscaping construction plans for the various subdivisions which are included within
this project, or as otherwise directed by the Inspector and Engineer. All shrubs replaced shall be 5
gallon.
The unit price paid for replacing shrubs and ground cover shall include all items of work involved in
removing and planting shrubs and ground cover and at the price indicated in the "SUPPLEMENTAL
ITEMS OF WORK SCHEDULE".
A Flat of ground cover is considered to contain 64 plants.
SP -25
18.d
Packet Pg. 649 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions.
11-B -- Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be accomplished
quarterly with a complete commercial fertilizer in homogeneous pellet form. Guaranteed analysis shall
be approved by the Inspector.
11-B-3 Fertilizer shall be packaged in multi -wall paper bags, polyethylene lined for moisture
resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary for healthy
growth as determined by the Inspector or based on the results of the soil testing and at the times
specified below (or as otherwise directed by Inspector):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture -free so as to obtain
optimum spread. Notii G' the Inspector 2-3 dad s before application and submit baa taj.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (Y caliper and
smaller) within the designated work area shall be accomplished two (2) times per year with a
commercial grade fertilizer having the guaranteed analysis of 6-10-4 or equal. Guaranteed analysis shall
be approved by the Inspector.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant material.
Fertilizer shall be applied at the times specified below:
October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to force fertilizer
material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
11-E Pest Control Agents shall be as required by the Landscape Cost Estimating reference.
SP -26
18.d
Packet Pg. 650 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 12
LAWN/TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall be
maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power -propelled reel -type
or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done in such a manner
as to prevent ruts or depressions from forming by the wheel and/or weight of the mower. NOTE: A
MULCH -MOWING PROGRAM MAY BE PERMITTED WITH PRIOR APPROVAL OF
INSPECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut with out tearing; mowers are to
provide a uniform, level out no higher than three (3) inches, or as otherwise instructed by the Inspector,
but no more than 25% of existing growth to be removed in any one mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The Contractor
may request, from the Inspector, for reasons of rain or prolonged cold, alteration of this mowing
frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf areas; a
schedule of equipment to be utilized by the Contractor shall be submitted to the Inspector ten (10) days
prior to beginning work; renovation shall occur upon thirty (30) days notice from the Inspector. Care
should be taken during the renovation process to assure a neat and clean appearance to turf areas after
the renovation process has taken place.
12-F Overseeding shall be done on an annual basis following the fall renovation and prior to October
15th of each year. All turf areas shall be over seeded with a seed mix that meets with the Inspector's
approval. Steps must be taken during the renovation process to ensure seed to ground contact. Failure
to realize a minimum of 75% germination will require reseeding by the Contractor at no extra cost to the
City.
12-G Turf area shall be aerified a minimum of one time each year. Aerification will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use where
turf is suffering from compaction, aerification may be necessary at more frequent intervals at no
additional cost to the City. The frequency intervals shall be as required to promote healthy vigorous
growth as determined by the Inspector.
A schedule of aerification equipment to be used shall be submitted to the Inspector ten (10) days
prior to beginning work.
12-H All grass clippings are to be picked up by means of the appropriate attachments to mowers or by
use of other mechanical devices necessary to achieve a clean, neat appearance of turf areas. In the event
of the mulch -mowing as provided under Section 12-B, all clippings must be adequately fine-cut and
spread as to achieve a neat appearance.
SP -27
18.d
Packet Pg. 651 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive occurrences,
in excess of the number stated in the bid item, and not directly or indirectly caused by Contractor's
negligence or failure to perform scheduled maintenance, shall be classified as supplemental items of
work.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type of turf
removed and shall be installed as directed by the Inspector.
The unit price paid for replacing turf shall include all items of work involved in removing and placing
sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
SP -28
18.d
Packet Pg. 652 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 13
SLOPE/BANK/DRAIN MAINTENANCE
13-A All Slopes are to be weeded by hand or using a power weed cutter. All other plant material
located on the slope shall be maintained as stated in these Special Provisions. All debris and trash is to
be removed weekly.
AREAS TO BE MAINTAINED AS "SLOPES AREAS". IF ANY. ARE DELINEATED ON SAID
PLANS).
13-B All vertical areas not defined as "Slopes Areas" will be considered as Banks and are to be
maintained as stated in these Special Provisions.
13-C Drainage Channels/Ditches are to be kept free of obstructions at all times and are to be completely
cleaned as needed.
SP -29
18.d
Packet Pg. 653 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non -landscaped traffic islands, medians,
undeveloped slopes and underdeveloped areas shall be cut to a 4" height and treated with Round -up per
manufacturer's label on an "as needed" basis. Said height is for erosion control. Said areas are to be
maintained as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and ground
cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered as "any
undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical, or chemical
methods. The Inspector may restrict the use of chemical weed control in certain areas. Complete
removal of all weed growth shall be accomplished within each seven (7) days. This section includes all
undesirable growth adjacent to curbs, gutters, and sidewalks.
SP -30
18.d
Packet Pg. 654 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
SECTION 15
TREES
15-A All trees shall be maintained in their natural shapes. Pruning shall be performed in such a manner
as to promote the best growth habits, appearance, and health of the tree. The Contractor shall, as a
part of this contract, be responsible for TOTAL TREE CARE PROGRAM (all of each tree). Said
program is the selective and natural approach to pruning of all trees on site and includes pest and disease
control and removal of any dead limbs, fronds or branches. The Contractor shall bring to the attention of
the Inspector any tree that: shows signs of root heaving, and leaning, or has hanging limbs or is in
some manner, a safety hazard. Contractor shall notify the Inspector 48 hours prior to any nrunin .
15-B All street tree replacements will be 15 gallon, in kind and shall include the removal of the
existing tree and root ball. The Contractor shall provide a new plant pit and amended soil for planting.
Amendments to include compost, nitrogen wood product and fertilizer suitable for sustained tree
growth. Plant pit shall be 2 1/2 times the diameter and same depth as the root ball.
15-C Planting shall be accomplished only twice a year during either the Spring or Fall with a list
provided by the City of the type and location of trees to be replaced or as determined by the Inspector.
15-D Any trees to be replaced which suffer any Act of God, or vandalism and not due to negligence by
the contractor, shall be classified as supplemental items of work.
15-E Tree removal and replacement due to the Contractor's negligence, including lack of pest and
disease control, shall be at Contractor's expense.
15-F All newly planted trees shall be securely staked at all times with an approved stake and secured to
the stake with at least four approved ties. Tree ties shall be inspected monthly, and corrective action
taken to ensure against girdling and abrasion. Removal of stakes and ties shall be accomplished as
directed by the Inspector. Replacement, adjustment or removal of stakes and ties is included in the basic
bid price for tree maintenance.
15-G Replacement of trees shall be done in accordance with Paragraph 15-B of this Section.
The unit price paid for replacing trees shall include full payment for all work involved in furnishing
and planting new trees at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
SP -31
18.d
Packet Pg. 655 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
APPENDIX
SP -32
18.d
Packet Pg. 656 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
31 CITY OWNED LOCATIONS LIST
SP -33
18.d
Packet Pg. 657 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
MA MENANCE SCHEDULE
MOWING AND SERVICE SCHEDULE: The following sites will require landscape service once every
week year round.
Locations
1. Mt, View Medians 2494 Mt View Ave
2. Muscupiabe Medians 1107 Marshall Blvd
3. Broadmore Avenue Medians 3200 Broadmore
4. Theatre Square 500 West 0 St
5. Carousel Mall 500 West 2nd St
The following sites will require landscape service 2 xs per month year round.
Locations
1. Edison Greenbelt 1930 College Ave
2. Morgan & State 1603 State St
3. Kendall Drive Parkway 1626 Kendall
4. Northpark Blvd Median 750 Northpark Blvd
5. Palmyra Islands 123 East Palmyra
6. Congress Medians
7. Inland Center Medians
8.
9.
15.
16.
17.
Inland Center Drive Walkway
Mill & G Street Medians
Mount Vernon Median
Orange Show Median
Waterman Avenue Medians
30th Street Parkway
Highland Avenue Medians
Valencia Medians
Windsor Drive Medians
2nd Street & "E" Street Medians
1357 Congress
700 West Inland Center
900 Inland Center Drive
600 Block "G" St
703 South Mt Vernon
1100 East Orange Show
1500 South Waterman
597 East 30th
4002 East Highland
2600 Valencia
1286 Windsor
7502 nd St & 201 North "E" St
SP -34
18.d
Packet Pg. 658 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
18.
Yd & 4d' Street Medians 743 West 4' St
19. Parking Lot #1 450 North "F" St
20, Parking Lot 42 512 West 5't' St
21. Parking Lot #3 402 North "D" St
22. Parking Lot 44 455 North "D" St
23. Juan Pollo/Dons Drugs Parking Lot 1248 West 5d' St
24. Woolworth Building 1248 West 5'h St
25. Church Street Parking Lot 560 North "D" St
26. Armory 296 East 3rd St
All locations are exact or located within the site locations.
The following items of work shall be performed by the contractor at time of service:
Pickup of litter and debris, to include emptying litter receptacles
Irrigation test and repair
Weeding (all shrub/planter beds, curb gutter and sidewalk beds)
Raking beds
Shrub/planter bed edging
Pruning shrubs
Hedges
Sweeping/blowing walks (after mowing & edging)
Spraying for pre -emergent
Spraying for broadleaf weeds
Lawn mowing
Lawn edging
Pest and disease control
SP -35
18.d
Packet Pg. 659 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
APP R EN' IC E SH P PROGRAM
PUBLIC WORKS C 0NSTT.lU'
5 "
0N
SP -36
18.d
Packet Pg. 660 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
CONTRACT
AGREEMENT
SP -37
18.d
Packet Pg. 661 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this day of , 20_,
between the City of San Bernardino, (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,
Contractor agrees with the City, at his own proper cost and expense to furnish any and all required labor,
materials, and transportation as set forth in the Special Provisions to be furnished by City, necessary to
complete in good workmanlike and substantial manner the
MAINTENANCE OF LANDSCAPING OF 31 CITY OWNED SITES Listed In this Special
Provisions.
and in accordance with BID ITEMS and SUPPLEMENTAL ITEMS OF WORK and also in accordance
with Standard Specifications for Public Works/ Construction, current edition, on file in the office of the
City Engineer, and the "Landscape Cost Estimating" by Colton, current edition, on file in the office of
the Director of Public Works, which said Plans, Special Provisions, Standard Specifications, and
Landscape Cost Estimating are hereby especially referred to and by such reference made a part hereof.
2. 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.
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 account of race, color, creed,
religion, sex, marital status, national origin, or ancesfry 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 of
practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or
employees in the performance of this contract.
3. 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 term and conditions
herein contained and referred to, for the prices as set forth in the successful bid, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for
themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full
SP -38
18.d
Packet Pg. 662 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
performance of the covenants herein contained.
4. 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 or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
5. Notices. All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
CITY CONTRACTOR
Director of Public Works
City of San Bernardino
201 North "E" Street
San Bernardino, CA 92401
IN WITNESS WHEREOF, the parties to these present have hereunto set their hands
the year and the date first above written.
CONTRACTOR CITY OF SAN BERNARDINO
Name of Firm:
BY:
MAILING ADDRESS:
PHONE NO:
SP -39
ANDREA M. MILLER
City Manager
ATTEST:
GEORGEANN HANNA,
City Clerk
Approved as to Form:
GARY D. SAENZ, City Attorney
18.d
Packet Pg. 663 Attachment: Attachment 4 - Resolution No. 2018-087 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
A VENDOR SERVICE AGREEMENT WITH RP LANDSCAPE AND IRRIGATION
FOR LANDSCAPE MAINTENANCE OF THE CITY'S NORTH, CENTRAL AND
SOUTH PARK SITES
WHEREAS, on April 2, 2018, a formal bid, was solicited by Parks, Recreation and
Community Services Department and notices were posted on the City's website and printed in
the San Bernardino County Sun Newspaper; and,
WHEREAS, the bid price forms were divided into three separate sections: North, Central
and South park sites for park maintenance, restroom servicing and trash service; and,
WHEREAS, the bids were opened publicly on April 17, 2018 at 3:00 p.m.; and,
WHEREAS, RP Landscape and Irrigation located at San Bernardino, California was
determined to have submitted the lowest and most responsive bid for the City's North, Central
and South park sites pursuant to RFQ F-18-10.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. A contract is hereby awarded to RP Landscape and Irrigation in an
amount not to exceed $1,299,751.00 for FY 2018/19, with an option to renew for two (2)
additional years, FY 2019/20 and FY 2020/21 upon mutual agreement by both parties.
SECTION 2. All other bids, therefore, are hereby rejected.
SECTION 3. The City Manager or her designee is hereby authorized and directed to
execute a Vendor Service Agreement with RP Landscape and Irrigation, a copy of which is
attached hereto and incorporated herein by reference as though set forth at length and marked as
Exhibit "A".
18.e
Packet Pg. 664 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 4. The Director of Finance or his designee is directed to issue an annual
Purchase Order for a total amount not to exceed $1,299,751.00 for the period of July 1, 2018
through June 30, 2019. The Purchase Order shall reference this Resolution, state that it is for
park landscape maintenance, daily trash pickup, and restroom servicing for FY 2018/19 at the
City's North, Central and South park sites; and incorporate the terms and conditions of the
Agreement.
SECTION 5. This contract and any amendment or modifications hereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. Nor oral agreement, modifications or
waivers are intended or authorized and shall not be implied from any act or course of conduct of
any party.
SECTION 6. The authorization to execute this contract is rescinded if the parties to the
contract fail to execute it within sixty (60) days of passage of this Resolution.
G
18.e
Packet Pg. 665 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
A VENDOR SERVICE AGREEMENT WITH RP LANDSCAPE AND IRRIGATION
FOR LANDSCAPE MAINTENANCE OF THE CITY'S NORTH, CENTRAL AND
SOUTH PARK SITES
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
20th
day of June 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS is
VALDIVIA
SHORETT xcm,
NICKEL
RICHARD k
MULVIHILL X
ABSTAIN ABSENT
L`-/fir [+•
George Hanna, CM , City Clerk
The foregoing Resolution is hereby approved this
20th
day of June 2018.
l
R. Carey Davi, , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
i
f
3
18.e
Packet Pg. 666 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
CALIFORNIA AND RP LANDSCAPE AND IRRIGATION FOR LANDSCAPE MAINTENANCE
OF THE CITY'S NORTH, CENTRAL AND SOUTH PARK SITES
This Vendor Service agreement is entered into this 20th day of June 2018 ("Effective Date'),
by and between RP Landscape and Irrigation ("VENDOR") and the City of San Bernardino, a
charter city and municipal corporation ("CITY").
WITNESSETH:
WHEREAS, the Mayor and City Council has determined that it is advantageous and in the best
interest of the CITY to contract for parks maintenance services; and,
WHEREAS, the CITY did solicit and accept bids from available vendors for parks maintenance
services at the City's North, Central and South park sites; and,
WHEREAS, after soliciting the formal bid process for the required landscape maintenance, trash
pickup, and restroom servicing; it was determined that VENDOR can best meet CITY's needs; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provision of
California Government Code § 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide the services of landscape maintenance, trash pickup, and restroom services at the CITY'S
North, Central, and South park sites as set forth in CITY's RFQ F-18-10 (dated April 2, 2018),
attached hereto, and incorporated herein as Exhibit "A" ("Services").
2. COMPENSATION AND EXPENSES.
2.1 For the services delineated above, the CITY, upon presentation of an invoice, shall pay
the VENDOR up the amount of $1,299,751 for park maintenance, restroom maintenance
and trash services at the City's North, Central and South park sites for Fiscal Year
2018/19. The total price for each subsequent option year, if exercised, may not increase
more than FIVE PERCENT (5%) over the previous fiscal year's price without written
authorization of the Mayor and City Council.
2.1 No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be from July 1, 2018 to June 30, 2019. The term of this
Agreement may be extended on the same provisions and conditions, except for total price, for two
one-year periods following expiration of the current term upon written authorization of the City
Manager. This Agreement may be terminated at any time upon thirty (30) days written notice by
either party.
4. INDEMNITY.
To the fullest extent permitted by law, VENDOR, shall defend (with legal counsel
reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY and its elected officials,
officers, employees, agents, and representatives (Indemnified Parties) from and against any and all
claims, losses, costs, damages, injuries including, without limitation, injury to or death of an
18.e
Packet Pg. 667 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
employee of VENDOR or its subcontractors), expense, and liability of every kind, nature and
description (including, without limitation, incidental and consequential damages, court costs, and
litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith
and cost of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in
part, any goods provided or performance of services under this Agreement by VENDOR, any
subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them
control. VENDOR's duties to defend, indemnify, protect, and hold harmless shall not include any
claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties.
The VENDOR's indemnification obligation applies to the CITY's "active" as well as "passive"
negligence, but does not apply to the CITY's "sole negligence" or "willful misconduct" within the
meaning of Civil Code Section 2782.
M lLIVIIN17:3-C47-3
VENDOR shall maintain in effect policies of comprehensive public general, and
automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to commencing the Services provided by this Agreement. City shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the CITY shall require the insurer to notify CITY of any change or termination in the policy.
5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain during the
term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises -operations, products/completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury with a policy limit of not less than One Million Dollars
1,000,000.00), combines single limits, per occurrence and aggregate
b) Automobile Liability for owned vehicles, hired, and non -owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000.00) combined single
limits, per occurrence and aggregate.
c) Workers compensation insurance as required by the State of California.
5.2 Certificates of Insurance. VENDOR shall provide to CITY certificates of insurance
showing the insurance coverages and required endorsements described above, in a form
and content approved by the CITY, prior to performing any services under this
Agreement.
5.3 Non -Limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which VENDOR
may be held responsible for payments of damages to persons or property.
6. INCONSISTENT OR CONFLICTING TERMS.
This scope of the entire agreement between the parties is described in the agreement
Documents. The Agreement Documents are comprised of the RFQ F-18-40 and any other solicitation
document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to
VENDOR; the CITY's written acceptance of exceptions or clarifications to the Solicitation, if any;
and this Agreement including any exhibits hereto. In resolving conflicts resulting from errors or
discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any
inconsistent or conflicting provision in any other Agreement Document, including exhibits to this
Agreement.
18.e
Packet Pg. 668 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
7. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law.
8. INDEPENDENT CONTRACTOR.
VENDOR, its officers, agents, and employees, while performing Services pursuant to this
Agreement will be acting as independent contractors and not agents or employees of the CITY.
VENDOR is responsible for and must secure, at its own expense, any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for VENDOR and its officers, agents, and employees, and a business license, if
any are required, in connection with the services to be performed hereunder. This Agreement does not
create an agency, employee partnership, or joint venture between the CITY and VENDOR.
9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Any company doing business within the CITY is required to obtain a Business
Registration Certificate pursuant to Title 5 of the Municipal Code and must provide a copy of its
Business Registration Certificate to the CITY before commencing the Services to be provided by this
Agreement. VENDOR warrants that it possesses or shall obtain, and maintain a Business
Registration and any other licenses, permits, qualifications, insurance, or any other requirement
legally required of VENDOR to conduct its business in the CITY.
10. PREVAILING WAGE AND LABOR CODE REQUIREMENTS.
VENDOR is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California code of Regulations, Title 8, Section 16000, et seq.,
Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of
other requirements on certain "public works" and maintenance" projects. If the Services under this
Agreement are performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, VENDOR
agrees to comply fully with such prevailing Wage Laws.
11. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid, and addressed as follows:
TO THE CITY: TO THE VENDOR:
Director of Parks, Recreation and Community Services RP Landscape & Irrigation
290 N. D Street 1905 W. Rialto Avenue
San Bernardino, CA 92401 P.O. Box 1200
Telephone: (909) 384-5233 San Bernardino, CA 92402
12. 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 attorney's fees, incurred by 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,
18.e
Packet Pg. 669 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of
the LICENSEE shall be considered as "attorneys' fees" for the purposes of this Agreement.
13. NO THIItD PARTY BENEFICIARIES.
Except as may be specifically set forth in this Agreement, none of the provisions of this
Agreements are intended to benefit any third party not specifically referenced herein. No party other
than CITY and VENDOR shall have the right to enforce any of the provisions of this Agreement.
14. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet, or
encumber all or any part of the VENDOR's interest in this Agreement with CITY's prior written
consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall
constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of
City's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to
perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement.
15. VENUE.
The venue for any suit concerning solicitations or the Agreement, the interpretation of
application of any of its terms and conditions, or any related disputes shall be in the Superior Court
for the State of California, County of San Bernardino. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive in nature.
16. SUCCESSORS AND ASSIGNS.
This Agreement and all rights and obligations created by this Agreement shall be in force
and effect whether or not any parties to the Agreement have been succeeded by another entity, and all
rights and obligations created by this Agreement shall be vested and binding on any parry's successor
in interest.
17. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its provisions.
18. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
109a I rI I :
No failure of either CITY or VENDOR to insist upon the strict performance by the other
of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy
consequent upon a breach of such covenant, term, or condition of this Agreement, shall constitute a
waiver of any such breach of such covenant, term, or condition. No waiver of any breach shall affect
or alter this Agreement, and each and every covenant, term, or condition. No waiver of any breach
shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall
continue in full force and effect without respect to any existing or subsequent breach.
20. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY
20.1 All information received by the CITY from the VENDOR or any source concerning this
Agreement, including the Agreement itself, may be treated by the CITY as public information
subject to disclosure under the provisions of the California Public Records Act, Government
Code Section 6250 et seq. (the "Public Records Act"). VENDOR understands that although all
18.e
Packet Pg. 670 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
materials received by the CITY in connection with this Agreement are intended for the exclusive
use of the CITY, they are potentially subject to disclosure under the provisions of the Public
Records Act. In the event a request for disclosure of any, part, or all of any information with the
VENDOR has reasonably requested CITY to hold in confidence is made to the CITY, the CITY
shall notify the VENDOR of the request and shall thereafter disclose the requested information
unless the VENDOR within five (5) days of receiving notice of the disclosure request, requests
nondisclosure, provides CITY a legally sound basis for the nondisclosure, and agrees to
indemnify, defend, and hold the CITY harmless in any/all actions brought to require disclosure.
VENDOR waives any and all claims for damages, lost profits, or other injuries of any and all
kinds in the event CITY fails to notify VENDOR of any such disclosure request and/or release
any information concerning this Agreement received from the VENDOR or any other source.
20.2 Confidentiality. VENDOR acknowledges that the premises will be used by CITY for the
processing and storage of confidential information protected from unlawful access and disclosure
by federal, state, and local laws. CITY and its officers, agents, volunteers, and employees agree to
comply with relevant federal, state, and local laws pertaining to the security and protection of
such confidential information while on the premises. VENDOR agrees that it will prevent any
unlawful access to or disclosure of the confidential information by VENDOR, its officers, agents,
volunteers, employees, and contractors. VENDOR agrees that all entities with which VENDOR
contracts to provide services on the premises will prevent any unlawful access or disclosure of the
confidential information, and that said entities will agree to the same in writing. VENDOR
acknowledges that any unlawful access to or disclosure of confidential information may result in
the imposition of civil and criminal sanctions.
21. ENTIRE AGREEMENT; MODIFICATION.
This Agreement contains all the agreements of the parties hereto with respect to any
matter covered in this Agreement, and no prior agreement or understanding pertaining to such matter
shall be effective for any purpose. This Agreement specifically supersedes any prior agreement
between the parties related to the Property or Premises and the Parties hereby release each other from
any and all claims or obligations arising thereunder. This Agreement may be modified or amended
only by a written instrument executed by all parties to this Agreement.
18.e
Packet Pg. 671 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
set forth below.
CITY O SAN BE ARDINO
By:
Andrea M. Miller, City Manager
Date: 2 Za
1
Approved as to Legal Form:
GARY D. SAENZ, City Attorney
City of San Bernardino
By:
Date:
r
1 / -)- / ( 3
ATTEST: '
By:
Georgean arena, CM ity Clerk
VENDOR:
by:
Name)
Title: Al
Date:
18.e
Packet Pg. 672 Attachment: Attachment 5 - Resolution No. 2018-173 and Agreement (7338 : Amendments to Landscape & Irrigation Maintenance
18.f
Packet Pg. 673 Attachment: Attachment 6 - Resolution No. 2020-210 RP Landscape (7338 : Amendments to Landscape & Irrigation Maintenance
18.f
Packet Pg. 674 Attachment: Attachment 6 - Resolution No. 2020-210 RP Landscape (7338 : Amendments to Landscape & Irrigation Maintenance
18.f
Packet Pg. 675 Attachment: Attachment 6 - Resolution No. 2020-210 RP Landscape (7338 : Amendments to Landscape & Irrigation Maintenance
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Appropriation of Funds for Fleet Services Budget (All Wards)
Recommendation
Adopt Resolution 2021-145 of the Mayor and City Council of the City of San Bernardino,
California;
1. Authorizing the appropriation of funds in the amount of $110,000 from General
Fund to Fleet Services (Fund 635) for the remainder of FY 2020/21; and
2. Authorizing a $35,800 increase to Annual Purchase Order No. 2021 -207 to
Southern California Gas pursuant to Section 3.04.010 b-3 of the Municipal Code
for the purchase of CNG fuel; and
3. Authorizing a $58,400 increase to Annual Purchase Order No. 2021-114 to Merit
Oil Company pursuant to Section 3.04.010 b -3 of the Municipal Code for the
purchase of fuel.
Background
On June 20, 2018, the Mayor and City Council approved Resolution No. 2018-189,
adopting the City’s final budget document for FY 2018/19. The budget included CIP
Project GB19-005 for Fuel Station Upgrades at the City Yard to bring the existing fuel
station to current regulations and increase fueling capacity.
The new Compressed Natural Gas (CNG) Station (Station) has increased capacity of
dispensing by increasing the number of CNG dispensers, removing diesel capacity by
converting the existing diesel tank to unleaded fuel tank, updating existing system to
conform with credit card sale regulations, installing a canopy and improving the lighting.
The types of vehicles utilizing the Station on a daily basis include light and medium duty
vehicles, transit buses, refuse trucks and school buses.
The new Station was completed and opened in May 2020. The completion of the new
Station resulted in the installation of permanent in ground gas lines and a gas meter
from Southern California Gas Company (SoCal Gas). As such, SoCal Gas is the sole
source entity that supplies the CNG fuel to the City’s new Station.
19
Packet Pg. 676
7347
Page 2
Discussion
The new CNG fuel station upgrade has resulted in an increased volume of CNG the City
has sold to outside customers. Simultaneously, the increased volume of CNG fuel has
resulted in an increase of Federal Excise Taxes on the CNG fuel sold. Additionally, the
increase in the volume of CNG fuel the City receives from SoCal Gas has resulted in an
increase of vendor use fuel tax on the CNG fuel. Vendor use tax on are taxes on the
sale of gallon equivalents for CNG fuel that the City purchases from SoCal Gas.
Due to the COVID-19 Pandemic, demands for fuel and the taxes associated with fuel
usage were difficult to project. The City has seen a sharp increase in CNG fuel
purchases from outside customers and entities with the State reopening; staff
recommends appropriating $110,000 from the General Fund into the Fleet Services
Fund for the purpose of increasing purchase orders for fuel purchased from SoCal Gas
and Merit Oil Company and paying federal excise taxes on CNG fuel sold, vendor use
taxes on the CNG fuel received for the remainder of FY 2020/21.
2020-2025 Key Strategic Targets and Goals
Appropriating funds for Federal Excise Tax is consistent with Key Target No. 1b:
Financial Stability. Implement, maintain, and update a fiscal a ccountability plan as it
updates the Fleet Services fund to correctly allocate expenditures associated with fuel
sales.
Fiscal Impact
The fiscal impact to the General Fund is $110,000. Staff is requesting this amount in
order for Fleet Services Fund to fulfill demand and pay required federal excise and
vendor use taxes. Costs for fuel purchases are offset through payments received by
users of the Station at the time of fueling. While fuel sales will offset the cost of fuel sold
to outside customers, internal usage is not offset by revenue and staff does not
anticipate that the $110,000 will be offset in FY 2020/21.
Staff is requesting appropriation of $110,000 from the General Fund to the following
Fleet Services Fund accounts:
$60,000 in G/L Account: 635-400-0100*5113 for motor fuel and lubricants.
$50,000 in G/L Account: 635-400-0100*5119 for fuel excise tax.
Staff is requesting increases to the following purchase orders:
Purchase Order No. 2021-207 (Southern California Gas) in the amount of
$35,800 for a total purchase order amount of $326,800.
Purchase Order No. 2021-114 (Merit Oil Company) in the amount of $58,400 for
a total purchase order amount of $699,346 .
Conclusion
It is recommended that the Mayor and City Council of the City of San Bern ardino,
California, adopt Resolution 2021-145:
1. Authorizing the appropriation of funds in the amount of $110,000 from General
Fund to Fleet Services (Fund 635) for the remainder of FY 2020/21; and
19
Packet Pg. 677
7347
Page 3
2. Authorizing a $35,800 increase to Annual Purchase Order No. 2021-207 to
Southern California Gas pursuant to Section 3.04.010 b-3 of the Municipal Code
for the purchase of CNG fuel; and
3. Authorizing a $58,400 increase to Annual Purchase Order No. 2021-114 to Merit
Oil Company pursuant to Section 3.04.010 b-3 of the Municipal Code for the
purchase of fuel.
Attachments
Attachment 1 Resolution No. 2021-145
Ward: All
Synopsis of Previous Council Actions:
June 20, 2021 Resolution No. 2018-189, adopting the City’s final budget document
for FY 2018/19.
19
Packet Pg. 678
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE APPROPRIATION OF FUNDS IN
THE AMOUNT OF $110,000 FROM THE GENERAL FUND
TO FLEET SERVICES (FUND 635) FOR THE REMAINDER
OF FY 2020/21; AND AUTHORIZING A $35,800 INCREASE
TO PURCHASE ORDER NUMBER 2021-207 TO
SOUTHERN CALIFORNIA GAS PURSUANT TO SECTION
3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE
PURCHASE OF CNG FUEL; AND AUTHORIZING A
$58,400 INCREASE TO ANNUAL PURCHASE ORDER
NUMBER 2021-114 TO MERIT OIL COMPANY.
PURSUANT TO SECTION 3.04.010 B-3, OF THE
MUNICIPAL CODE FOR THE PURCHASE OF FUEL.
WHEREAS, the City completed the CIP fuel station upgrades at the City yard; and
WHEREAS, the fuel station upgrades have resulted in an increase in volume of fuel the
City has sold to outside entities; and
WHEREAS, the increase in volume of fuel sold has resulted in an increase in City-paid
Federal excise taxes on fuel and vendor use taxes that the City is required to pay; and
WHEREAS, for the purpose of maintaining fiscal accountability, staff recommends
transferring fuel excise tax and vendor use tax expenditures out of account 635-400-0100*5113
(Motor Fuel & Lubricants) to 635-400-0100*5119 (Fuel Excise Tax); and
WHEREAS, due to the Country and State re-opening from the COVID-19 Pandemic,
supply, demand and taxes were difficult to project, a supplemental appropriation in the total
amount of $110,000 is required from the General Fund to support the Fleet Services Budget
(Fund 635) for fuel purchases.
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 to appropriate funds in the
amount of $110,000 from General Fund to Fleet Services (Fund 635) for the remainder of FY
2020/21.
SECTION 3. This increase of purchase order numbers 2021-207 and 2021-114 are
exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant
to Section 3.04.010. B.3 of said Code “Purchases approved by the Mayor and City Council.”
19.a
Packet Pg. 679 Attachment: Resolution No. 2021-145 Appropriation of Funds for Fleet Services Budget (All Wards) (7347 : Appropriation of Funds for Fleet
Resolution No. ___
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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
19.a
Packet Pg. 680 Attachment: Resolution No. 2021-145 Appropriation of Funds for Fleet Services Budget (All Wards) (7347 : Appropriation of Funds for Fleet
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
19.a
Packet Pg. 681 Attachment: Resolution No. 2021-145 Appropriation of Funds for Fleet Services Budget (All Wards) (7347 : Appropriation of Funds for Fleet
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: FY 2020/21 Year-End Budget Adjustments (All Wards)
Recommendation
Adopt Resolution 2021-146 of the Mayor and City Council of the City of San Bernardino,
California, authorizing the Director of Finance to amend the FY 2020/21 budget for
technical adjustments necessary to conform to the financial reporting best practices as
recommended by the Government Finance Officers Association (GFOA).
Background
On June 24, 2020, the Mayor and City Council adopted Resolution No. 2020 -128,
approving and adopting the Operating Budget and Capital Improvement Plan (CIP) for
Fiscal Year 2020/21.
Discussion
The Government Finance Officers Association (GFOA) has established best practices
for financial reporting with the aim of encouraging and assisting state and local
governments to go beyond the minimum requirements of generally accepted accounting
principles and prepare comprehensive annual financial reports that evidence the spirit of
transparency and full disclosure.
In an effort to follow such practices for increased transparency and enhanced financial
reporting, it is necessary for the City to make certain technical adjustments to the FY
2020/21 Budget. The GFOA recommends that governments detail the budgets for
capital improvement projects between construction costs and staff ti me. However, the
current budgets for the City's capital projects include only one lump sum for construction
costs for the entire project. As a result, it is necessary to adjust the adopted budget to
allocate the portion of the projects already intended (and used) to cover staff time.
For example:
The Measure I Special Revenue Fund had expenditures of $6,542,768 in FY 2018/19,
and this amount was reported in total as “Streets, Public service.” The amount was not
broken down into any categories of expenditure. The City budgets each project that is
funded by Measure I separately, but has not budgeted staff time separately from other
construction costs in those project budgets. For the FY 2020/21 Financial Reports, Staff
will adjust the budget allocation (not the amount) between the actual staff time and other
costs, which will provide more transparency for anyone who reads the reports. For FY
20
Packet Pg. 682
7357
Page 2
2021/22 the capital budgets remain net of staff time; however, staff will bring an
amendment to Council at a future quarterly report to separate staff time not only for
reporting transparency but for improved accountability in management and reporting.
It is important to keep in mind that this is an administrative item that does not
appropriate any additional funds that th e Mayor and City Council have not already
approved.
2020-2025 Key Strategic Targets and Goals
Authorizing the amendment of the FY 2020/21 for technical adjustments aligns with Key
Target No. 1: Financial Stability by ensuring that the City follows best practices for
financial reporting.
Fiscal Impact
There is no fiscal impact associated with this action, as any actual amounts spent were
paid with existing budget authorization. The adjustments are administrative in nature
and necessary to conform the City's financial reporting with GFOA recommendations.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2021-146, authorizing the Director of Finance to amend the
FY 2020/21 budget for technical adjustments necessary to conform to the financial
reporting best practices as recommended by the Government Finance Officers
Association (GFOA).
Attachments
Attachment 1 Resolution 2021-146
Wards: All
Synopsis of Previous Council Actions: N/A
20
Packet Pg. 683
Resolution No. 2021-146
RESOLUTION NO. 2021-146
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 BUDGET FOR TECHNICAL
ADJUSTMENTS NECESSARY TO CONFORM TO THE
FINANCIAL REPORTING BEST PRACTICES AS
RECOMMENDED BY THE GOVERNMENT FINANCE
OFFICERS ASSOCIATION (GFOA)
WHEREAS, the Mayor and City Council of the City of San Bernardino adopted
Resolution 2020-128 approving and adopting the operating budget and capital improvement plan
(CIP) for Fiscal Year 2020/21; and
WHEREAS, the City seeks to conform to the financial reporting best practices as
recommended by the Government Finance Officers Association (GFOA).
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 Finance Director is hereby authorized to amend the Fiscal Year
2020/21 budget for technical adjustments necessary to conform to the financial reporting best
practices as recommended by the GFOA.
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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
20.a
Packet Pg. 684 Attachment: Attachment 1 - Resolution 2021-146 FY 2020/21 Year-End Budget Adjustments (All Wards) (7357 : FY 2020/21 Year-End Budget
Resolution No. 2021-146
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
20.a
Packet Pg. 685 Attachment: Attachment 1 - Resolution 2021-146 FY 2020/21 Year-End Budget Adjustments (All Wards) (7357 : FY 2020/21 Year-End Budget
Resolution No. 2021-146
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
20.a
Packet Pg. 686 Attachment: Attachment 1 - Resolution 2021-146 FY 2020/21 Year-End Budget Adjustments (All Wards) (7357 : FY 2020/21 Year-End Budget
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Construction Contract Award – Storm Drain Repair at Various
Locations (All Wards)
Recommendation
Adopt Resolution No. 2021-147 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with TR YCO General
Engineering in the amount of $565,020, to provide the construction of Storm Drain
Repair At Various Locations ("Project"); and
2. Authorizing the project construction, construction contingencies, and engineering &
inspection costs in the total amount of $750,000 for the Project; and
3. Authorizing the Director of Finance to allocate additional funding in the amount
of$308,452.12 from Storm Drain DIF Fund (248) to the Project (Account number
248-160-8672*5504) to fully fund the project construc tion, construction
contingencies, and engineering & inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Background
The Public Works Department is responsible for the repair and maintenance of the
City’s storm drain system. Due to the age of the system and years of deferred
maintenance, several areas of the system have been identified where repairs and
improvements to the infrastructure are necessary to restore effective storm water
conveyance.
The Mayor and City Council previously approved Capital Improvement Plan (CIP)
project to begin addressing this work. The project focused on improving the condition of
storm water infrastructure at intersections that experience flooding during storm events.
CIP Project No. SD19-002 (Storm Drain Annual Upgrades) was approved and funding
in the amount of $441,547.88 remains available to address storm drain system
improvements throughout the City. The project is funded through Storm Drain DIF Fund
21
Packet Pg. 687
7360
Page 2
No. 248.
Discussion
Project No. 13432, to provide Storm Drain Repair At Various Locations, was advertised
for public bidding on April 28, 2021 and May 5, 2021 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.
The project consists of repairing storm drains at the following 10 locations:
South Tippecanoe Avenue and Harry Shepard Boulevard
N. Arrowhead Avenue and W. Marshall Boulevard Box Culvert
W. Highland Avenue and N. ‘E’ Street, Box Culvert
Hillcrest Avenue and South Arrowhead Avenue
2571 West 7th Street
N. Miramonte Drive and W. Marshall Boulevard, Box Culvert
Cole Elementary School (1331 N. Cole Avenue)
N. Waterman Avenue and E. Highland Avenue
North Meridian Avenue and East Foothill Boulevard
South Sierra Way and 3rd Street
Three sealed bids were received on May 20, 2021 as follows:
Bidder City Base Bid
TRYCO General Engineering Rimforest $565,020
Kirtley Construction, Inc. dba TK Construction
Company
San Bernardino $613,980
GRFCO, Inc. Perris $767,400
City staff reviewed the bid package and confirmed that TRYCO General Engineering of
Rimforest, California is the lowest responsible and responsive bidder, with a total
construction bid amount of $565,020.
In addition to construction costs, staff anticipates the need for a construction
contingency to provide for any unforeseen work that is related to the project. The
contingency amount of $120,000 is higher than would normally be requested due to the
multiple project locations and the age of the City's storm drain system. Few as -built
plans are available to assess the existing storm drain conditions in detail, making a
higher contingency necessary in anticipation of unforeseen conditions and
complications. An additional $308,452.12 is also required to support staff time for
engineering and inspections of the project. If awarded by the Mayor and City Council,
construction is expected to begin in July 2021 and be completed by December 2021.An
additional $308,452.12 is also required to support staff time for engineering and
21
Packet Pg. 688
7360
Page 3
inspections of the project. If awarded by the Mayor and City Council, construction is
expected to begin in July 2021 and be completed by December 2021.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1: Financial Stability. Approval of this
resolution will result in public improvements being constructed that minimize risk and
litigation exposure due to failing storm drain system.
Fiscal Impact
Project budget for the proposed work was previously established through the adopted
FY 2020/21 Capital Improvement Plan in Storm Drain Upgrades (Annual) project in
Storm Drain Development Impact Fee (DIF) Fund account 248-160-8672. There is no
General Fund fiscal impact associated with this action. The approved project budget in
the amount of $441,547.88 remains available. A supplemental appropriation is needed
from Storm Drain DIF Fund unallocated fund balance in the amount of $308,452.12 to
support the full project cost of $750,000. The breakdown for overall cost of the
improvement work is as follows:
Construction Bid Amount $565,020
Construction Contingency $120,000
Engineering and Inspections $ 64,980
Total Project Cost $750,000
A supplemental appropriation in the amount of $308,452.12 is required to fully fund the
project as shown below:
Remaining Available Project Budget (248-160-8672) $441,547.88
Additional Funding Required (Storm Drain DIF Fund No. 248) $308,452.12
Total Available Project Funding $750,000
Conclusion
Adopt Resolution No. 2021-147 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with TRYCO General
Engineering in the amount of $565,020, to provide the construction of Storm Drain
Repair At Various Locations ("Project"); and
2. Authorizing the project construction, construction contingencies, and engineering &
inspection costs in the total amount of $750,000 for the Projec t; and
3. Authorizing the Director of Finance to allocate additional funding in the amount of
$308,452.12 from Storm Drain DIF Fund (248) to the Project (Account number 248 -
160-8672*5504) to fully fund the project construction, construction contingencies ,
and engineering & inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
21
Packet Pg. 689
7360
Page 4
necessary, to complete the project.
Attachments
Attachment 1 Resolution No. 2021-147;
Attachment 2 Resolution No. 2021-147 - Exhibit A - Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward: All
Synopsis of Previous Council Actions:
June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128
approving Capital Improvement Program FY 2020/212021
21
Packet Pg. 690
Resolution No. 2021-147
RESOLUTION NO. 2021-147
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT AGREEMENT WITH TRYCO GENERAL
ENGINEERING IN THE AMOUNT OF $565,020, TO
PROVIDE THE CONSTRUCTION OF STORM DRAIN
REPAIR AT VARIOUS LOCATIONS (“PROJECT”); AND
AUTHORIZING THE PROJECT CONSTRUCTION,
CONSTRUCTION CONTINGENCIES, AND
ENGINEERING & INSPECTION COSTS IN THE TOTAL
AMOUNT OF $750,000 FOR THE PROJECT; AND
AUTHORIZING THE DIRECTOR OF FINANCE TO
ALLOCATE ADDITIONAL FUNDING IN THE AMOUNT
OF $308,452.12 FROM STORM DRAIN DIF FUND (248) TO
THE PROJECT (ACCOUNT NUMBER 248-160-8672*5504)
TO FULLY FUND THE PROJECT CONSTRUCTION,
CONSTRUCTION CONTINGENCIES, AND
ENGINEERING & INSPECTIONS; AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT
WHEREAS, the City of San Bernardino Public Works Department is responsible for the
repair and maintenance of the citywide storm drain system; and
WHEREAS, several locations have been identified where repairs and improvements to
storm drain infrastructure are necessary to restore effective storm water conveyance; and
WHEREAS, project funding in the amount of $441,548 remains available to from
approved budgets established in Storm Drain DIF Fund (Fund 248) for Storm Drain Repair at
Various Locations “Project”; and
WHEREAS, in May, 2021 staff administered a competitive bid process for construction
of the Project resulting in three construction cost submittals; and
WHEREAS, TRYCO General Engineering of Rimforest, California has been determined
to be the lowest responsive and responsible bidder with a construction bid amount of $565,020;
and
WHEREAS, the City now wishes to enter into a construction agreement with TRYCO
General Engineering of Rimforest, California in the amount of $565,020 to construct the Project;
and
WHEREAS, additional funding in the amount of $308,452.12 is requested from Storm
Drain DIF Fund (Fund 248) to fully support project costs through completion.
21.a
Packet Pg. 691 Attachment: Attachment 1 - Resolution No. 2021-147 Construction Contract Award – Storm Drain Repair at Various Locations (All Wards) (7360
Resolution No. 2021-147
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 to execute all
documents in support of Storm Drain Repair at Various Locations Project 13432 (“Project”)
including a Construction Agreement with TRYCO General Engineering in the amount of
$565,020 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”, and to
expend contingency funds, if necessary, to complete the Project.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
Capital Improvement Plan (CIP) to allocate an additional $308,452.12 from Storm Drain DIF
Fund (248) to the Project and to issue a purchase order in the amount of $565,020 to TRYCO
General Engineering, of Rimforest, in support of the Construction Agreement.
SECTION 4. As the decision-making body for the project, the City Council has
reviewed and considered the information contained in the administrative record for the proposed
project. Based upon the facts and information contained in the administrative record, including
all written and oral evidence presented to the City Council, the City Council 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;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the
CEQA Guidelines because it involves the repair of existing storm drain infrastructure.
Additionally, 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.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because repair of existing storm
drains does not present any unusual circumstances; would not damage scenic resources,
including any resources in the area of a Scenic Highway; would not be utilized on a hazardous
waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City
Council.
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.
21.a
Packet Pg. 692 Attachment: Attachment 1 - Resolution No. 2021-147 Construction Contract Award – Storm Drain Repair at Various Locations (All Wards) (7360
Resolution No. 2021-147
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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
21.a
Packet Pg. 693 Attachment: Attachment 1 - Resolution No. 2021-147 Construction Contract Award – Storm Drain Repair at Various Locations (All Wards) (7360
Resolution No. 2021-147
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
21.a
Packet Pg. 694 Attachment: Attachment 1 - Resolution No. 2021-147 Construction Contract Award – Storm Drain Repair at Various Locations (All Wards) (7360
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 ______TRYCO General Engineering
(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. 13432
in strict conformity with Plans and Special Provisions No. 13432, 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.
2. 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.
3. 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 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.
A-1
21.b
Packet Pg. 695 Attachment: Attachment 2- Resolution No. 2021-147- Exhibit A - Construction Contract (7360 : Construction Contract Award – Storm Drain
STORM DRAIN REPAIR AT VARIOUS LOCATIONS
Project No. 13432
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:
TRYCO General Engineering BY: ________________________________
ROBERT D. FIELD
City Manager
BY: _______________________________
TITLE: ATTEST:
MAILING ADDRESS:
PO Box 391 Genoveva Rocha, CMC
Rimforest, CA 960285 City Clerk
PHONE NO.: (909) 337-3336_________ APPROVED AS TO FORM:
ATTEST: _______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
A-2
21.b
Packet Pg. 696 Attachment: Attachment 2- Resolution No. 2021-147- Exhibit A - Construction Contract (7360 : Construction Contract Award – Storm Drain
21.c
Packet Pg. 697 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 698 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 699 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 700 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 701 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 702 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 703 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 704 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 705 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 706 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.c
Packet Pg. 707 Attachment: Attachment 3 - Bid Tabulation (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 708 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 709 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 710 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 711 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 712 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 713 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 714 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 715 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 716 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 717 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 718 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 719 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 720 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 721 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 722 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 723 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 724 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 725 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 726 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 727 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 728 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 729 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 730 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 731 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 732 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 733 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 734 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.d
Packet Pg. 735 Attachment: Attachment 4 - Bid Proposal (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 736 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 737 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 738 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 739 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 740 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 741 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 742 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 743 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 744 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
21.e
Packet Pg. 745 Attachment: Attachment 5 - Location Map (7360 : Construction Contract Award – Storm Drain Repair at Various Locations (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Irrevocable Agreement to Annexation No. 2021-364 (Ward 4)
Recommendation
Adopt Resolution No. 2021-148 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated territory
located at 4270 North 4th Avenue (APN 0265-093-15) and authorizing the City Manager
to execute an Irrevocable Agreement to Annex.
Background
The San Bernardino Municipal Water Department has recently rec eived a request for
sewer service from the owners of the parcel located at 4270 North 4th Avenue (APN
0265-093-15) for a connection to the sewer collection system. The parcel is located in
an unincorporated area along the west side of 4 th Avenue. The property owner is
abandoning the existing septic tank and desires to connect to the sewer collection
system.
In 1994, the California Government Code was amended to add Section 56133, which
requires the Local Agency Formation Commission (LAFCO) to approve the provision of
new City services outside its corporate boundaries. The annexation of single parcels is
not desirable since it creates uneven boundaries and affects delivery of other City
services. This property is contiguous to City boundaries; however an nexation of this
property will result in other islands.
In September of 1997, the City adopted a policy relative to providing sewer services
outside of City boundaries. The policy includes a payment of $1,321 for the initial sewer
connection application processing fee. Additionally, the petitioner will pay all LAFCO
related fees directly to LAFCO and the normal sewer capacity and connection fees to
the Water Department for processing the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
22
Packet Pg. 746
7361
Page 2
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and that the existing residential use is consistent
with the City's General Plan. The Water Department Engineering Division has
determined that there is an existing 10 inch vitrified clay pipe sanitary sewer main within
4th Avenue, fronting this property.
LAFCO requires that the application be made by the Agency to provide the service.
The resolution will allow the City to submit an application to LAFCO if approved by
Mayor and City Council. Upon approval by LAFCO , the Irrevocable Agreement to
Annex will be executed between the City and the applicant.
2020-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Targe t No. 4b: Update the
General Plan and Development Code as it ensures this property meets General Plan
use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,321 for the sewer
connection application processing fee has been paid by the applicant. The applicant
will also pay the corresponding sewer capacity and connection fees to the Water
Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-148, approving the Application to the Local
Agency Formation Commission to provide City sewer services to property within
unincorporated territory located at 4270 North 4th Avenue (APN 0265-093-15) and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 Resolution No. 2021-148
Attachment 2 Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to
Annex
Attachment 3 Vicinity Map
Attachment 4 Application
Ward: 4
Synopsis of Previous Council Actions:
1994 The California Government Code section was amended by the
addition of Section 611, which requires the Local Agency Formation
Commission (LAFCO) to approve the provision of new City services
outside its corporate boundaries.
September 1997 The City of San Bernardino adopted a policy relative to the
providing of sewer services outside of City boundaries.
22
Packet Pg. 747
Resolution No. 2021-148
RESOLUTION NO. 2021-148
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE
CITY SEWER SERVICES TO PROPERTY WITHIN
UNINCORPORATED TERRITORY LOCATED AT 4270
NORTH 4TH AVENUE
WHEREAS, the owners of the property in an unincorporated area of the County at 4270
North 4th Avenue, also known as Assessor’s Parcel Number 0265-093-15, have requested
connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby
authorize an application to the LAFCO for the connection to the City’s sewage system for
property located at 4270 North 4th Avenue, Assessor’s Parcel Number 0265-093-15, more fully
described as follows:
South Half of Lot 64 of Tract NO. 1748 Arrowhead Suburban Farms Tract “E”, in the
County of San Bernardino, State of California, as per map recorded in Book 25, Page 59 of
Maps, in the Office of the County Recorder of San Bernardino County, State of California with
Assessor’s Parcel Number: 0265-093-15
SECTION 3. The City Manager, or his designee, is hereby authorized to execute an
Irrevocable Agreement to Annex No. 2021-364, a copy of which is attached as Exhibit “A”.
22.a
Packet Pg. 748 Attachment: Attachment 1: Resolution No. 2021-148 Irrevocable Agreement to Annexation No. 2021-364 (Ward 4) (7361 : Irrevocable Agreement
Resolution No. 2021-148
SECTION 4. That the City Clerk of said City is hereby authorized and directed to file, or
cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5. 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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
22.a
Packet Pg. 749 Attachment: Attachment 1: Resolution No. 2021-148 Irrevocable Agreement to Annexation No. 2021-364 (Ward 4) (7361 : Irrevocable Agreement
Resolution No. 2021-148
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
22.a
Packet Pg. 750 Attachment: Attachment 1: Resolution No. 2021-148 Irrevocable Agreement to Annexation No. 2021-364 (Ward 4) (7361 : Irrevocable Agreement
LAFCO SC#
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2021-364
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this
day of June 16, 2021; by and between Ricardo Jimenez Jimenez and Maria De Jesus
Sandoval, Husband and Wife as Joint Tenants Hereinafter referred to as “OWNER,” and the
CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred
to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as
“Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the unincorporated parcel, located at 4270
North 4 th Avenue , San Bernardino , California, and parcel is further described as
follows: South half of Lot 64 of Tract No 1748 Arrowhead Suburban
Farms Tract “E”, in the County of San Bernardino, State of
California, as per map recorded in Book 25, Page 5 9 of maps , in the
office of the County Recorder of San Bernardino County, State of California with
Assessor’s Parcel Number(s): 0265-093-15 (“Property”).
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could
be provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an
equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs,
successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
22.b
Packet Pg. 751 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-364 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and its Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local
Agency Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER’s and its
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code and any rules and
regulations promulgated by the Water Board of the San Bernardino Municipal
Water Department relating to CITY’s sewage system and wastewater treatment
plant service system.
f. To make application to LAFCO, and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successor
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
22.b
Packet Pg. 752 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-364 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable residential standards. Reasonable standards are defined as the
level of maintenance service necessary to keep the appearance and operation of
the Property free from visible defects, deterioration, dirt and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
22.b
Packet Pg. 753 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-364 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
22.b
Packet Pg. 754 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-364 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
Robert D. Field
City Manager
Signature
Name
Sonia Carvalho
City Attorney
Signature
Attested By:
Name
Genoveva Rocha
CMC, City Clerk
22.b
Packet Pg. 755 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , 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.
Notary Public
(Seal)
22.b
Packet Pg. 756 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , 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.
Notary Public
(Seal)
22.b
Packet Pg. 757 Attachment: Attachment 2: Resolution No. 2021-148; Exhibit A - Irrevocable Agreement to Annex (7361 : Irrevocable Agreement to Annexation
22.c
Packet Pg. 758 Attachment: Attachment 3: Application (7361 : Irrevocable Agreement to Annexation No. 2021-364 (Ward 4))
22.d
Packet Pg. 759 Attachment: Attachment 4: Vicinity Map (7361 : Irrevocable Agreement to Annexation No. 2021-364 (Ward 4))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Small Cell Ordinance - Second Reading (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1560 amending the
San Bernardino Municipal Code to add to Title 12 Chapter 12.05, “Right-of-Way Permits
- Wireless Facilities”.
Background
Traditionally, wireless antennas and equipment were primarily installed on large towers
on private and public land and on the rooftops of buildings. In recent years, wireles s
services companies increasingly seek to install wireless facilities in the public right -of-
way (ROW) on utility poles, streetlights, and new poles. Current predictions indicate that
the next wave of wireless facility deployment (i.e., 5G) will involve as much as $275
billion in investment over the next decade, with the vast majority of these new facilities
anticipated to be placed in the public ROW.
Developments on private land and buildings are typically subject to land use review
under the zoning ordinance and installations in the public ROW are typically addressed
through encroachment permits. However, the City’s existing municipal code contains
minimal standards or regulations designed to address the unique aesthetic, safety,
operational, and locational issues associated with the installation of wireless facilities
specifically in the public ROW.
Discussion
On June 2, 2021, Ordinance MC-1560 was introduced for first reading to the Mayor and
City Council. The Ordinance is now being returned to the Mayor and City Council for the
final reading and adoption. The Ordinance will become effective 30 days from the date
of adoption.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: Financial Stability. Approval of this
Ordinance will establish guidelines for public improvements being constructed that will
improve wireless communication services to residents and business owners through the
City.
23
Packet Pg. 760
7362
Page 2
Fiscal Impact
City staff time required for processing permit applications for wireless facilities in the
public right-of-way (ROW) and related appeals will be covered by permit fees. Staff will,
at a future meeting, bring to the Mayor and City Council a resolution to adopt the related
fees to offset any fiscal impact associated with the recommended action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1560 amending the
San Bernardino Municipal Code to add to Title 12 Chapter 12.05, “Right-of-Way Permits
- Wireless Facilities”.
Attachments
Attachment 1 Ordinance MC-1560
Ward: All
Synopsis of Previous Council Actions:
June 2, 2021 Mayor and City Council introduced Ordinance No MC-1560
amending the San Bernardino Municipal Code to add to Title
12 Chapter 12.05, “Right-of-Way Permits - Wireless
Facilities”.
23
Packet Pg. 761
Ordinance No. MC-1560
ORDINANCE NO. MC-1560
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO TO AMEND THE
CITY OF SAN BERNARDINO MUNICIPAL CODE TO ADD
CHAPTER 12.05, “RIGHT-OF-WAY PERMITS –
WIRELESS FACILITIES”
WHEREAS, pursuant to the California State Constitution, the City of San Bernardino
(“City”) has the authority to adopt such ordinances as it deems necessary and appropriate to
assure good government in the City, to protect and preserve the City’s rights, property and
privileges, and to preserve peace, safety and good order; and
WHEREAS, Chapter 12.03 of the City Municipal Code preserves the City’s authority to
regulate the public rights of way; and
WHEREAS, the City deems it to be necessary and appropriate to provide for certain
standards and regulations relating to the location, placement, design, construction and
maintenance of telecommunications towers, antennas and other structures within the City’s
public rights-of-way, and providing for the enforcement of said standards and regulations,
consistent with federal and state law limitations on that authority.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2. Amendment to Section 19.20.030. Section 19.20.030.3.A. of Chapter
19.20 of Title 19 of the San Bernardino Municipal Code shall be amended to add the following
language to immediately precede Section 19.20.030.3.B:
“ The following installations in all areas of the City are exempt from the provisions of this
section:
1. Wireless facilities in public rights-of-way, which are defined in and regulated
by Chapter 12.05.”
SECTION 3. Addition of Chapter 12.05. Title 12 of the San Bernardino Municipal
Code shall be amended to add a new Chapter 12.05, entitled “Wireless Facilities in Public
Rights-Of-Way” as follows:
“ CHAPTER 12.05
RIGHT-OF-WAY PERMITS – WIRELESS FACILITIES
Sections:
23.a
Packet Pg. 762 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
2
12.05.010 Purpose
12.05.020 Definitions
12.05.030 Scope
12.05.040 Administration
12.05.050 General Standards for Wireless Facilities in the Public Rights-of-Way
12.05.060 Applications
12.05.070 Findings; Decisions; Consultants
12.05.080 Conditions of Approval
12.05.090 Breach; Termination of Permit
12.05.100 Infrastructure Controlled By City
12.05.110 Nondiscrimination
12.05.010. Purpose.
(a) The purpose of this Chapter is to establish a process for managing, and uniform standards
for acting upon, requests for the placement of wireless facilities within the public rights-
of-way of the City consistent with the City’s obligation to promote the public health,
safety, and welfare, to manage the public rights-of-way, and to ensure that the public is
not incommoded by the use of the public rights-of-way for the placement of wireless
facilities. The City recognizes the importance of wireless facilities to provide high-
quality communications service to the residents and businesses within the City, and the
City also recognizes its obligation to comply with applicable Federal and State law
regarding the placement of personal wireless services facilities in its public rights-of-way.
This ordinance shall be interpreted consistent with those provisions.
12.05.020. Definitions. The terms used in this Chapter shall have the following meanings:
Application: A formal request, including all required and requested documentation and
information, submitted by an applicant to the City for a wireless encroachment permit.
Applicant: A person filing an application for placement or modification of a wireless
facility in the public right-of-way.
Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or
any successor provision.
Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
FCC: The Federal Communications Commission or its lawful successor.
Municipal Infrastructure: City-owned or controlled property structures, objects, and
equipment in the ROW, including, but not limited to, street lights, traffic control structures,
banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers
located within the ROW.
23.a
Packet Pg. 763 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
3
Permittee: any person or entity granted a wireless encroachment permit pursuant to this
Chapter.
Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C.
Section 332(c)(7)(C)(i).
Personal Wireless Services Facility: means a wireless facility used for the provision of
personal wireless services.
Public Right-of-Way, or ROW: shall have the same meaning as “Public Street” in
Section 12.03.020(O), but shall also include any portion of any road or public way which the
City has the responsibility to maintain or manage.
Small Cell Facility: shall have the same meaning as “small wireless facility” in 47
C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility
that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility—
(i) is mounted on a structure 50 feet or less in height, including antennas, as
defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent
structures, or
(iii) does not extend an existing structure on which it are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no
more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Support Structure: Any structure capable of supporting a base station.
Tower: Any structure built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures that are
constructed for personal wireless services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul, and the associated site. This definition does not include utility
poles.
Underground areas: Those areas where there are no electrical facilities or facilities of
the incumbent local exchange carrier in the right of way; or where the wires associated with
23.a
Packet Pg. 764 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
4
the same are or are required to be located underground; or where the same are scheduled to
be converted from overhead to underground. Electrical facilities are distribution facilities
owned by an electric utility and do not include transmission facilities used or intended to be
used to transmit electricity at nominal voltages in excess of 35,000 volts.
Utility Pole: A structure in the ROW designed to support electric, telephone and similar
utility lines. A tower is not a utility pole.
Wireless Encroachment Permit: A permit issued pursuant to this Chapter authorizing
the placement or modification of a wireless facility of a design specified in the permit at a
particular location within the ROW; and the modification of any existing support structure to
which the wireless facility is proposed to be attached.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base station(s).
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
Wireless Regulations: Those regulations adopted pursuant to Section 5 and
implementing the provisions of this Chapter.
Wireless Service Provider: An entity that provides personal wireless services to end
users.
12.05.030. Scope.
(a) In general. There shall be a type of encroachment permit entitled a “wireless
encroachment permit,” which shall be subject to all of the same requirements as an
encroachment permit would under Chapter 12.03 in addition to all of the requirements of this
Chapter. Unless exempted, every person who desires to place a wireless facility in the public
rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a
wireless encroachment permit authorizing the placement or modification in accordance with
this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities
requests, or any other type of facility expressly allowed in the public right-of-way by state or
federal law, no other wireless facilities shall be permitted pursuant to this Chapter.
(b) Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of
the state solely for public safety purposes.
(2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a
temporary period in connection with an emergency or event, but no longer than
required for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
(c) Other applicable requirements. In addition to the wireless encroachment permit
required herein, the placement of a wireless facility in the ROW requires the persons who
23.a
Packet Pg. 765 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
5
will own or control those facilities to obtain all permits required by applicable law, and to
comply with applicable law, including, but not limited to, applicable law governing radio
frequency (RF) emissions.
(d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW
as of the date of this Chapter’s adoption shall remain subject to the standards and conditions
of this Code in effect prior to this Chapter, unless and until a renewal of such facility’s then-
existing permit is granted, at which time the provisions of this Chapter shall apply in full
force going forward as to such facility. The review of any request for a renewal of a permit
for such pre-existing facilities shall be conducted pursuant to this Chapter, rather than the
portion(s) of this Code that it was previously reviewed under.
(e) Public use. Except as otherwise provided by California law, any use of the public right-
of-way authorized pursuant to this Chapter will be subordinate to the City’s use and use by
the public.
12.05.040. Administration.
(a) Reviewing Authority. The Director of Public Works (“the Director”) or its designee is
responsible for administering this Chapter. As part of the administration of this Chapter, the
Director may:
(1) Interpret the provisions of this Chapter;
(2) Develop and implement standards governing the placement and modification of
wireless facilities consistent with the requirements of this Chapter, including
regulations governing collocation and resolution of conflicting applications for
placement of wireless facilities;
(3) Develop and implement acceptable designs and development standards for wireless
facilities in the public rights-of-way, taking into account the zoning districts
bounding the public rights-of-way;
(4) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this Chapter;
(5) Determine the amount of and collect, as a condition of the completeness of any
application, any fee established by this Chapter;
(6) Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with state and federal
laws and regulations;
(7) Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
(8) Require, as part of, and as a condition of completeness of any application, notice to
members of the public that may be affected by the placement or modification of the
wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve, approve
subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for
placement of wireless facilities, including issuing written decisions and entering
into agreements to mutually extend the time for action on an application.
23.a
Packet Pg. 766 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
6
(b) Appeal.
(1) Any person adversely affected by the decision of the Director pursuant to this
Chapter may appeal the Director’s decision to the Hearing Officer, as the term is
defined in Section 9.94.010, which may decide the issues de novo, and whose
written decision will be the final decision of the City. An appeal by a wireless
infrastructure provider must be taken jointly with the wireless service provider that
intends to use the personal wireless services facility.
(2) Where the Director grants an application based on a finding that denial would result
in a prohibition or effective prohibition under applicable federal law, the dec ision
shall be automatically appealed to the Hearing Officer, consistent with provisions as
provided in Chapter 9.94. All appeals must be filed within two (2) business days of
the written decision of the Director, unless the Director extends the time therefore.
An extension may not be granted where extension would result in approval of the
application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
12.05.050. General Standards for Wireless Facilities in the Public Rights-of-Way.
(a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set
forth in this ordinance and the wireless regulations, in addition to the requirements of any
other applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of
wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this
section are satisfied, unless it is determined that applicant has established that denial of an
application would, within the meaning of federal law, prohibit or effectively prohibit the
provision of personal wireless services, or otherwise violate applicable laws or regulations.
If that determination is made, the requirements of this Chapter may be waived, but only to
the minimum extent required to avoid the prohibition or violation.
(c) Minimum Standards. Wireless facilities shall be installed and modified in a manner
that minimizes risks to public safety, avoids placement of aboveground facilities in
underground areas, avoids installation of new support structures in the public rights-of-way,
and otherwise maintains the integrity and character of the neighborhoods and corridors in
which the facilities are located; ensures that installations are subject to periodic review to
minimize the intrusion on the rights of way; and ensures that the City bears no risk or
liability as a result of the installations, and that such use does not inconvenience the public,
interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other
government agencies to improve, modify, relocate, abandon, or vacate the public rights of
way or any portion thereof, or to cause the improvement, modification, relocation, vacation,
or abandonment of facilities in the rights of way.
(d) Design and Location Standards. All applicants shall design and locate the wireless
facilities in accordance with the Design and Development Standards for wireless facilities in
the public right-of-way set forth and adopted by resolution of the Mayor and City Council
and, from time to time, amended and updated by the Director.
12.05.060. Applications.
23.a
Packet Pg. 767 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
7
(a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a
paper copy and an electronic copy of any application, amendments, or supplements to an
application, or responses to requests for information regarding an application to: Director, at
201 North E Street, Second Floor, San Bernardino, California 92401.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment
permit, an applicant is encouraged to schedule a pre-application meeting with the Director to
discuss the proposed facility, the requirements of this Chapter, and any potential impacts of
the proposed facility.
(c) Content. An applicant shall submit an application on the form approved by the Director,
which may be updated from time-to-time, but in any event shall require the submission of all
required fee(s), City business license(s), documents, information, and any other materials
necessary to allow the Director to make required findings and ensure that the proposed
facility will comply with applicable federal and state law, this Code, and will not endanger
the public health, safety, or welfare. If no form has been approved, applications: (i) must
contain all information necessary to show that applicant is entitled to the wireless
encroachment permit requested, including, but not limited to, the information and documents
listed below; and must (ii) specify whether the applicant believes state or federal law requires
action on the application within a specified time period.
(1) Any information required pursuant to the wireless regulations;
(2) The name of the applicant, its telephone number and contact information, and if the
applicant is a wireless infrastructure provider, the name and contact information for
the wireless service provider that will be using the personal wireless services
facility;
(3) A complete description of the proposed wireless facility and the work that will be
required to install or modify it, including, but not limited to, detail regarding
proposed excavations, if any; detailed site plans showing the location of the
wireless facility, and specifications for each element of the wireless facility, clearly
describing the site and all structures and facilities at the site before and after
installation or modification; and describing the distance to the nearest residential
dwelling unit and any historical structure within 500 feet of the facility. Before and
after 360 degree photosimulations must be provided.
(4) Documentation sufficient to show that the proposed facility will comply with
generally-applicable health and safety provisions of this Code and the FCC’s radio
frequency emissions standards.
(5) A copy of the lease or other agreement between the applicant and the owner of the
property to which the proposed facility will be attached.
(6) If the application is for a small cell facility, the application shall state as such and
shall explain why the proposed facilit y meets the definition of small cell facility in
this Chapter.
(7) If the application is for an eligible facilities request, the application shall state as
such and must contain information sufficient to show that the application qualifies
as an eligible facilities request, which information must show that there is an
existing wireless facility that was approved by the City. Before and after 360
degree photosimulations must be provided, as well as documentation sufficient to
23.a
Packet Pg. 768 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
8
show that the proposed facility will comply with generally-applicable health and
safety provisions of this Code and the FCC’s radio frequency emissions standards.
(8) Proof that notice has been mailed to owners of all property owners, and the resident
manager for any multi-family dwelling unit that includes ten (10) or more units,
within 500 feet of the proposed personal wireless services facility.
(9) If applicant contends that denial of the application would prohibit or effectively
prohibit the provision of service in violation of federal law, or otherwise violate
applicable law, the application must provide all information on which the applicant
relies on in support of that claim. Applicants are not permitted to supplement this
showing if doing so would prevent City from complying with any deadline for
action on an application.
(10) The electronic version of an application must be in a standard format that can be
easily uploaded on a web page for review by the public.
(11) Any required fees.
(d) Fees. Application fee(s) shall be required to be submitted with any application for a
wireless encroachment permit. The Mayor and City Council are hereby authorized to
determine, or cause to be determined, the amount, type, and other terms of such fee(s) from
time to time by means of resolution. Notwithstanding the foregoing, no application fee shall
be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless
paid as a refundable deposit.
(e) Waivers. Requests for waivers from any requirement of this section shall be made in
writing to the Director or his or her designee. The Director may grant or deny a request for a
waiver pursuant to this subsection. The Director may grant a request for waiver if it is
demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all
information necessary to understand the nature of the construction or other activity to be
conducted pursuant to the permit sought. All waivers approved pursuant to this subsection
shall be: (i) granted only on a case-by-case basis, and (ii) narrowly-tailored to minimize
deviation from the requirements of this Code.
(f) Incompleteness. For personal wireless facilities and eligible facilities requests,
applications will be processed, and notices of incompleteness provided, in conformity with
state, local, and federal law. If such an application is incomplete, the Director may notify the
applicant in writing, and specifying the material omitted from the application.
12.05.070. Findings; Decisions; Consultants.
(a) Findings Required for Approval.
(1) Except for eligible facilities requests, the Director or Hearing Officer, as the case
may be, shall approve an application if, on the basis of the application and other
materials or evidence provided in review thereof, it finds the following:
(i) The facility is not detrimental to the public health, safety, and welfare;
(ii) The facility complies with this Chapter and all applicable design and
development standards; and
(iii) The facility meets applicable requirements and standards of state and federal
law.
(2) For eligible facilities requests, the Director or Hearing Officer, as the case may be,
shall approve an application if, on the basis of the application and other materials or
evidence provided in review thereof, it finds the following:
23.a
Packet Pg. 769 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
9
(i) That the application qualifies as an eligible facilities request; and
(ii) That the proposed facility will comply with all generally-applicable laws.
(b) Decisions. Decisions on an application by the Director or Hearing Officer shall be in
writing and include the reasons for the decision.
(c) Independent Consultants. The Director or Hearing Officer, as the case may be, is
authorized, in its discretion, to select and retain independent consultant(s) with expertise in
telecommunications in connection with the review of any application under this Chapter.
Such independent consultant review may be retained on any issue that involves specialized or
expert knowledge in connection with an application, including, but not limited to, application
completeness or accuracy, structural engineering analysis, or compliance with FCC radio
frequency emissions standards.
12.05.080. Conditions of Approval.
(a) Generally. In addition to any supplemental conditions imposed by the Director or
Hearing Officer, as the case may be, all permits granted pursuant to this Chapter shall be
subject to the following conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all
applicable federal, state and local laws, regulations and other rules, including,
without limitation, those applying to use of public rights-of-way.
(2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten
(10) years, unless pursuant to another provision of this Code or these conditions, it
expires sooner or is terminated. At the end of ten (10) years from the date of
issuance, such Permit shall automatically expire, unless an extension or renewal has
been granted. A person holding a wireless encroachment permit must either (1)
remove the facility within thirty (30) days following the permit’s expiration
(provided that removal of support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right of way need not be
removed, but must be restored to its prior condition, except as specifically permitted
by the City); or (2) at least ninety (90) days prior to expiration, submit an
application to renew the permit, which application must, among all other
requirements, demonstrate that the impact of the wireless facility cannot be reduced.
The wireless facility must remain in place until it is acted upon by the City and all
appeals from the City’s decision exhausted.
(3) Timing of Installation. The installation and construction authorized by a wireless
encroachment permit shall begin within six (6) months after its approval, or it will
expire without further action by the City. The installation and construction
authorized by a wireless encroachment permit shall conclude, including any
necessary post-installation repairs and/or restoration to the ROW, within thirty (30)
days following the day construction commenced.
(4) Commencement of Operations. The operation of the approved facilit y shall
commence no later than one (1) month after the completion of installation, or the
wireless encroachment permit will expire without further action by the City.
(5) As-Built Drawings. The Permittee shall submit an as-built drawing within ninety
(90) days after installation of the facility. As-builts shall be in an electronic format
acceptable to the City.
23.a
Packet Pg. 770 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
10
(6) Inspections; Emergencies. The City or its designee may enter onto the facility area
to inspect the facility upon 48 hours prior notice to the permittee. The permittee
shall cooperate with all inspections and may be present for any inspection of its
facility by the City. The City reserves the right to enter or direct its designee to
enter the facility and support, repair, disable, or remove any elements of the facility
in emergencies or when the facility threatens imminent harm to persons or property.
The city shall make an effort to contact the permittee prior to disabling or removing
any facility elements, but in any case shall notify permittee within 24 hours of doing
so.
(7) Contact. The permittee shall at all times maintain accurate contact information for
all parties responsible for the facility, which shall include a 24-hour emergency
phone number, street mailing address and email address for at least one natural
person.
(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance with a limit of $2,000,000 per occurrence for
bodily injury and property damage and $4,000,000 general aggregate including
premises operations, contractual liability, personal injury, and products completed
operations. The relevant policy(ies) shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide [thirty (30) days’]
prior notice to the City of to the cancellation or material modification of any
applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon
which the wireless facility is installed shall defend, indemnify and hold harmless
the City, its agents, officers, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought
against the city or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the city’s approval of the permit, and (ii)
from any and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the property owner or any of each one’s agents,
employees, licensees, contractors, subcontractors, or independent contractors. In the
event the city becomes aware of any such actions or claims the city shall promptly
notify the permittee and, if applicable, the property owner and shall reasonably
cooperate in the defense. The City shall have the right to approve, which approval
shall not be unreasonably withheld, the legal counsel providing the City’s defense,
and the property owner and/or permittee (as applicable) shall reimburse City for any
costs and expenses directly and necessarily incurred by the City in the course of the
defense.
(10) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification, and removal of
the facility.
23.a
Packet Pg. 771 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
11
(11) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, City improvement, or property. No structure,
improvement, or property owned by the City shall be moved to accommodate a
permitted activity or encroachment, unless the City determines that such movement
will not adversely affect the City or any surrounding businesses or residents, and
the Permittee pays all costs and expenses related to the relocation of the City's
structure, improvement, or property. Prior to commencement of any work pursuant
to a wireless encroachment permit, the Permittee shall provide the City with
documentation establishing to the city's satisfaction that the Permittee has the legal
right to use or interfere with any other structure, improvement, or property within
the public right-of-way or city utility easement to be affected by Permittee's
facilities.
(12) No Right, Title, or Interest. The permission granted by a wireless encroachment
permit shall not in any event constitute an easement on or an encumbrance against
the public right-of-way. No right, title, or interest (including franchise interest) in
the public right-of-way, or any part thereof, shall vest or accrue in Permittee by
reason of a wireless encroachment permit or the issuance of any other permit or
exercise of any privilege given thereby.
(13) No Possessory Interest. No possessory interest is created by a wireless
encroachment permit. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, Permittee acknowledges
that City has given to Permittee notice pursuant to California Revenue and Taxation
Code Section 107.6 that the use or occupancy of any public property pursuant to a
wireless encroachment permit may create a possessory interest which may be
subject to the payment of property taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interact taxes or other taxes, fees, and assessments levied against
Permittee’s right to possession, occupancy, or use of any public property pursuant
to any right of possession, occupancy, or use created by this permit.
(14) General Maintenance. The site and the facility, including, but not limited to, all
landscaping, fencing, and related transmission equipment, must be maintained in a
neat and clean manner and in accordance with all approved plans. All graffiti on
facilities must be removed at the sole expense of the permittee within forty eight
(48) hours after notification from the City.
(15) RF Exposure Compliance. All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the facility, permittee or its
representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety
rules for general population/uncontrolled RF exposure in all sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the
testing shall occur outwards to a distance where the RF emissions no longer exceed
the uncontrolled/general population limit.
23.a
Packet Pg. 772 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
12
(16) Testing. Testing of any equipment shall take place on weekdays only, and only
between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on
holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(17) Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Chapter.
(18) Agreement with City. If not already completed, permittee shall enter into the
appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, or operating a facility on Municipal Infrastructure. This
permit is not a substitute for such agreement.
(19) Conflicts with Improvements. For all facilities located within the ROW, the
permittee shall remove or relocate, at its expense and without expense to the city,
any or all of its facilities when such removal or relocation is deemed necessary by
the city by reason of any change of grade, alignment, or width of any right-of-way,
for installation of services, water pipes, drains, storm drains, power or signal lines,
traffic control devices, right-of-way improvements, or for any other construction,
repair, or improvement to the right-of-way.
(20) Abandonment. If a facility is not operated for a continuous period of six (6)
months, the wireless encroachment permit and any other permit or approval therefor
shall be deemed abandoned and terminated automatically, unless before the end of
the six- month period (i) the Director has determined that the facility has resumed
operations, or (ii) the City has received an application to transfer the permit to
another service provider. No later than ninety (90) days from the date the facility is
determined to have ceased operation or the permittee has notified the Director of its
intent to vacate the site, the permittee shall remove all equipment and improvements
associated with the use and shall restore the site to its original condition to the
satisfaction of the Director. The permittee shall provide written verification of the
removal of the facilities within thirty (30) days of the date the removal is
completed. If the facility is not removed within thirty (30) days after the permit has
been discontinued pursuant to this subsection, the site shall be deemed to be a
nuisance, and the City may cause the facility to be removed at permittee’s expense
or by calling any bond or other financial assurance to pay for removal. If there are
two (2) or more users of a single facility or support structure, then this provision
shall apply to the specific elements or parts thereof that were abandoned, but will
not be effective for the entirety thereof until all users cease use thereof.
(21) Encourage Co-location. Where the facility site is capable of accommodating a co -
located facility upon the same site in a manner consistent with the permit conditions
for the existing facility, the owner and operator of the existing facility shall allow
co-location of third party facilities, provided the parties can mutually agree upon
reasonable terms and conditions.
(22) Records. The permittee must maintain complete and accurate copies of all permits
and other regulatory approvals issued in connection with the facility, which
includes without limitation this approval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition
or fails to produce true and complete copies of such records within a reasonable
23.a
Packet Pg. 773 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
13
time after a written request from the city, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records will be construed
against the permittee.
(23) Attorney’s Fees. In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and such legal
action is taken, the Permittee shall be required to pay any and all costs of such legal
action, including reasonable attorney’s fees, incurred by the City, even if the matter
is not prosecuted to a final judgment or is amicably resolved, unless the City should
otherwise agree with Permittee to waive said fees or any part thereof. The
foregoing shall not apply if the Permittee prevails in the enforcement proceeding.
(b) Eligible Facilities Requests. In addition to the conditions provided in Section 9(a) of
this Chapter and any supplemental conditions imposed by the Director or Hearing Officer as
the case may be, all permits for an eligible facility requests granted pursuant to this Chapter
shall be subject to the following additional conditions, unless modified by the approving
authority:
(1) Permit subject to conditions of underlying permit. Any permit granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit.
(2) No permit term extension. The city’s grant or grant by operation of law of an
eligible facilities request permit constitutes a federally-mandated modification to
the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the
city’s grant or grant by operation of law of a eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its term shall be coterminous with the underlying permit or
other regulatory approval for the subject tower, utility pole, or base station.
(3) No waiver of standing. The city’s grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any standing
by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that
interpret Section 6409(a) of the Spectrum Act, or any modification to Section
6409(a) of the Spectrum Act.
(c) Small Cell Facilities Requests. In addition to the conditions provided in Section 9(a) of
this Chapter and any supplemental conditions imposed by the Director or Hearing Officer, as
the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be
subject to the following condition, unless modified by the approving authority:
(1) No waiver of standing. The city’s grant of a permit for a small cell facility request
does not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules.
12.05.090. Breach; Termination of Permit.
(a) For breach. A wireless encroachment permit may be revoked for failure to comply with
the conditions of the permit or applicable law. Upon revocation, the wireless facility must be
removed; provided that removal of a support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right-of-way need not be removed, but
23.a
Packet Pg. 774 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
14
must be restored to its prior condition, except as specifically permitted by the City. All costs
incurred by the City in connection with the revocation and removal shall be paid by entities
who own or control any part of the wireless facility.
(b) For installation without a permit. An wireless facility installed without a wireless
encroachment permit (except for those exempted by this Chapter) must be removed; provided
that removal of support structure owned by City, a utility, or another entity authorized to
maintain a support structure in the right of way need not be removed, but must be restored to
its prior condition, except as specifically permitted by the City. All costs incurred by the
City in connection with the revocation and removal shall be paid by entities who own or
control any part of the wireless facility.
(c) Municipal Infraction. Any violation of this Chapter will be subject to the same
penalties as a violation of Chapter 1.12.
12.05.100. Infrastructure Controlled By City. The City, as a matter of policy, will
negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on
those structures shall be subject to the agreement. The agreement shall specify the compensation
to the City for use of the structures. The person seeking the agreement shall additionally
reimburse the City for all costs the City incurs in connection with its review of, and action upon
the person’s request for, an agreement.
12.05.110. Nondiscrimination. In establishing the rights, obligations and conditions set forth in
this Chapter, it is the intent of the City to treat each applicant or public right-of-way user in a
competitively neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the public rights-of-way.”
SECTION 4. Implementation. The City Manager, or his or her designee, is directed to
execute all documents and to perform all other necessary City acts to implement effect this
Ordinance.
SECTION 5. CEQA. This Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it
has no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific piece of
property within the City’s boundaries. Moreover, when and if an application for installation is
submitted, the City will at that time conduct preliminary review of the application in accordance
with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State
CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds.
First, the Ordinance is exempt CEQA because the Mayor and City Council’s adoption of the
Ordinance is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). That is, approval of the Ordinance will not result in the actual install ation of any
facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless
provider would have to submit an application for installation of the wireless facility. At that
time, the City will have specific and definite information regarding the facility to review in
accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at
23.a
Packet Pg. 775 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
15
that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of
wireless facilities on a particular site, the installation would be exempt from CEQA review in
accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction),
State CEQA Guidelines section 15303 (new construction or conversion of small structures),
and/or State CEQA Guidelines section 15304 (minor alterations to land). The Mayor and City
Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the
County of San Bernardino within five working days of the passage and adoption of the
Ordinance.
SECTION 6. Severability. If any section, subsection, provision, sentence,
clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid
by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or
impair any remaining section, subsection, provision, sentence, clause, phrase or word included
within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be
and shall remain in full force and effect, valid, and enforceable.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30)
days after the date of its adoption.
SECTION 8. Notice of Adoption. The 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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the
City Clerk this __ day of ___________, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
23.a
Packet Pg. 776 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Ordinance No. MC-1560
16
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1560, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 2nd day of June, 2021. Ordinance No. MC-1560 was
approved, passed and adopted at a regular meeting held the 16th day of June, 2021 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of June 2021.
Genoveva Rocha, CMC, City Clerk
23.a
Packet Pg. 777 Attachment: Attachment 1- Ordinance MC-1560 [Revision 1] (7362 : Small Cell Ordinance - Second Reading (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Mitch Cochran, IT Director
Subject: Purchase Authorization for Annual Usage, Software and
Hardware Maintenance Agreements (All Wards)
Recommendation
Adopt Resolution 2021-149 of the Mayor and City Council of the City of San Bernardino,
California, authorizing the issuance of Fiscal Year 2021/22 Purchase Orders for the
annual usage fees, software and or hardware support with Accela Corporation, Earth
Science Research Institute (ESRI), Konica Minolta, Tyler Technologies, and Verizon
Cellular as outlined in the report.
Background
The City purchases annual maintenance and software support for its existing critical
systems. The agreements are necessary to provide troubleshooting support, software
fixes, and enable the City to take advantage of the latest version of the product.
Discussion
Staff is requesting authorization to issue Purchase Orders for five ongoing annual
maintenance agreements. The vendors provide a service rate or annual maintenance
cost based on the product mix that the City has for that year. The cost estimates for
Konica Minolta and Verizon Cellular are projected for FY 2021/22 based on FY 2020/21
actual usage.
Staff has developed an expected annual cost based on expected usage or an annual
fixed amount provided by the vendor. Staff is requesting that a 10% contingency be
added to the purchasing authorization amount for slight changes in the products or
support functions which might occur during the fiscal year.
VENDOR PRODUCT EXPECTED
AMOUNT
NOT TO
EXCEED
(with 10%
contingency)
Accela Permits Plus $ 101,802.85 $ 111,983
Earth Science
Research Institute
ArcGIS family of products $ 100,250 $ 110,275
24
Packet Pg. 778
7366
Page 2
Konica Minolta Copier Maintenance $ 90,000 $ 99,000
Tyler Technology New World Financial $ 178,471 $ 196,318
Tyler Technology New World Public Safety $ 345,277 $ 379,805
Verizon Cellular Cellular Phone Services $ 230,000 $ 253,000
2020-2025 Key Strategic Targets and Goals
The purchase of maintenance agreements support Key Target No. 1: Financial Stability.
The services and agreements help to support the creation and management of an asset
management plan.
The annual support agreements ensure that critical software applications and hardware
are supported and kept up to date
Fiscal Impact
The cost of the annual support agreements has been included in the FY 2021/22 budget
in the appropriate department accounts:
VENDOR PRODUCT ACCOUNT NUMBERS
Accela Permits Plus 679 250 0058 5167
Earth Science
Research Institute
ArcGIS family of products 679 250 0059 5167
Konica Minolta Copier Maintenance All departments - 5176
Tyler Technology New World Financial 679 250 0058 5167
Tyler Technology New World Public Safety / Dispatch 001 210 0062 5167
Verizon Cellular Cell Phone Service 679 250 0060 5155 679
250 0062 5157
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2021-149, authorizing the issuance of Fiscal Year 2021/22
Purchase Orders for the annual usage fees, software and or hardware support with
Accela Corporation, Earth Science Research Institute (ESRI), Konica Minolta, Tyler
Technologies, and Verizon Cellular as outlined in the report.
Attachments
Attachment 1 Resolution 2021-149;
Attachment 2 Accella support quote for 2021-2022
Attachment 3 ESRI support quote for 2021-2022
Attachment 4 Tyler support quote for 2021-2022 - PD /CAD
Attachment 5 Tyler support quote for 2021-2022 - Financial
Ward: All
Synopsis of Previous Council Actions:
24
Packet Pg. 779
7366
Page 3
July 18, 2018 Mayor and City Council directed the City Manager to authorize
annual support agreements for the Fiscal Year 2017-2018 with
Accela Corporation, Dell/EMC, and Earth Science Research
Institute (ESRI).
August 1, 2018 Mayor and City Council directed the City Manager to issue a
Vender Services Agreement with NPA Computers. The
agreement provided for 3 one year extensions.
June 19, 2019 Mayor and City Council directed the City Manager to authorize
annual support agreements for the Fiscal Year 2019-2020 with
Accela Corporation, Dell/EMC, Earth Science Research Institute
(ESRI), Konica Minolta and NPA Computers.
June 17, 2020 Mayor and City Council directed the City Manager to authorize
annual support agreements for the Fiscal Year 2020-2021 with
Accela Corporation, CelPlan, Earth Science Research Institute
(ESRI), Konica Minolta, NPA Computers, TPX, Tyler Technologies,
and Verizon Cellular.
24
Packet Pg. 780
RESOLUTION NO. 2021-149
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
PURCHASE ANNUAL SERVICES, SOFTWARE
MAINTENANCE, AND HARDWARE MAINTENANCE
AGREEMENTS FROM ACCELA, CONNECTIONS INC.,
EARTH SCIENCE RESEARCH INSTITUTE (ESRI),
KONICA MINOLTA, TYLER TECHNOLOGIES, AND
VERIZON CELLULAR FOR FY 2021/22
WHEREAS, the City of San Bernardino contracts with vendors to provide advanced
technology systems and services to support City operations, the usage, service, and support
agreements re renewed and approved by the City Council on an annual basis; and
WHEREAS, the City Council provides purchasing authorization for annual purchases of
an amount over $50,000 for a fiscal year.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager, or designee, is hereby authorized to purchase and
execute annual maintenance agreements from Accela Corporation (Accela) for the support of the
Permits Plus product in an amount not to exceed $11,983, which includes the total quoted price
of $101,000 plus a $10,108.15 (10%) contingency.
SECTION 2. The City Manager, or designee, is hereby authorized to purchase and
execute annual maintenance agreements from Earth Science Research Institute (ESRI)
Corporation for the support of ArcGis software in an amount not to exceed $110,275 which
includes the total quoted price of $100,250 plus a $10,025 (10%) contingency.
SECTION 3. The City Manager, or designee, is hereby authorized to purchase and
execute annual maintenance agreements from Konica Minolta Corporation for the supplies and
support of the Konica Minolta copiers in an amount not to exceed $99,000, which includes the
total quoted price of $90,000 plus a $9,000 (10%) contingency.
SECTION 4. The City Manager, or designee, is hereby authorized to purchase and
execute annual maintenance agreements from Tyler Technologies for support of the Police New
World Dispatch system in an amount not to exceed $379.805, which includes the total quoted
price of $345,277 plus a $34,527 (10%) contingency.
SECTION 5. The City Manager, or designee, is hereby authorized to purchase and
execute annual maintenance agreements from Tyler Technologies for support of the Finance
New World Financial records system in an amount not to exceed $196,318, which includes the
total quoted price of $178,471 plus a $17,847 (10%) contingency.
24.a
Packet Pg. 781 Attachment: Attachment 1 - Resolution 2021-149 (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Resolution No. 2021-149
SECTION 6. The City Manager, or designee, is hereby authorized to purchase cellular
phone services from Verizon Cellular in an amount not to exceed $253,000, which includes the
expected cost of $230,000 plus a $23,000 (10%) contingency.
SECTION 7. 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 8. 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 9. 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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
24.a
Packet Pg. 782 Attachment: Attachment 1 - Resolution 2021-149 (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Resolution No. 2021-149
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
24.a
Packet Pg. 783 Attachment: Attachment 1 - Resolution 2021-149 (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Becky O'Brien
Contact Phone: (925) 359-3334
Contact Email: robrien@accela.com
Quote ID: Q-22029
Valid Through: 6/30/2021
Currency: USD
__________________________________________________________________________________________________________________________________________
Renewal Order Form
Address Information
Bill To:Ship To:
City of San Bernardino City of San Bernardino
300 North D. Street - 4th Floor
San Bernardino, California 92418
United States
300 North D. Street - 4th Floor
San Bernardino, California 92418
United States
Billing Name: Than Trinooson
Billing Phone: (909) 384-5947
Billing Email: trinooson_th@sbcity.org
____________________________________________________________________________________________________________________________________________________________
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PERMITS Plus - Limited
Support
Year 1 7/1/2021 6/30/2022 12 $966.92 30 $29,007.68
PERMITS Plus Client
Server - Limited Support
Year 1 7/1/2021 6/30/2022 12 $424.42 30 $12,732.62
PERMITS Plus Connect -
Limited Support
Year 1 7/1/2021 6/30/2022 12 $138.38 30 $4,151.52
PERMITS Plus Workflow -
Limited Support
Year 1 7/1/2021 6/30/2022 12 $182.80 30 $5,483.89
PERMITS Plus Scan-it -
Limited Support
Year 1 7/1/2021 6/30/2022 12 $41.57 30 $1,247.09
PERMITS Plus Office Link -
Limited Support
Year 1 7/1/2021 6/30/2022 12 $51.50 30 $1,544.99
Accela GIS Maintenance and
Support
Year 1 7/1/2021 6/30/2022 12 $432.68 20 $8,653.55
Accela Wireless Maintenance
and Support
Year 1 7/1/2021 6/30/2022 12 $1,689.20 20 $33,783.91
Quote Number:Q-22029-1 Print Date:5/7/2021
Page 1 of 4
24.b
Packet Pg. 784 Attachment: Attachment 2 - Accella Support Quote (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
GIS Optimized Routing (Site)
Maintenance and Support
Year 1 7/1/2021 6/30/2022 12 $5,197.60 1 $5,197.60
TOTAL:$101,802.85
Pricing Summary
Period Net Total
Year 1 $ 101,802.85
Total $ 101,802.85
Quote Number:Q-22029-1 Print Date:5/7/2021
Page 2 of 4
24.b
Packet Pg. 785 Attachment: Attachment 2 - Accella Support Quote (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Renewal Terms/Information:
General Information
Governing
Agreement(s)
This Order Form will be governed by the applicable terms and conditions. If those terms and
conditions are non-existent, have expired or have otherwise been terminated, the following
terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s
purchase.
Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
•Software Licenses & Subscriptions start on the date of delivery by Accela;
•Hosting and Support start on Accela’s delivery of the software hosted and/or
supported;.
Order Duration Unless otherwise specified in the Special Order Terms:
•Subscriptions continue from the Order Start Date through the number of months
listed in this Order Form (or if not listed, twelve (12) months). Thereafter
Subscriptions automatically renew annually as calculated from Order Start Date of
Customer’s first Subscription purchase.
•Any Software Licenses or Hardware are one-time, non-refundable purchases.
•Hosting and Support continue from the Order Start Date through the number of
months listed in this Order Form (or if not listed, twelve (12) months).
•Professional Services continue for the duration as outlined in the applicable
Statement of Work, Exhibit or the Governing Agreement, as applicable.
Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern
the Software, Maintenance, and/or Services items listed on this Order Form.
•In the event of an inconsistency between this Order Form, any governing
agreement, purchase order, or invoice, the Order Form shall govern as it pertains
to this transaction.
•For Software Licenses, Accela may terminate this Order Form in the event the
Software is phased out across Accela’s customer base. In such event, Accela will
provide Customer sufficient advance notice and the parties will mutually agree to
a migration plan for converting Customer to another Accela generally-available
offering with comparable functionality.
Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will
be issued on the Order Start Date.
Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all
payments are due on the Invoice Date and payable net 30 days.
Special
Payment
Terms
None unless otherwise specified in this location.
Quote Number:Q-22029-1 Print Date:5/7/2021
Page 3 of 4
24.b
Packet Pg. 786 Attachment: Attachment 2 - Accella Support Quote (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must
provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice
issuance date, invoices issued on this Order Form will be valid without a PO reference.
PO#
Signatures
Accela, Inc. Customer
Signature:
Signature:
Print Name:
Print Name:
Title:
Title:
Date:
Date:
Quote Number:Q-22029-1 Print Date:5/7/2021
Page 4 of 4
24.b
Packet Pg. 787 Attachment: Attachment 2 - Accella Support Quote (7366 : Purchase Authorization for Annual Usage, Software and Hardware Maintenance
Subject:Renewal Quotation
Date:04/26/2021
To:Matt Torrence
Organization:City of San Bernardino
Information Technology Dept
Fax #: Phone #: 909-384-5947
From:Shannon Seifried
Fax #:909-307-3083 Phone #: 888-377-4575 Ext. 2082
Email:sseifried@esri.com
Number of pages transmitted Quotation #26016184
(including this cover sheet):5 Document Date: 04/26/2021
Please find the attached quotation for your forthcoming term. Keepingyour term current may entitle you to exclusive benefits, and if you chooseto discontinue your coverage, you will become ineligible for these valuablebenefits and services.
If your quote is regarding software maintenance renewal, visit thefollowing website for details regarding the maintenance program benefitsat your licensing levelhttp://www. esri.com/apps/products/maintenance/qualifying.cfm
All maintenance fees from the date of discontinuation will be due andpayable if you decide to reactivate your coverage at a later date.
Please note: Certain programs and license types may have varyingbenefits. Complimentary User Conference registrations, software support,and software and data updates are not included in all programs.
Customers who have multiple copies of certain Esri licenses may have theoption of supporting some of their licenses with secondary maintenance.
For information about the terms of use for Esri products as well aspurchase order terms and conditions, please visithttp://www. esri.com/legal/licensing/software-license.html
If you have any questions or need additional information, please contactCustomer Service at 888-377-4575 option 5.
Esri Inc380 New York StreetRedlands CA 92373
24.c
Packet Pg. 788 Attachment: Attachment 3 - ESRI Support QUote for 2021-2022 (7366 : Purchase Authorization for Annual Usage, Software and Hardware
Per the terms and conditions in your Esri Enterprise License Agreement, your organization is required to provide
an annual usage report. This report should detail all deployments made under this agreement for your previous
term, and should be provided to Esri as an Excel spreadsheet.
The annual usage report must include actual license counts by product, licensee, and location.
Please return your report via email to ela_usage_reports@esri.com.
Thank you in advance for your prompt attention to this matter.
10 5 153417 50.00 250.00
ArcGIS Business Analyst Web App Online Term License
Start Date: 07/22/2021
End Date: 07/21/2022
1010 1 168182 100000.00 100,000.00
Populations of 150,001-250,000 Small Government Term Enterprise
License Agreement
Start Date: 07/22/2021
End Date: 07/21/2022
City of San Bernardino
Information Technology Dept
1st Fl
290 N D St
San Bernardino CA 92401-1734
Attn: Matt Torrence
[SEIFRIEDS]
_______________________________________________________________________
Quotation is valid for 90 days from document date.
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current
tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or
invoice program.
Issued By: Shannon Seifried Ext: 2082
To expedite your order, please reference your customer number and this quotation number on your purchase order.
Send Purchase Orders To:
Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Shannon Seifried
Please include the following remittance address
on your Purchase Order:
Environmental Systems Research Institute, Inc.
P.O. Box 741076
Los Angeles, CA 90074-1076
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________
_______________________________________________________________________________
Date: 04/26/2021 Quotation Number: 26016184 Contract Number: SMALL GOVT ELA US
380 New York Street
Redlands, CA 92373
Phone: 888-377-45752082
Fax #: 909-307-3083
Customer Number: 17639
For questions regarding this document, please contact Customer Service at 888-377-4575.
Quotation
_______________________________________________________________________________
24.c
Packet Pg. 789 Attachment: Attachment 3 - ESRI Support QUote for 2021-2022 (7366 : Purchase Authorization for Annual Usage, Software and Hardware
Item Subtotal 100,250.00
Estimated Tax 0.00
Total USD 100,250.00
DUNS/CEC: 06-313-4175 CAGE: 0AMS3
[SEIFRIEDS]
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________
_______________________________________________________________________________
Page 2
Date: 04/26/2021 Quotation Number: 26016184 Contract Number: SMALL GOVT ELA US
380 New York Street
Redlands, CA 92373
Phone: 888-377-45752082
Fax #: 909-307-3083
Quotation
24.c
Packet Pg. 790 Attachment: Attachment 3 - ESRI Support QUote for 2021-2022 (7366 : Purchase Authorization for Annual Usage, Software and Hardware
Renewal Options:
Online: Renew through My Esri site at https://my.esri.com
Credit Card
Purchase Order
Email Authorization
Email or Fax: Email Authorization, Purchase Order or signed quote to:
Fax: 909-307-3083
Email: service@esri.com
Requests via email or signed quote indicate that you are authorized to obligate funds for your organization and your
organization does not require a purchase order.
If there are any changes required to your quotation please respond to this email and indicate any changes in your invoice
authorization.
If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees
from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date.
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific
scope of use document found at http://assets.esri.com/content/dam/esrisites/media/legal/
product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any
item quoted, then Esri's standard terms and conditions found at
http://assets.esri.com/content/dam/esrisites/media/legal/ma-full/ma-full .pdf apply to your purchase of that item. Federal
government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's
GSA Federal Supply Schedule. Supplemental terms and conditions found at
http://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms
of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings.
Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or
additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by
law, the quotation information is confidential and may not be copied or released other than for the express purpose of
system selection and purchase/license. The information may not be given to outside parties or used for any other purpose
without consent from Esri. Delivery is FOB Origin.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g.
MPA, ELA, SmartBuy GSA, BPA) on your ordering document.
[SEIFRIEDS]
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________
_______________________________________________________________________________
Page 3
Date: 04/26/2021 Quotation Number: 26016184 Contract Number: SMALL GOVT ELA US
380 New York Street
Redlands, CA 92373
Phone: 888-377-45752082
Fax #: 909-307-3083
Quotation
24.c
Packet Pg. 791 Attachment: Attachment 3 - ESRI Support QUote for 2021-2022 (7366 : Purchase Authorization for Annual Usage, Software and Hardware
US FEDERAL CUSTOMERS: If you are a federal customer or a contractor purchasing on behalf of a federal customer a
purchase order is required to receive an invoice. Please email the purchase order to service@esri.com
By signing below, you are authorizing Esri to issue a software support invoice in the amount of
USD__________________ plus sales tax, if applicable.
Please check one of the following:
_____ I agree to pay any applicable sales tax.
_____ I am tax exempt. Please contact me if Esri does not have my current exempt information on file.
________________________________________ _________________________
Signature of Authorized Representative Date
________________________________________ _________________________
Name (Please Print) Title
[SEIFRIEDS]
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________
_______________________________________________________________________________
Page 4
Date: 04/26/2021 Quotation No: 26016184 Customer No: 17639 Contract No: SMALL GOVT ELA US
380 New York Street
Redlands, CA 92373
Phone: 888-377-45752082
Fax #: 909-307-3083
Quotation
24.c
Packet Pg. 792 Attachment: Attachment 3 - ESRI Support QUote for 2021-2022 (7366 : Purchase Authorization for Annual Usage, Software and Hardware
Page
1 of 1
DateCompany
PROFORMA
14907 05/31/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
Ship To:To:
Customer Grp/No.Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
1 50197
Customer PO#Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Contract No.: San Bernardino, CA
Renewal: 714.00 4 1 1 EA 178.50 .00 No
eCitation - Brazos Rapid extension Framework - MDC or TABLET
Maintenance Plan: ; Start: 10/13/2021, End: 10/12/2022; Term: 12 months
:
Renewal: 378.00 4 1 2 EA 94.50 .00 No
CHP555 Crash Report Software with Drawing Tool
Maintenance Plan: ; Start: 10/13/2021, End: 10/12/2022; Term: 12 months
Renewal: 364.00 1 1 3 EA 364.00 .00 No
Brazos Hosting Fee
Maintenance Plan: ; Start: 10/13/2021, End: 10/12/2022; Term: 12 months
1,456.00 Order Total:Does not include any applicable taxes
Comments:Upon acceptance please email your purchase order to PO@tylertech.com
24.d
Packet Pg. 793 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Tyler Technologies, Inc. – Public Safety Division
New Contract New/Upgrade Upgrade 3rd Party Services SSMA
Customer: San Bernardino CA NWPS No: 1572 Softrax No: 50179
Population: 209,924 Platform: ENT Original Contract Date: 01-27-11
Contract ID No Project: Maintenance
Signature Date: 06-30-20 Distribution Date: 06-30-20
PRO SERVICES / CLIENT SUCCESS / DEVELOPMENT ACCOUNTING / DISTRIBUTION
Erin Miller, SVP Operations Dean Chmiel
Kevin Flynn, VP Professional Services Chuck Twigg
Malcolm Logan Dennis Kleinedler
Tammi Dorsey Jennifer Korsak
Larry Piper Ling Xiao Sun
Ryan Martin Steve McDonald
Sean Gallagher
Britt Wollenweber SALES / SALES OPERATIONS
Ray Taylor Craig Nelson, VP Sales
Ryan Yoakam Mark Dvorak, Installed Sales
Teri Oger John Wright
Jonathan Cook Lori English
Adam Bobola Scott Bitoff / Adam Boyd
Craig Salyers Kathy Fant
Jim Dennig Sales Director Dvorak
Bob Motzny Account Exec Brown
Cindy Barber / Sue Knowlton Client Executive Fallwell
Abbie Huber
Paul Case, VP Client Success
Eric Burnson OTHERS / SOFTCODE / BRAZOS / SOCRATA
Jim Wisor Brazos Distribution
Kathleen McIntire SoftCode Distribution
Lisa Verbeeren Socrata Distribution
Kristy Kaer SceneDoc Distribution
ORIGINALS ___________________________________________
Date Returned: 06-30-20 ___________________________________________
Returned by: David Falwell ___________________________________________
Contract considered a: New Sale Upgrade Sale
24.d
Packet Pg. 794 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 795 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 796 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 797 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 798 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 799 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
24.d
Packet Pg. 800 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
1 of 5
DateCompany
PROFORMA
13349 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Ship To:To:
Customer Grp/No.Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
1 50197
Customer PO#Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Contract No.: San Bernardino, CA
Renewal: NWPS3LECOPLINKM 4,784.00 1 1 1 EA 4,784.00 .00 No
New World Third Party LE Records Interface Standard Maintenance - COPLINK Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3LETCKTM 8,320.00 1 1 2 EA 8,320.00 .00 No
New World Third Party LE Records Interface Standard Maintenance - Ticket Writer Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCADDMM 2,496.00 1 4 3 EA 2,496.00 .00 No
CAD Data Mart Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3PTYMNT 3,432.00 1 33 4 EA 3,432.00 .00 No
ArcGIS Runtime CAD Desktop Workstations Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEDTAM10M 2,496.00 1 4 5 EA 2,496.00 .00 No
Law Enforcement Management Data Mart (^CAD, RMS) Standard Maintenance - Includes 10+ users
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSENTCADAVLM 3,536.00 1 1 6 EA 3,536.00 .00 No
Additional New World Enterprise Standard Maintenance for CAD - CAD AVL
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSENTCADHYDINM 3,536.00 1 1 7 EA 3,536.00 .00 No
Additional New World Enterprise Standard Maintenance for CAD - Service Vehicle Rotation
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3ENTOLNCISM 9,152.00 1 1 8 EA 9,152.00 .00 No
New World Enterprise Third Party Interface Standard Maintenance - On-Line CAD Interface to State/NCIC
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3ENTQUESTM 3,744.00 1 1 9 EA 3,744.00 .00 No
New World Enterprise Third Party Interface Standard Maintenance Pre-Arrival Questionnaire Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
24.d
Packet Pg. 801 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
2 of 5
DateCompany
PROFORMA
13349 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Renewal: NWPSBASELEM 18,120.96 1 1 10 EA 18,120.96 .00 No
New World Single Jurisdiction Base LE Records Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEFEDM 6,240.00 1 1 11 EA 6,240.00 .00 No
New World Federal and State Compliance Reporting for LE Records Standard Maintenance - Federal UCR/IBR
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEFIELDM 3,120.00 1 1 12 EA 3,120.00 .00 No
Additional New World Software for LE Records Standard Maintenance - Field Investigations
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLECASEMM 3,120.00 1 1 13 EA 3,120.00 .00 No
Additional New World Software for LE Records Standard Maintenance - Case Management
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEALARMM 4,368.00 1 1 14 EA 4,368.00 .00 No
Additional New World Software for LE Records Standard Maintenance - Alarm Tracking and Billing
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEPROPM 3,120.00 1 1 15 EA 3,120.00 .00 No
Additional New World Software for LE Records Standard Maintenance - Property Room Bar Coding
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLENARCM 4,368.00 1 1 16 EA 4,368.00 .00 No
Additional New World Software for LE Records Standard Maintenance - Narcotics Mgmt
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCORRDAMMSPM 6,240.00 1 1 17 EA 6,240.00 .00 No
New World Data Analysis and Mapping for Corrections MSP Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLESTATEM 6,240.00 1 1 18 EA 6,240.00 .00 No
New World Federal and State Compliance Reporting for LE Records Standard Maintenance - State Accidents
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSFRBASEM 13,178.88 1 1 19 EA 13,178.88 .00 No
New World Fire Records Standard Maintenance Base Package
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSFRNFIRSM 7,072.00 1 1 20 EA 7,072.00 .00 No
New World Federal Compliance Reporting for Fire Records Standard Maintenance - NFIRS 5.0 Electronic Reporting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3CADNWSNCICM 17,056.00 1 1 21 EA 17,056.00 .00 No
New World MSP Third Party CAD Interface Standard Maintenance -New World State/NCIC Interface
24.d
Packet Pg. 802 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
3 of 5
DateCompany
PROFORMA
13349 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
:
Renewal: NWPS3CORRVINEM 249.60 1 1 22 EA 249.60 .00 No
New World Third Party Corrections Interface Standard Maintenance - VINE Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMSTM 3,244.80 1 156 23 EA 3,244.80 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - State Photo Download
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMCNICSWM 12,979.20 1 156 24 EA 12,979.20 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - LE State/NCIC via Switch
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSMFDRP200M 14,643.20 1 176 25 EA 14,643.20 .00 No
New World Mobile Management Server Standard Maintenance (151-200 units) - LE Field Reporting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMICMPM 4,867.20 1 156 26 EA 4,867.20 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Mapping
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSFRMCADM 2,912.00 1 35 27 EA 2,912.00 .00 No
New World Fire Mobile Unit Standard Maintenance - Fire CAD via Switch
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSSCNPDM 0.00 1 1 28 EA 0.00 .00 No
New World Standard Maintenance - Scene PD
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCOMMNCICM 3,744.00 1 1 29 EA 3,744.00 .00 No
New World Communications Server to State/NCIC Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEACFDRPM 10,982.40 1 176 30 EA 10,982.40 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Field-Based Reporting - LE Accident Field Reporting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3PTYMNT 4,867.20 1 156 31 EA 4,867.20 .00 No
ArcGIS Runtime Mobile In-Car
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMNWAVLM 2,979.60 1 191 32 EA 2,979.60 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - New World AVL
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
24.d
Packet Pg. 803 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
4 of 5
DateCompany
PROFORMA
13349 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Renewal: NWPS3LELIVEM 3,744.00 1 1 33 EA 3,744.00 .00 No
New World Third Party LE Records Interface Standard Maintenance - Livescan Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSIMLEPUBM 624.00 1 1 34 EA 624.00 .00 No
New World Imaging Standard Maintenance - LE Public Safety Lineups/Mug Shots
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCORRINMATEM 3,536.00 1 1 35 EA 3,536.00 .00 No
Additional New World Standard Maintenance for Corrections Management - Inmate Movement Tracking Bar Coding
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCORRBASEM 18,395.52 1 1 36 EA 18,395.52 .00 No
New World Corrections Management Standard Maintenance Base Package
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3LECITZNM 2,392.00 1 1 37 EA 2,392.00 .00 No
New World Third Party LE Records Interface Standard Maintenance - Citizen Reporting Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSFRMEMSFDRPM 20.80 1 1 38 EA 20.80 .00 No
New World Fire Mobile Unit Standard Maintenance - EMS Field Reporting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCORRPROPM 3,536.00 1 1 39 EA 3,536.00 .00 No
Additional New World Standard Maintenance for Corrections Management - BarCoding
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSFDREPSVM 12,480.00 1 200 40 EA 12,480.00 .00 No
New World Field Reporting Server Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSCORRFSRMSPM 7,072.00 1 1 41 EA 7,072.00 .00 No
New World Corrections Compliance Federal & State Reporting MSP Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSMBMSVRM 22,880.00 1 1 42 EA 22,880.00 .00 No
New World Mobile Messaging Server Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3PTYMNT 6,136.00 1 1 43 EA 6,136.00 .00 No
ArcGIS Advanced Enterprise Server Integration
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3LELINXM 2,392.00 1 1 44 EA 2,392.00 .00 No
New World Third Party LE Records Interface Standard Maintenance - LINX Interface
24.d
Packet Pg. 804 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
5 of 5
DateCompany
PROFORMA
13349 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMICRTM 3,244.80 1 156 45 EA 3,244.80 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - In-Car Routing
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSLEMMUGM 3,244.80 1 156 46 EA 3,244.80 .00 No
New World Law Enforcement Mobile Unit Standard Maintenance - Mobile Message - Mugshot Image Download
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3ENTE911M 3,744.00 1 1 47 EA 3,744.00 .00 No
New World Enterprise Third Party Interface Standard Maintenance - E-911 Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPSENTCMBCADM 32,541.60 1 33 48 EA 32,541.60 .00 No
New World Enterprise Combined LE/Fire/EMS CAD Standard Maintenance
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWPS3ENTCADPGM 3,744.00 1 1 49 EA 3,744.00 .00 No
New World Enterprise Third Party Interface Standard Maintenance - CAD Paging Interface
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
324,936.56 Order Total:Does not include any applicable taxes
Comments:Upon acceptance please email your purchase order to PO@tylertech.com
24.d
Packet Pg. 805 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
1 of 1
DateCompany
PROFORMA
13352 02/03/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Ship To:To:
Customer Grp/No.Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
1 50197
Customer PO#Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Contract No.: San Bernardino, CA
Renewal: BZSVHOST 234.84 1 1 1 EA 234.84 .00 No
Server Hosting
Maintenance Plan: ; Start: 06/01/2021, End: 05/31/2022; Term: 12 months
:
234.84 Order Total:Does not include any applicable taxes
Comments:Upon acceptance please email your purchase order to PO@tylertech.com
24.d
Packet Pg. 806 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
1 of 1
DateCompany
PROFORMA
14906 05/31/2021
THIS IS NOT AN INVOICE
Order No.
130
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies -
Phone: 1-800-772-2260 Press 2
Fax: 1-866-673-3274
Email: ar@tylertech.com
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
Ship To:To:
Customer Grp/No.Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
United States
1 50197
Customer PO#Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Contract No.: San Bernardino, CA
Renewal: 0.00 1 1 1 EA 0.00 .00 No
Field Interview Interface (Supports Brazos)
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: 1,078.41 1 1 2 EA 1,078.41 .00 No
Server Hosting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: 1,575.90 1 9 3 EA 1,575.90 .00 No
Brazos eCitation Maintenance - Brazos Rapid Extension Framework - MDC or TABLET
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
:
Renewal: 834.30 1 9 4 EA 834.30 .00 No
Brazos Interface Annual Maintenance - State Compliant Crash Report Software with Drawing Tool
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: 669.50 1 1 5 EA 669.50 .00 No
Brazos Software Maintenance - Task : Field Interview
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
4,158.11 Order Total:Does not include any applicable taxes
Comments:Upon acceptance please email your purchase order to PO@tylertech.com
24.d
Packet Pg. 807 Attachment: Attachment 4 Tyler Support quote for 2021-2022 - PD / CAD (7366 : Purchase Authorization for Annual Usage, Software and
Page
1 of 5
DateCompany
PROFORMA
152593 02/16/2021
THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
Ship To:To:
Customer Grp/No.Payment Terms Currency Code
Net 45 USD
San Bernardino, CA (Aegis)
710 N D St
San Bernardino, CA 92401-1112
1 50197
Customer PO#Ship Via
MISC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Contract No.: San Bernardino, CA
Renewal: NWERPSSEREQ-M 585.90 1 1 1 EA 585.90 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eRequests
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPUL2SL-M 1,824.00 800 1 2 EA 2.28 .00 No
SUPPORT & UPDATE LICENSING - User License to Site License
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPFMA-M 45,354.75 1 1 3 EA 45,354.75 .00 No
SUPPORT & UPDATE LICENSING - FM Base Suite
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPBR-M 5,460.00 1 1 4 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - Bank Rec
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPMISCBR-M 5,460.00 1 1 5 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - Misc. Billing & Receivables
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPURCHASING-M 5,460.00 1 1 6 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - PURCHASING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPREQ-M 5,460.00 1 1 7 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - REQUISITIONS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPROJA-M 5,460.00 1 1 8 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - Project Accounting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPGA-M 5,460.00 1 1 9 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - Grant Accounting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
24.e
Packet Pg. 808 Attachment: Attachment 5 - Tyler Support utoe for 2021-2022 - Financial (7366 : Purchase Authorization for Annual Usage, Software and
Page
2 of 5
DateCompany
PROFORMA
152593 02/16/2021
THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Renewal: NWERPBM-M 5,460.00 1 1 10 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - BID & QUOTE MANAGEMENT
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPINV-M 5,460.00 1 1 11 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - INVENTORY
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPCM-M 5,460.00 1 1 12 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - CONTRACT ACCOUNTING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERP3PR-M 5,460.00 1 1 13 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - THIRD PARTY RECEIVABLES
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPGASB-M 5,460.00 1 1 14 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - GASB Reporting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPFA-M 5,460.00 1 1 15 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - Asset Management
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPHRA-M 5,292.00 1 1 16 EA 5,292.00 .00 No
SUPPORT & UPDATE LICENSING - HR Base Suite
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEBA-M 907.20 1 1 17 EA 907.20 .00 No
SUPPORT & UPDATE LICENSING - Benefits Admin
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPEPERS-M 831.60 1 1 18 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - Personnel Action Processing
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPB-M 831.60 1 1 19 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - Position Budgeting
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPTA-M 378.00 1 1 20 EA 378.00 .00 No
SUPPORT & UPDATE LICENSING - TIME AND ATTENDANCE INTERFACE
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPAT-M 831.60 1 1 21 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - APPLICANT TRACKING
24.e
Packet Pg. 809 Attachment: Attachment 5 - Tyler Support utoe for 2021-2022 - Financial (7366 : Purchase Authorization for Annual Usage, Software and
Page
3 of 5
DateCompany
PROFORMA
152593 02/16/2021
THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPERT-M 831.60 1 1 22 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - EMPLOYEE RETIREMENT TRACKING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPEET-M 831.60 1 1 23 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - EMPLOYEE EVENT TRACKING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPCBA-M 831.60 1 1 24 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - COBRA BILLING ADMINISTRATION
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPWCA-M 831.60 1 1 25 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - WORKERS COMPENSATION ADMIN
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPBT-M 831.60 1 1 26 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - BENEFITS TRACKING (NON-EMPLOYEE)
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPERMIT-M 623.70 1 1 27 EA 623.70 .00 No
SUPPORT & UPDATE LICENSING - PERMITS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPCE-M 415.80 1 1 28 EA 415.80 .00 No
SUPPORT & UPDATE LICENSING - CODE ENFORCEMENT
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPRST-M 415.80 1 1 29 EA 415.80 .00 No
SUPPORT & UPDATE LICENSING - REQUEST FOR SERVICES TRACKING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPBL-M 831.60 1 1 30 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - Business Licensing
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPMI-M 831.60 1 1 31 EA 831.60 .00 No
SUPPORT & UPDATE LICENSING - MUNICIPAL INSPECTIONS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPMS-M 500.85 1 1 32 EA 500.85 .00 No
SUPPORT & UPDATE LICENSING - PARCEL MANAGEMENT
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
24.e
Packet Pg. 810 Attachment: Attachment 5 - Tyler Support utoe for 2021-2022 - Financial (7366 : Purchase Authorization for Annual Usage, Software and
Page
4 of 5
DateCompany
PROFORMA
152593 02/16/2021
THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Renewal: NWERPCGISI-M 189.00 1 1 33 EA 189.00 .00 No
SUPPORT & UPDATE LICENSING - COMMUNITY GIS INTEGRATION
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPPP-M 415.80 1 1 34 EA 415.80 .00 No
SUPPORT & UPDATE LICENSING - PROJECT PLANNING
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPDSBD-M 5,460.00 1 1 35 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - DECISION SUPPORT BASE DATAMART
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPFMA-M 5,460.00 10 1 36 EA 546.00 .00 No
SUPPORT & UPDATE LICENSING - FM ANALYTICS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPFMD-M 5,460.00 1 1 37 EA 5,460.00 .00 No
SUPPORT & UPDATE LICENSING - FM DASHBOARDS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPHRA-M 245.70 10 1 38 EA 24.57 .00 No
SUPPORT & UPDATE LICENSING - HR ANALYTICS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPHRD-M 500.85 1 1 39 EA 500.85 .00 No
SUPPORT & UPDATE LICENSING - HR DASHBOARDS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPCDA-M 207.90 10 1 40 EA 20.79 .00 No
SUPPORT & UPDATE LICENSING - CD ANALYTICS
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPCDD-M 396.90 1 1 41 EA 396.90 .00 No
SUPPORT & UPDATE LICENSING - CD DASHBOARD
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPESUITE-M 5,040.00 1 1 42 EA 5,040.00 .00 No
SUPPORT & UPDATE LICENSING - eSUITE BASE (Payments)
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEP-M 5,040.00 1 1 43 EA 5,040.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE ePayments
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSES-M 5,040.00 1 1 44 EA 5,040.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eSupplier
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
24.e
Packet Pg. 811 Attachment: Attachment 5 - Tyler Support utoe for 2021-2022 - Financial (7366 : Purchase Authorization for Annual Usage, Software and
Page
5 of 5
DateCompany
PROFORMA
152593 02/16/2021
THIS IS NOT AN INVOICE
Order No.
045
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
No. Item/ Description/ Comments Total Cost Quantity# UsersDrop Ship U/M Unit Price Disc %
Renewal: NWERPSSEBID-M 5,040.00 1 1 45 EA 5,040.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eBid
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEMB-M 5,040.00 1 1 46 EA 5,040.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eMisc Billing
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEBA-M 1,285.20 1 1 47 EA 1,285.20 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eBenefits Admin
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSET-M 1,001.70 1 1 48 EA 1,001.70 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eTimesheets
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEE-M 756.00 1 1 49 EA 756.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eEmployee
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSERECRUIT-M 756.00 1 1 50 EA 756.00 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eRecruit
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSEPERMIT-M 415.80 1 1 51 EA 415.80 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE ePermits
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
Renewal: NWERPSSELIC-M 585.90 1 1 52 EA 585.90 .00 No
SUPPORT & UPDATE LICENSING - SELF SERVICE eLicense
Maintenance Plan: ; Start: 07/01/2021, End: 06/30/2022; Term: 12 months
178,470.75 Order Total:Does not include any applicable taxes
Comments:Upon acceptance please email your purchase order to PO@tylertech.com
24.e
Packet Pg. 812 Attachment: Attachment 5 - Tyler Support utoe for 2021-2022 - Financial (7366 : Purchase Authorization for Annual Usage, Software and
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Notice of Availability of Surplus Land - Arden Guthrie (Ward 7)
Recommendation
Adopt Resolution No. 2021-150 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino, declaring City-owned property fronting Highland Avenue
on the north, 20th Street on the south, Arden Avenue on the east, and Guthrie Street
on the west and commonly known as Arden Guthrie , as non-exempt surplus land;
approve the form of Notice of Availability attached to the resolution; and direct the City
Manager to comply with the requirements of the Surplus Land Act, Government Code,
Section 54220 et seq.; and finding the action exempt from CEQA for the disposition of
Arden Guthrie.
Background
Commonly known as Arden Guthrie (the “Property”), this 17.43 acre vacant commercial
property is located just off the 215 freeway at Highland and Arden Avenues. The
property is owned and controlled by the Successor Agency of the City of San
Bernardino. The former Redevelopment Agency (RDA) acquired the property on or
around 2006 utilizing a Section 108 Loan from the US Department of Housing and
Development. The intent of the acquisition was to allow for the development of a
commercial shopping center through negotiations with a private development entity.
In 2010, the RDA entered into an Exclusive Negotiation Agreement with Mark
Development and Home Depot to negotiate the sale and development of the property.
On May 23rd, 2012, the City Council certified an Environmental Impact Report and
approved various entitlements allowing the development of a multi -tenant commercial
shopping center. In 2012, the dissolution of redevelopment statewide prevented the
project from moving forward since the RDA could not liquidate property until the
dissolution was completed. At the time, Home Depot would have been the main anchor
the shopping center.
In 2017, the State Department of Finance approved an amended property disposition
strategy related to the Successor Agency’s Long Range Property Management Plan
25
Packet Pg. 813
7369
Page 2
that allowed the disposition of former Redevelopment Agency property including the
Arden Guthrie property. That same year, Home Depot backed out of the project leaving
Mark Development to identif y other development options.
In May 2021, Mark Development indicated their intent to terminate the Purchase and
Sale Agreement for the Arden Guthrie property. Cancellation of escrow was effective
May 20, 2021.
The Property is not necessary for the Successor Agency’s use and none of the statutory
exemptions are applicable, therefore the Property and disposition are subject to the
Surplus Land Act.
Discussion
The Surplus Land Act requires all local agencies to give a right of first refusal to and to
prioritize negotiations with affordable housing sponsors and public entities when
disposing of surplus land. New legislation, which took effect on January 1, 2020,
requires that before a local agency takes any action to dispose of land no longer
necessary for the “agency’s use,” the land must be declared either “surplus land” or
“exempt surplus land,” as supported by written findings.
Upon the City’s determination that Arden Guthrie is surplus land, the procedures set
forth in Government Code Section 54220, et seq., must be followed. Those procedures
include the transmittal by the City of Notices of Availability with respect to the surplus
land to enumerated public entities and housing sponsors, for a period of 60 days,
including the following:
1. For the purpose of developing low- and moderate-income housing, a written notice of
availability of the surplus land shall be sent to any “local public entity” as defined by
Health and Safety Code Section 50079, within whose jurisdiction the surplus land is
located, and to CalHFA certified “Housing Sponsors” that have notified the California
Department of Housing and Community Development (“HCD”) of their interest in
surplus land.
2. For open space purposes, a written notice of availability of the surplus land shall be
sent to the City of San Bernardino Parks and Recreation Department, the San
Bernardino County Regional Parks Department, the State Resources Agency, or any
agency that may succeed to its powers, and any other qualifying public entities with
jurisdiction over the parcels.
3. For the purpose of use by a school district for school facilities construction or open-
space purposes, a written notice of availability of the surplus land shall be sent to San
Bernardino Unified School District.
If the City receives notice indicating interest in the surplus parcels, then the City
would enter into “good faith negotiations” over the price and terms of the disposition
of that City-owned surplus land with that entity. The City would be required to negotiate
25
Packet Pg. 814
7369
Page 3
for a period of 90 days. If the price and terms cannot be agreed upon after 90 days (or
if no entity gives notice of interest), the City may sell the surplus land without further
regard to the surplus land procedures, except that the City must record a restrictive
covenant on title to the land stating that any residential development on the surplus
land that contains 10 or more units must restrict 15% of the units for affordable
housing. Nothing in the surplus land procedures requires the City to sell the surplus
land at less than fair market value. An agreement for the sale of the Property would be
brought to the Mayor and City Council for consideration at a future date.
2020-2025 Key Strategic Targets and Goals
Declaration of this property as Surplus Land aligns wit h Key Target 4: Economic
Growth and Development by supporting the possible sale and reuse of the land for
future development that may result in additional revenue sources for the City and
provide services or amenities to support the growing community.
Fiscal Impact
There is no fiscal impact to the City associated with this action.
Environmental Analysis
The action is exempt from environmental review pursuant to the California
Environmental Quality Act (Pub. Resources Code, § 2100 et seq.) and State CEQA
Guidelines (Cal. Code Regs. Tit. 14, §15312) which applies to the declaration and sale
of surplus government property.
Conclusion
Adopt Resolution No. 2021-150 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino, declaring City-owned property fronting Highland Avenue
on the north, 20th Street on the south, Arden Avenue on the east, and Guthrie Street
on the west and commonly known as Arden Guthrie , as non-exempt surplus land;
approve the form of Notice of Availability attached to the resolution; and direct the City
Manager to comply with the requirements of the Surplus Land Act, Government Code,
Section 54220 et seq.; and finding the action exempt from CEQA for the disposition of
Arden Guthrie.
Attachments
Attachment 1 Resolution 2021-150
Attachment 2 Resolution 2021-150; Exhibit A
Attachment 3 Notice of Availability of Surplus Land
25
Packet Pg. 815
7369
Page 4
Ward: 7
Synopsis of Previous Council Actions:
25
Packet Pg. 816
RESOLUTION NO. 2021-150
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, DECLARING PROPERTY COMMONLY
KNOWN AS ARDEN GUTHRIE, AS NON-EXEMPT
SURPLUS LAND; APPROVING THE FORM OF NOTICE
OF AVAILABILITY; DIRECTING THE CITY MANAGER
TO COMPLY WITH THE REQUIREMENTS OF THE
SURPLUS LAND ACT, GOVERNMENT CODE SECTION
54220 ET SEQ.,; AND FINDING THE ACTION EXEMPT
FROM CEQA FOR THE DISPOSITION OF ARDEN
GUTHRIE
WHEREAS, pursuant to Health and Safety Code (the “HSC”) section 34172(a)(1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of
the City of San Bernardino (the “City”) elected to serve in the capacity of the Successor Agency
to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency”); and
WHEREAS, the Successor Agency, owns and controls that certain 17.43 acre property
commonly known as Arden Guthrie (the “Property”), which is bounded on the north by Highland
Avenue, on the south by 20th Street, on the west by Guthrie Street, and on the east by Arden
Avenue, as shown on map attached hereto as Exhibit A; and
WHEREAS, between 2006 and 2021, several attempts were made by the Successor
Agency to sell the Property for development without success; and
WHEREAS, the Property is not necessary for the Successor Agency’s use and none of
the statutory exemptions set forth under Government Code (“GC”) Section 54221(f)(1) are
applicable, and therefore the Property and disposition thereof are subject to the Surplus Land Act
(GC Section 54220 et seq.) (the “Act”).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY 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 Successor Agency finds that the Property is not necessary for the
Successor Agency’s use, as defined under the Act, GC Section 54221(c), and does not qualify as
“exempt surplus land” under the Act, GC Section 54221(f).
25.a
Packet Pg. 817 Attachment: Attachment 1 - Resolution 2021-150 (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Resolution 2021-___
SECTION 3. The Successor Agency approves the form of Notice of Availability,
attached hereto as Exhibit B (the “Notice”), and on behalf of the Successor Agency, the City
Manager, in the capacity as Executive Director of the Successor Agency, is authorized and
directed to comply with the requirements of the Act, to issue the Notice to those statutorily
entitled to receive it (GC Section 54222), and to negotiate in good faith with those entities, if
any, who submit qualified Notices of Interest (GC Sections 54222.5 and 54223).
SECTION 4. The action authorized by this Resolution does not authorize or approve the
actual disposition or sale of the Property. Thus, this action does not commit the Successor
Agency to any future action, nor does this action approve a particular project, or grant any
specific approval that would have a direct or reasonably foreseeable indirect environmental
impact pursuant to the California Environmental Quality Act (“CEQA”). (See 14 California
Code of Regulations Sections 15060(c) and 15378(b).) As such, the mere declaration of surplus
land and authorization to proceed under the Act do not constitute the approval of a “project”
under CEQA, and no further action under CEQA is required.
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 acting as the Successor Agency and
signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
25.a
Packet Pg. 818 Attachment: Attachment 1 - Resolution 2021-150 (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Resolution 2021-___
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
25.a
Packet Pg. 819 Attachment: Attachment 1 - Resolution 2021-150 (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Resolution 2021-___
EXHIBIT A
MAP OF ARDEN GUTHRIE
25.a
Packet Pg. 820 Attachment: Attachment 1 - Resolution 2021-150 (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Resolution 2021-___
EXHIBIT B
NOTICE OF AVAILABILITY
25.a
Packet Pg. 821 Attachment: Attachment 1 - Resolution 2021-150 (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
SITE MAP – AERIAL VIEW
25.b
Packet Pg. 822 Attachment: Attachment 2 - Resolution 2021-150; Exhibit A (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
June __, 2021
TO: Housing Sponsors and Designated Local Agencies
RE: Notice of Availability of Surplus Land – in the City of San Bernardino, CA,
Pursuant to California Government Code Section 54220 et seq.
Pursuant to the provisions of the Surplus Land Act, California Government Code (“GC”) Section
54220, et seq. (the "Act”), the Successor Agency to the Redevelopment Agency of the City of
San Bernardino (the “Successor Agency”) hereby notifies those entities designated in GC
Section 54222 of the Act of the availability for lease or purchase of the following surplus
Successor Agency-owned property (the “Property”), for the purposes authorized in the Act,
which Property the Successor Agency has declared surplus prior to the disposition of the
Property by the Successor Agency, consistent with the Act and the Successor Agency’s policies
and procedures.
APN LOCATION SIZE
(AC) ZONING
GENERAL
PLAN
DESIGNATION
CURRENT
USE
CURRENT
OWNER
APNs: 1191-021-01
1191-021-11 to 69
1191-041-17 to 22
1191-041-25 to 32
Highland Av on the
north;
20th St on the south;
Arden Av on the east;
Guthrie St on the west
17.61
General
Commercia
l Regional-
1
Commercial vacant
land
Successor
Agency
In accordance with GC Section 54222, you have sixty (60) days from the date this offer was
sent via certified mail or electronic mail to notify the Successor Agency of your interest in
acquiring the Property. However, this offer shall not obligate the Successor Agency to sell the
Property to you. Instead, if your letter of interest/proposal meets the Act’s requirements, the
Successor Agency would enter into at least ninety (90) days of negotiations with you pursuant to
GC Section 54223. If no agreement is reached on sales price and terms, or if the Successor
Agency does not receive any notices of interest within the initial 60-day period the Successor
Agency may market the Property to the general public.
As required by GC Section 54227, if the Successor Agency receives more than one letter of
interest/proposal during the initial 60-day period, it will give first priority to entities proposing to
develop housing where at least 25 percent of the units will be affordable to lower income
households. If more than one such proposal is received, priority will be given to the proposal
with the greatest number of affordable units. If more than one proposal specifies the same
number of affordable units, priority will be given to the proposal that h as the lowest average
affordability level.
In the event your agency or company is interested in purchasing the Property, you must notify
the Successor Agency in writing within sixty (60) days of the date this notice was sent via
certified mail or electronic mail.
If you have any questions regarding the land, you may contact the Successor Agency’s
representative, the Director of Community and Economic Development, Michael A. Huntley, at
the email address listed below, or by responding to the cover email accompanying this
transmittal. Written notices of interest must be received by the Successor Agency by no later
25.c
Packet Pg. 823 Attachment: Attachment 3 - Arden Guthrie NOA (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
than Monday, July , 2021. The receipt of an email or notice of regular mail by way of
the United States Postal Services is acceptable. If by regular mail, we suggest that you send it
via certified mail with return receipt requested.
PLEASE SEND WRITTEN NOTICE OF INTEREST TO:
The Successor Agency to the Redevelopment Agency
of the City of San Bernardino
Attn: Michael A. Huntley
Director of Community and Economic Development
290 North “D” Street, 3rd Floor
San Bernardino, CA 92401
Huntley_Mi@SBCity.org
Entities proposing to submit a letter of interest/proposal are advised to review the requirements
set forth in the Surplus Land Act (GC Section 54220-54234).
PROPERTY DISPOSITION SPECIFICS:
The sale of the Property is:
subject to development conditions placed on the Property by a $7.5M City 2006-HUD
Section 108 Loan which requires the City to complete the following tasks in order for the
City to meet the National Objective of redeveloping the underutilized and blighted
Property in order to create jobs (214 full-time equivalent (“FTEs”)) pursuant to 24 CFR §
570.208 (a) (4), where at least 51 percent of the jobs (51% of 214 jobs = 109 jobs),
computed on a FTE basis, are held or made available to low- and/or moderate-income
persons (i.e., persons with family incomes that are not more than 80% of median
income, adjusted by family size):
o Sell Property at fair market value based on the real estate principle of “Highest
and Best Use” for private development purposes to increase employment
opportunities;
o Execute a HUD Compliance Agreement between City and Developer prior to
close of escrow;
subject the requirements of the Redevelopment Dissolution Act; and
to be sold “as-is.”
If the development of the Property does not meet the National Objective of job creation, HUD
has stated that it will require the payback of the $7.5M 2006-HUD Section 108 Loan, plus
interest, for a total of $13,265,6445, which payback shall have to be borne by the developer of
the Property.
PROPERTY-SPECIFIC CONSIDERATIONS:
There will be no financial assistance from the Successor Agency and/or City of San
Bernardino.
The Property is currently undeveloped. However, there may exist underground utilities
that may not have been removed when the former Redevelopment Agency demolished
the former structures.
25.c
Packet Pg. 824 Attachment: Attachment 3 - Arden Guthrie NOA (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Soil contamination may exist due to the homeless population that encamps on the
Property.
Caltrans’ development conditions have not yet been determined.
According to the California
Environmental Protection Agency
California Air Resources Board’s Air
Quality and Land Use Handbook: A
Community Health Perspective (2005),
which identifies a 500 foot distance limit
that should be maintained when siting
housing next to a freeway/highway,
additional CEQA mitigations measures
will be required.
25.c
Packet Pg. 825 Attachment: Attachment 3 - Arden Guthrie NOA (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
SITE MAP – AERIAL VIEW
25.c
Packet Pg. 826 Attachment: Attachment 3 - Arden Guthrie NOA (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
ASSESSOR’S MAPS
25.c
Packet Pg. 827 Attachment: Attachment 3 - Arden Guthrie NOA (7369 : Notice of Availability of Surplus Land - Arden Guthrie (Ward 7))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Design and Development Standards for Wireless Facilities in
Public Right-Of-Way (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-151 containing design and development standards for
wireless facilities in the public right-of-way; and
2. Adopt Resolution 2021-152 establishing a fee schedule for wireless
encroachment permits to install wireless facilities in the public right -of-way under
City Municipal Code Chapter 12.05.
Background
On June 2, 2021, the Mayor and City Council conducted a public hearing to consider
and adopt Ordinance MC-1560 to amend the City of San Bernardino Municipal Code to
add Chapter 12.05, “Rights -of-Way Permits - Wireless Facilities” (“Ordinance”). T he
Ordinance is set for adoption on tonight's agenda. The purpose of proposed Chapter
12.05 is to provide for certain standards and regulations relating to the location,
placement, design, construction and maintenance of wireless facilities and related
structures with the City’s public rights -of-way (“ROW”), and providing for the
enforcement of said standards and regulations consistent with federal and state law
limitations on the City’s authority.
Discussion
Design and Development Standards Resolution
Ordinance MC-1560 provides that design and development standards will be
established by resolution of the Mayor and City Council. Resolution 2021 -151 provides
such standards. Given the frequent and often important changes to the law and
technology of wireless installations, design standards by resolution affords the City
flexibility to readily adapt and tailor its regulations to these changes and the concerns
of the City.
26
Packet Pg. 828
7372
Page 2
On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and
Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (the “September Order”), which among
other things, placed limits on aesthetic regulations for small wireless facilities, including
undergrounding. The FCC declared that such requirements will not be preempted if
they are reasonable, no more burdensome than those applied to other types of
infrastructure deployments, and objective and published in advance so that applicants
know what aesthetic requirements they must satisfy to be able to deploy facilities.
These FCC rules for aesthetic regulations went into effect on April 15, 2019.
However, as part of an August 12, 2020 decision about the September Order, the Ninth
Circuit Court of Appeals invalidated certain portions of the FCC’s rules for aesthetic
standards. Now, a city’s aesthetic regulations for small wireless facilities will not be
preempted if they are (1) reasonable (technically feasible); and (2) published in
advance.
Fees Resolution
The September Order also declared that all fees (including permit fees and re ntal fees
for use of government-owned infrastructure, such as streetlights) must be based on a
reasonable approximation of the local government’s costs, such that only objectively
reasonable costs are factored into those fees, and fees are no higher than t he fees
charged to similarly situated competitors in similar situations. The FCC established
presumptively reasonable fee levels (called “safe harbors”) that include: non -recurring
fees equal to $500 for a single application for up to five collocations, pl us $100 for each
additional collocation, and $1,000 for each new pole. Recurring fees for attachment to
municipal infrastructure are presumed reasonable if equal to $270 per facility/per year,
including the fee for attachment to municipal infrastructure an d use of ROW.
The Fees Resolution uses the FCC safe harbor amounts discussed above and can be
adjusted in the future to ensure that the City recoups its reasonable costs for reviewing
and processing wireless encroachment permit applications.
Application and Master License Agreements
In addition to the Design and Development Resolution and Fees Resolution for Mayor
and City Council approval, City Staff is developing a standard application for wireless
facility installations in the public ROW and a master license agreement for use of City
infrastructure such as streetlights, all of which together will serve as the City’s
framework for addressing applications for wireless facility installations in the public
ROW.
Environmental
The Resolutions are not a project within the meaning of Section 15378 of the State of
California Environmental Quality Act (“CEQA”) Guidelines because they have no
potential for resulting in physical change in the environment, directly or indirectly. The
Resolutions do not authorize any specific development or installation on any specific
26
Packet Pg. 829
7372
Page 3
piece of property within the City’s boundaries. Moreover, when and if an application for
installation is submitted, the City will at that time conduct preliminary review of the
application in accordance with CEQA. Alternatively, even if the Resolutions are a
“project” within the meaning of State CEQA Guidelines section 15378, the Resolutions
are exempt from CEQA on multiple grounds. First, the Resolutions are exempt from
CEQA review because the Mayor and City Council’s adoption of the Resolutions are
covered by the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). That is, approval of the Resolutions will not result in the actual installation
of any facilities in the City. In order to install a facility, a wireless provider would have to
submit an application for installation of a wireless facility. At that time, the City will have
specific and definite information regarding the facility to review in accordance with
CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time.
Moreover, in the event that the Resolutions are interpreted so as to permit install ation of
wireless facilities on a particular site, the installation would be exempt from CEQA
review in accordance with either State CEQA Guidelines section 15302 (replacement or
reconstruction), State CEQA Guidelines section 15303 (new construction or con version
of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to
land). Accordingly, City staff recommends that the Mayor and City Council, therefore,
direct a Notice of Exemption be filed with the County Clerk of the County o f San
Bernardino within five working days of the passage and adoption of the Resolutions.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1d: Financial Stability. Approval of this
Ordinance will establish guidelines for public improvements being constructed that will
improve wireless communication services to residents and business owners through the
City.
Fiscal Impact
There is no General Fund Impact. City staff time required for processing permit
applications for wireless facilities in the public right-of-way (ROW) and related appeals
will be covered by permit fees. As such, the permit fees will offset any fiscal impact
associated with the recommended action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-151 containing design and development standards for
wireless facilities in the public right-of-way; and
2. Adopt Resolution 2021-152 establishing a fee schedule for wireless
encroachment permits to install wireless facilities in the public right -of-way under
City Municipal Code Chapter 12.05.
Attachments
Attachment 1 Resolution 2021-151; Design and Development Standards for
26
Packet Pg. 830
7372
Page 4
Wireless Facilities
Attachment 2 Resolution 2021-152; Fee Schedule For Wireless Encroachment
Permits
Ward: All
Synopsis of Previous Council Actions:
June 2, 2021 Mayor and City Council adopted Ordinance No. MC-1560, adding
Chapter 12.05, “Rights-of-Way Permits - Wireless Facilities”
(“Ordinance”) to the City of San Bernardino Municipal Code .
26
Packet Pg. 831
RESOLUTION NO. 2021-151
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABILISHING DESIGN AND DEVELOPMENT
STANDARDS FOR RIGHT-OF-WAY PERMITS FOR
WIRELESS FACILITIES, AS AUTHORIZED BY CHAPTER
12.05
WHEREAS, Chapter 12.05 of the City’s Municipal Code governs the permitting,
installation, and regulation of wireless facilities in the City’s public right-of-way (ROW);
WHEREAS, the City’s public right-of-way are a uniquely valuable public resource,
closely linked with the City’s character, making the regulation of wireless installations in the
public right-of-way necessary to protect and preserve the aesthetics in the community;
WHEREAS, being authorized to do so, the City wishes to establish design and
development standards applicable to wireless installations in the public right-of-way;
WHEREAS, on June 16, 2021 the Mayor and City Council conducted a duly noticed
public meeting and received testimony from City staff and all interested parties regarding the
design and development standards; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS. The recitals above are each
incorporated by reference and adopted as findings of the Mayor and City Council.
SECTION 2. DEFINITIONS. The definitions set forth in Section 12.05.020 of the
Municipal Code are incorporated by reference into this Resolution.
SECTION 3. DESIGN AND DEVELOPMENT STANDARDS. The following design
and development standards shall apply to all wireless facilities in the public right-of-way:
A. Visual Criteria.
1. Generally. Wireless facilities shall be designed in the least visible
means possible and be aesthetically compatible with the
surrounding area and structures (e.g., appearance, color,
dimensions, height, style, size, scale and materials).
2. Materials. The materials used shall be non-reflective and non-
flammable.
26.a
Packet Pg. 832 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
3. Concealment. The wireless facility and pole-mounted equipment
shall be camouflaged or concealed to blend the facility with
surrounding materials and colors of the support structure on which
the facility is installed. Concealment elements include, but are not
limited to, the following:
a. Radio frequency (RF) transparent screening or shrouds;
b. Matching the color of the existing support structure by
painting, coating, or otherwise coloring the small wireless
facility, equipment, mounting brackets, and cabling;
c. Placing cables and wires inside the pole or beneath conduit
of the smallest size possible;
d. Minimizing the size of the site;
e. Installing new infrastructure that matches existing
infrastructure in the area surrounding the proposed site; and
f. Using paint of durable quality.
B. Location.
1. Preferred Locations/Zones. Major, Secondary or Collector
Arterials.
2. Discouraged Locations/Zones. Residential streets are discouraged.
3. Prohibited Zones. Flood plains, environmentally-protected areas,
historic zones, high fire areas, and tribal lands.
4. The City has a preference for the use of new calculated structure
for the proposed equipment or a signed structural design shall be
submitted.
5. Collocations Encouraged.
6. Design/Styling Preferences. If ground-mounting is required,
equipment must be enclosed in cabinet and shall incorporate
shrouding and camouflaging to match colors, appearance, and
materials of existing facilities and screen facilities from public
view. Cabinet shall be approved by City.
7. Curb Setback Requirements. New or replacement poles shall be a
minimum of 24 inches from the face of the curb.
26.a
Packet Pg. 833 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
8. Strand-Mounted Facilities. Strand-mounted facilities are
prohibited, unless they are necessary for technical reasons as
determined by City.
C. Prohibition of Generators. Generators are prohibited in the public right-
of-way.
D. Electric Service. No connection to City streetlight electricity is allowed.
Meters are required and must use the narrowest, smallest electric meter
and disconnect available. Meter must receive Southern California Edison
approval.
E. Security. All equipment and facilities shall be installed in a manner to
avoid being an attractive nuisance and to prevent unauthorized access,
climbing, and graffiti.
F. Safety. All wireless facilities in the public ROW, including each piece of
equipment, shall be located and placed in a manner so as to not interfere
with the use of the public ROW; impede the flow of vehicular or
pedestrian traffic, disrupt the sight distance requirements; impair the
primary use and purpose of poles/signs/traffic signals or other
infrastructure; interfere with outdoor dining areas or emergency facilities;
or otherwise obstruct the accessibility of the right-of-way. Further, all
wireless facilities and associated equipment in the public ROW shall
comply with Americans with Disabilities Act (ADA) requirements.
G. Lighting. No facility shall be illuminated unless specially required by the
Federal Aviation Administration (FAA) or other government agency.
Any required lighting shall be shielded to eliminate impacts on the
surrounding area property, to the maximum extent possible.
H. Signs. No facility may display any signage or advertisement unless it is
expressly allowed by the City in a written approval, recommended under
FCC regulations, or required by law or permit condition. Every facility
shall at all times display signage that accurately identifies the facility
owner and provides the owner’s unique site number and a local or toll-
free telephone number to contact the facility owner’s operations center.
I. Landscaping. In addition to any landscaping used for concealment or
screening purposes, the applicant shall propose and install additional
landscaping to replace any existing landscaping displaced during
construction or installation of the applicant’s facility in the right-of-way.
The applicant’s landscaping plan shall be subject to the City’s review and
approval but shall, at a minimum, match the existing landscaping and
foliage surrounding the installation site.
26.a
Packet Pg. 834 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
J. Modifications. Any modifications to existing facilities or equipment or
collocations shall not defeat the concealment elements of the existing
structure/facility.
SECTION 4. DESIGN AND DEVELOPMENT STANDRARDS FOR POLE-
MOUNTED FACILITIES. In addition to the generally applicable standards set forth in
Section 3 of this Resolution, the design and development standards for pole-mounted facilities in
the ROW are as follows:
A. Definition of Pole-Mounted Facility. For purposes of this Resolution, the
term “pole-mounted facility” means a wireless facility that is, or is
proposed to be, attached to, contained in or on, or otherwise mounted to,
in, or on a pole.
B. Poles, Generally. For facilities installed on any pole:
1. Antennas. Antennas and radio relay units (RRUs) shall be top-
mounted in a shroud. RRUs attached to the side of the pole are
discouraged, but if they are required due to technical reasons,
should use the smallest RRU volume possible and be stacked
vertically and close together with minimal distance from the pole
as directed by the City Engineer. Antenna shut off switch to be
furnished and installed by wireless company (no less than 20 feet
from first ground).
2. Dimensions. Antennas shall be of the smallest possible size, but in
no case more than three cubic feet in volume. Pole-top wireless
facilities, including shroud, shall be no more than 72 inches in
height and 18 inches in diameter, as shown in Exhibit “A” (Pole
Dimensions).
3. Accessory Equipment. Undergrounding equipment is preferred,
including RRUs that cannot be placed with the antenna in the
shroud. Vaults and pull boxes shall be installed flush to grade.
Ground-mounted equipment is prohibited unless required for
technical reasons. If required, ground-mounted equipment shall
incorporate camouflaging and shrouding to match the colors,
appearance, and materials of existing facilities and screen facilities
from public view as much as is technically feasible. Further, if
ground-mounted equipment is required, it must be enclosed in
cabinets, sized only for the needed equipment and camouflaged
using paint that matches the surrounding environment. Cabinet
shall be approved by City.
4. Cables and Wiring. All cables and wiring must be within the
structure, or if not feasible, within conduit on the exterior of the
structure. The conduit must be a color that matches the pole and of
26.a
Packet Pg. 835 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
the smallest size technically feasible. Streetlight wiring/feed must
be in separate conduit from communications wiring/feed.
5. General Orders. All installations shall fully comply with the
California Public Utilities Commission (“CPUC”) General Orders,
including, but not limited to General Order 95, 128, 165 and 166
(“GO 95, 128, 165 and 166”). None of the design standards are
meant to conflict with or cause a violation of GO 95, 128, 165 and
166, including, but not limited to, its standards for a safe
installation on a utility pole. Accordingly, the Standards can be
adjusted at the City’s discretion to ensure compliance with CPUC
rules on safety.
6. Pole Owner Authorization. The applicant must enter into an
agreement with City to install the pole-mounted facility. All poles
are to be owned by the City. Compliance with City of San
Bernardino Ordinance No. 1560 must be met with each site.
C. Replacement Poles. If an applicant proposes a replacement pole to
accommodate the facility:
1. Placement. The base of the replacement pole shall be a minimum
of 24 inches away from the face of the curb and no closer than five
feet from driveways/curbs. Further, a replacement pole must be in
the same location as the pole that it is replacing or as close to the
original location as possible, taking into account pole owner
safety-related requirements (e.g., FAA Guidelines) and all
applicable location and placement standards herein.
2. Design. Replacement poles shall have a maximum pole height of
35 feet and a maximum diameter of 18 inches, including wireless
equipment and shroud, and shall be calculated/designed for weight
and load requirements. Wireless facilities shall be designed in the
least visible means possible and be aesthetically compatible with
surrounding area and structures. The poles shall have all cables and
wiring contained inside the poles, and wooden poles are
prohibited. Pole design and finish must aesthetically match
existing City or San Bernardino Streetlight poles (SL1, SL2, SL3).
Poles shall match the design (e.g., appearance, color, dimensions,
height, style, size, scale and materials) of the existing pole that is
being replaced to the greatest extent feasible.
3. Installations on Replacement Poles. Antennas shall be pole top-
mounted in a shroud, and cables and wiring shall be contained
within the new pole. Equipment that cannot fit in the shroud with
the antenna shall be undergrounded, but if undergrounding is not
technically feasible, then equipment shall be enclosed in cabinets,
26.a
Packet Pg. 836 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
sized only for the needed equipment and camouflaged using paint
that matches the surrounding environment. Cabinet shall be
approved by City.
D. New Poles.
1. Waiver Required. New poles are prohibited, unless a waiver is
approved by the City pursuant to Municipal Code section
12.05.050(b).
2. Placement. The base of the new pole shall be a minimum of 24
inches away from the face of the curb and no closer than five feet
from driveways/curbs. Placement shall take into account pole
owner safety-related requirements (e.g., FAA Guidelines) and all
applicable location and placement standards herein.
3. Design. New poles shall have a maximum pole height of 35 feet
and a maximum diameter of 18 inches, including wireless
equipment and shroud, and shall be calculated/designed for weight
and load requirements. Wireless facilities shall be designed in the
least visible means possible and be aesthetically compatible with
surrounding area and structures. The poles should be designed so
that cables and wiring can be contained inside the poles, and
wooden poles are prohibited. Pole design and finish must
aesthetically match existing City or San Bernardino Streetlight
poles (SL1, SL2, SL3). If existing poles are present in the
surrounding area, then the new pole shall match the design (e.g.,
appearance, color, dimension, height, style, and materials) of
existing poles, and distribution pattern/spacing.
4. Installations on New Poles. Antennas shall be pole top-mounted in
a shroud, and cables and wiring shall be contained within the new
pole. Equipment that cannot fit in the shroud with the antenna shall
be undergrounded, but if undergrounding is not technically
feasible, then equipment shall be enclosed in cabinets, sized only
for the needed equipment and camouflaged using paint that
matches the surrounding environment. Cabinet shall be approved
by City
SECTION 5. EXCEPTIONS TO DESIGN STANDARDS.
A. An exception may be granted to one or more requirements of these
standards in the following circumstances:
1. If an applicant demonstrates to the reviewing authority with
evidence set forth in a feasibility study that compliance with a
requirement of the standards would be technically infeasible and
the proposed wireless facility complies with the requirements of
26.a
Packet Pg. 837 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
these design standards to the greatest extent technically feasible.
For example, an exception to a requirement to conceal antennas in
a shroud may be granted if shrouding is shown to be technically
infeasible and an alternative concealment such as a colored film
wrap is proposed. As another example, an exception to the volume
limitation for antennas in a single shroud may be granted if the
applicant can demonstrate that a greater volume is technically
required, and that it is using the smallest, technically feasible
design for providing personal wireless services, taking into account
the other requirements of these standards; or
2. If an applicant demonstrates to the reviewing authority in writing
that the particular design or location proposed involves only minor
non-compliance with a requirement of the standards but such non-
compliance either results in no increase in visual harms to the
community or provides other benefits. For example, an exception
to the antenna or equipment size or volume limitations may be
granted where the applicant can demonstrate that because of the
proposed location of the wireless facility away from viewsheds of
residences or shielded by vegetation or existing infrastructure
(such as barriers) in the public right-of-way, any additional visual
and physical impacts of the larger wireless facility would be
insignificant. As another example, an exception to the wireless
facility location limitations may be granted where the applicant can
demonstrate that the placement is less visible from viewsheds of
residences or shielded by vegetation or existing infrastructure
(such as barriers) in the public right-of-way, or is less physically
intrusive (for example, less impactful to tree roots or reduces
noise), or the applicant can demonstrate that in a multi-site
deployment, the placement would reduce the overall number of
sites needed and be no more visible or physically intrusive than
placement in accordance with the wireless facility location criteria.
Among other factors, in deciding whether or not to grant an
exception, the city manager may consider the impact of expansions
to the facility that the applicant would be entitled to make as of
right if granted.
B. Factors to be addressed in a feasibility study requesting an exception to
undergrounding requirements based on feasibility shall include but are
not limited to: construction impacts (including duration and extent of
excavation and soil disturbance); traffic and pedestrian impacts
(including impediments to access during construction and maintenance,
or permanent impediments due to the nature of particular equipment);
operational challenge (such as water, heat, or maintenance complications
affecting network reliability); noise impacts (such as venting and
pumping which may be required in some instances); cost impacts;
26.a
Packet Pg. 838 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
aesthetic considerations; and permanent impacts to the integrity and
future capacity of public rights-of-way.
C. Exceptions must be requested the time an application is initially
submitted for a wireless encroachment permit. The request must include
both the specific provision(s) from which exception is sought and the
basis of the request, including all supporting evidence on which the
applicant relies. Any request for exception after the application is
deemed complete constitutes a material change to the proposed wireless
facility and shall be considered a new application. A request for
exception from one or more requirements does not relieve the applicant
from compliance with all other applicable provisions of law or of these
standards.
SECTION 6. If any provision of this Resolution or its application to any person or
circumstance is held invalid, such invalidity has no effect on the other provisions or applications
of the Resolution that can be given effect without the invalid provision or application, and to this
extent, the provisions of this Resolution are severable. The Mayor and City Council declare that
it would have adopted this Resolution irrespective of the invalidity of any portion thereof.
SECTION 7. The documents and materials associated with this Resolution that
constitute the record of proceedings on which the Mayor and City Council’s findings and
determinations are based are located at 555 West 6th Street, San Bernardino, California 92401
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
26.a
Packet Pg. 839 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
EXHIBIT “A”
Pole Dimensions
26.a
Packet Pg. 840 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
26.a
Packet Pg. 841 Attachment: Attachment 1 - Resolution No. 2021-151; Design and Development Standards for Wireless Facilities (7372 : Design and
RESOLUTION NO. 2021-152
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ESTABILISHING A FEE SCHEDULE FOR WIRELESS
ENCROACHMENT PERMITS TO INSTALL WIRELESS
FACILITIES IN THE PUBLIC RIGHT-OF-WAY UNDER
CITY MUNICIPAL CODE CHAPTER 12.05
WHEREAS, Chapter 12.05 of the City’s Municipal Code governs the permitting,
installation, and regulation of wireless facility installations in the City’s public right-of-way
(ROW);
WHEREAS, Chapter 12.05 requires approval of a wireless encroachment permit to
install and operate such facilities;
WHEREAS, the Mayor and City Council wishes to establish a fee schedule for wireless
facility installations encroachment permits;
WHEREAS, the purpose of setting fees is to cover the City’s costs for processing
applications for wireless encroachment permits;
WHEREAS, the fee amounts established herein are based upon the reasonable
approximation of the City’s costs of providing the services and regulatory activity related to the
City’s ROW, and the presumptively reasonable fee levels (called “safe harbors”) established by
the Federal Communications Commission’s Declaratory Ruling and Third Report Order, 33 FCC
Rcd. 9088 (rel. Sep. 27, 2018);
WHEREAS, on June 16, 2021, the Mayor and City Council conducted and concluded a
duly noticed public meeting as required by law and received testimony from City staff and all
interested parties regarding the fee schedule; and
WHEREAS, all legal prerequisites to the adoption of the Resolution have occurred.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The recitals above are each incorporated by reference and
adopted as findings by the Mayor and City Council.
SECTION 2. Definitions. The definitions set forth in Section 12.05.020 of the
Municipal Code are incorporated by reference into this Resolution.
SECTION 3. Administration. The collection, processing, and other acts contemplated
in this Resolution shall be administered by the Director of Public Works or its designee, who is
hereby authorized to take all actions on behalf of the City with regard to this Resolution.
26.b
Packet Pg. 842 Attachment: Attachment 2 - Resolution No. 2021-152; Fee Schedule for Wireless Encroachment Permits (7372 : Design and Development
Resolution No. ___
SECTION 4. Fees. From the date hereof the following fees shall apply:
Permit Code
Section
Fee
Wireless Encroachment Permits
- small cell collocation applications
Chapter 12.03
Chapter 12.05
$500.00 per
application for an
application
containing up to
five facilities, with
an additional
$100.00 for each
facility beyond
five
- applications not constituting a
collocation
Chapter 12.03
Chapter 12.05
$1,000.00 per
application
SECTION 5. Severability. If any provision of this Resolution or its application to any
person or circumstance is held invalid, such invalidity has no effect on the other provisions or
applications of the Resolution that can be given effect without the invalid provision or
application, and to this extent, the provisions of this ordinance are severable. The Mayor and
City Council declare that it would have adopted this Resolution irrespective of the invalidity of
any portion thereof.
SECTION 6. Records. The documents and materials associated with this Resolution
that constitute the record of proceedings on which the Mayor and City Council’s findings and
determinations are based are located at the City Clerk’s Office.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
26.b
Packet Pg. 843 Attachment: Attachment 2 - Resolution No. 2021-152; Fee Schedule for Wireless Encroachment Permits (7372 : Design and Development
Resolution No. ___
Sonia R. Carvalho, City Attorney
26.b
Packet Pg. 844 Attachment: Attachment 2 - Resolution No. 2021-152; Fee Schedule for Wireless Encroachment Permits (7372 : Design and Development
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
26.b
Packet Pg. 845 Attachment: Attachment 2 - Resolution No. 2021-152; Fee Schedule for Wireless Encroachment Permits (7372 : Design and Development
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Tickemyer, Parks, Recreation and Community Services
Director
Subject: Senior Companion Program - First Year of a Three Year Grant
Award (All Wards)
Recommendation
Adopt Resolution 2021-153 of the Mayor and City Council of the City of San Bernardino,
California, to:
1. Ratify the submission of a grant application for the first year of a 3-year grant with
the Corporation for National and Community Service’s Senior Companion
Program; and
2. Accept the Grant Award in the amount of $324,812.
Background
Since 1975, the City of San Bernardino has participated in th e federally funded Senior
Companion Program (SCP), whereby Senior Companions have assisted the City’s adult
residents with physical, emotional, and/or mental health limitations, most of who are
elderly. This is the first of a 3-Year grant cycle (07/01/2021-06/30/2024) through the
newly-branded AmeriCorp program (formerly Senior Corps), administered by the
Corporation for National and Community Service. This grant will enable the City to
continue providing these services that enable volunteer Companions ages 55 years and
older to provide senior-age and developmentally-challenged clients with independent
living assistance. During the Coronavirus Pandemic year (FY 2020/21), approximately
36 Senior Companions provided 83 clients with 24,024 hours of actual personal service
and 34,962 hours of compensated service (allowance due to COVID -19 safety
restrictions and client isolation).
Discussion
Senior Companion volunteers provide the following services: companionship, meal
preparation, grocery shopping, and transportation to medical appointments and
pharmacies. They serve between 15 to 40 hours per week and receive an hourly
stipend of $3.00 per hour. Companions must be 55 years of age or older and meet
established income eligibility guidelines. In addition to the stipends, Senior Companions
receive the following incentives: accidental liability and excess automobile insurance
27
Packet Pg. 846
7374
Page 2
coverage, assistance with the cost of transportation, and on -boarding physical
examinations.
The FY 2021/22 Grant Award of $324,812 is for the period of July 1, 2021 through June
30, 2022, as included in the FY 2021/22 Budget and Budget Narrative attachment, and
is Year One of a 3-year grant cycle (2021-2024) for the administration and operation of
the Senior Companion Program. The proposed budget also specifies the City’s grant
match obligation. The grant match requirement is a minimum of 10% of the total
awarded amount. These funds are included in the City’s FY 2021/22 Operating Budget.
2020-2025 Key Strategic Targets and Goals
The grant submission for the Senior Companion Program aligns with Key Target No 1:
Financial Stability by securing a long-term revenue source, and creating a framework for
spending decisions; Key Target No 2: Focused, Aligned Leadership and Unified
Community by implementing a community engagement plan that builds a culture that
attracts, retains, and motivates the highest quality volunteers; Key Target No 3:
Improved Quality of Life by providing assistance to seniors in the community; and Key
Target No 4: Economic Growth and Development by using federal grant funding to
develop a branding and marketing campaign to recruit volunteers that provide
assistance to our most vulnerable citizens as we have for the past 46 years.
Fiscal Impact
Senior Companion Program grant revenue in the amount of $324,812 was anticipated
and is included in the City's FY 2021/22 Operating Budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2021-153, to:
1. Ratify the submission of a grant application for the first year of a 3-year grant with
the Corporation for National and Community Service’s Senior Companion
Program; and
2. Accepting the Grant Award in the amount of $324,812.
Attachments
Attachment 1 Resolution No. 2021-153
Attachment 2 2021-2022 SCP Grant Application
Attachment 3 2021-2022 SCP Notice of Grant Award
Attachment 4 2021-2022 SCP Grant Budget & Budget Narratives
Ward: All
Synopsis of Previous Council Actions:
July 15, 2020 Mayor and City Council adopted Resolution No. 2020-170 ratifying
the grant application submittal, accepting the grant award of
27
Packet Pg. 847
7374
Page 3
$324,812 and authorizing the Director of Finance or designee to
amend the FY 2020/21 adopted budget accordingly for the Senior
Companion Program for the period of July 1, 2020 through June 30,
2021.
Sept. 18, 2019 Mayor and City Council Approved Resolution No: 2019-291
ratifying the grant application submittal, accepting the grant award
of $302,177 and related match requirements, appropriate grant
revenue expenditures, and re-allocating grant match expenditures
for the Senior Companion Program for the period of July 1, 2019
through June 30, 2020.
August 1, 2018 Mayor and City Council approved Resolution No: 2019-219 ratifying
the grant application submittal, accepting the grant award of $
287,788 and related match requirements, appropriate grant
revenue expenditures, and re-allocating grant match expenditures
for the Senior Companion Program for the period of July 1, 2018
through June 30, 2019.
27
Packet Pg. 848
RESOLUTION NO.2021______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING THE SUBMISSION OF YEAR ONE OF A 3-
YEAR GRANT APPLICATION WITH THE
CORPORATION FOR NATIONAL AND COMMUNITY
SERVICES SENIOR COMPANION PROGRAM;
ACCEPTING THE GRANT AWARD
WHEREAS, the City submitted a Grant Application for federal assistance requesting
funding for Year One of a 3-Year Grant Allocation for the Senior Companion Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Senior
Companion Program on May 21, 2021; and
WHEREAS, the City has participated in the federally funded Senior Companion
Program for the last 46 years; and
WHEREAS, individuals aged 55 years and older provide services that promote
independent living of senior-age and developmentally challenged clients; and
WHEREAS, 36 individual SCP volunteers contributed over 24,024 actual service hours
and 29,135 compensated hours for 83 clients in FY 2020/21.
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; and
SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby
ratify the submission of a grant application for year one of the Corporation of National and
Community Service’s Senior Companion Program (SCP) in the total amount of $467,615; and
SECTION 3. That the Mayor and City Council of the City of San Bernardino hereby
accept the grant award in the amount of $324,812; and
SECTION 4. That the grant award and matching funds, together totaling $467,615, are
for operation of SCP from July 1, 2021, through June 30, 2022.
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.
27.a
Packet Pg. 849 Attachment: Attachment 1 - RESOLUTION No. 2021-153 - 2021-2022 SCP Grant 1st Year [Revision 2] (7374 : Senior Companion Program - First
Resolution No.2021 ___
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
27.a
Packet Pg. 850 Attachment: Attachment 1 - RESOLUTION No. 2021-153 - 2021-2022 SCP Grant 1st Year [Revision 2] (7374 : Senior Companion Program - First
Resolution No.2021 ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
27.a
Packet Pg. 851 Attachment: Attachment 1 - RESOLUTION No. 2021-153 - 2021-2022 SCP Grant 1st Year [Revision 2] (7374 : Senior Companion Program - First
27.b
Packet Pg. 852 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 853 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 854 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 855 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 856 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 857 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 858 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 859 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 860 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 861 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 862 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 863 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 864 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 865 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 866 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 867 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 868 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 869 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 870 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.b
Packet Pg. 871 Attachment: Attachment 2 - 2021-2022 SCP Grant Application [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year Grant
27.c
Packet Pg. 872 Attachment: Attachment 3 - 2021-2022 SCP Notice of Grant Award [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year
27.c
Packet Pg. 873 Attachment: Attachment 3 - 2021-2022 SCP Notice of Grant Award [Revision 1] (7374 : Senior Companion Program - First Year of a Three Year
27.d
Packet Pg. 874 Attachment: Attachment 4 - 2021-2022 SCP Grant Budget & Budget Narratives (7374 : Senior Companion Program - First Year of a Three Year
27.d
Packet Pg. 875 Attachment: Attachment 4 - 2021-2022 SCP Grant Budget & Budget Narratives (7374 : Senior Companion Program - First Year of a Three Year
27.d
Packet Pg. 876 Attachment: Attachment 4 - 2021-2022 SCP Grant Budget & Budget Narratives (7374 : Senior Companion Program - First Year of a Three Year
27.d
Packet Pg. 877 Attachment: Attachment 4 - 2021-2022 SCP Grant Budget & Budget Narratives (7374 : Senior Companion Program - First Year of a Three Year
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Approval of Commercial and Payroll Disbursements (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for May and June 2021.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
<http://sbcity.org/cityhall/finance/warrant_register.asp>.
Discussion
Gross Payroll
Monthly for May 15, 2021 11,666.69$
Bi-Weekly for May 16, 2021 2,227,648.37
Total Payroll Demands:2,239,315.06$
May 20, 2021 2020/21 (Register #47)1,068,421.49$
May 27, 2021 2020/21 (Register #48)584,157.20
June 3, 2021 2020/21 (Register #49)837,349.73
Total Commercial Check Demands:2,489,928.42$
May 13, 2021 - May 14,2021 2020/21 (Register #1095-#1100)1,121,826.66$
Total Commercial EFT Demands:1,121,826.66$
2020-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
28
Packet Pg. 878
7375
Page 2
for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for May and June 2021.
Attachments
Attachment 1 Payroll Summary Report for May 2021
Attachment 2 Commercial Checks & Payroll Register #47
Attachment 3 Commercial Checks & Payroll Register #48
Attachment 4 Commercial Checks & Payroll Register #49
Attachment 5 Commercial EFT Register #1095-1100
Wards: All
Synopsis of Previous Council Actions: N/A
28
Packet Pg. 879
28.a
Packet Pg. 880 Attachment: Attachment 1 - Payroll Summary Report for May 2021 (7375 : Approval of Commercial and Payroll Disbursements (All Wards))
28.a
Packet Pg. 881 Attachment: Attachment 1 - Payroll Summary Report for May 2021 (7375 : Approval of Commercial and Payroll Disbursements (All Wards))
28.b
Packet Pg. 882 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 883 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 884 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 885 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 886 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 887 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 888 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 889 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 890 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 891 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 892 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 893 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 894 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 895 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 896 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 897 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.b
Packet Pg. 898 Attachment: Attachment 2 - Commercial Checks & Payroll Register #47 (7375 : Approval of Commercial
28.c
Packet Pg. 899 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 900 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 901 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 902 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 903 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 904 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 905 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 906 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 907 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 908 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 909 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 910 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 911 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 912 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 913 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 914 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 915 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 916 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.c
Packet Pg. 917 Attachment: Attachment 3 - Commercial Checks & Payroll Register #48 (7375 : Approval of Commercial
28.d
Packet Pg. 918 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 919 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 920 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 921 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 922 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 923 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 924 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 925 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 926 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 927 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 928 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 929 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 930 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 931 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.d
Packet Pg. 932 Attachment: Attachment 4 - Commercial Checks & Payroll Register #49 (7375 : Approval of Commercial
28.e
Packet Pg. 933 Attachment: Attachment 5 - Commercial EFT Register #1095-1100 (7375 : Approval of Commercial and
28.e
Packet Pg. 934 Attachment: Attachment 5 - Commercial EFT Register #1095-1100 (7375 : Approval of Commercial and
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Update Regarding Negotiations with Renaissance Downtown
USA/ICO Real Estate Group (RDICO) for the Ca
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update regardin g the negotiations with Renaissance
Downtown USE/ICO Real Estate Group (RDICO) for the Carousel Mall property.
Background
On January 27, 2021, staff conducted a workshop with the Mayor and the City Council.
This workshop was intended to allow the final two development teams (Renaissance
Downtown USA/ICO Real Estate Group and SCG America) to present their concept for
the development of the Carousel Mall to the Mayor and City Council as well as the
community at large. The Mayor and City Council received 55 written comments and 76
recorded comments from the public that were heard during the workshop. No decision
was scheduled to be made at the workshop.
On March 3, 2021, staff presented the results of the Request for Proposal (RFP) and
provided the Mayor and City Council with a number of alternatives they may wish to
consider. Subsequent to City Council discussion, the Council selected Renaissance
Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team
for the Carousel Mall property. As a component of the selection, the City Council
requested that the majority of the deal point, terms and conditions be presented for
consideration with 6 month, and that the City Council receive regular updates on the
progress of negotiations.
On the June 2, 2021 City Council Agenda, staff provided an update on the progress of
the negotiations between the City and RDICO. The update included staff’s perspective
on the progress along with the March and April updates from RDICO.
Discussion
On May 26, 2021, the City Attorney’s office provided RDICO’s legal counsel with the
City’s standard Exclusive Negotiation Agreement (ENA) for their consideration. The
proposed ENA was reflective of the request for qualification process for the Carousel
29
Packet Pg. 935
7376
Page 2
Mall development and prior Council direction. On June 4, 2021, RDICO’s legal counsel
submitted a significantly marked up ENA for consideration by the City. Since the City’s
ENA is fairly standard, the City was surprised by the number of comments and the
content they included. Negotiations are continuing in line with Mayor and City Council
direction given in closed session. The final draft ENA is anticipated to be presented to
the Mayor and City Council at the July 21, 2021, meeting consistent with prior direction
to bring the ENA forward within six months of the Council’s selection of RDICO as the
preferred developer.
2020-2025 Key Strategic Targets and Goals
The continued negotiations between the City and RDICO align with Key Target No. 4:
Economic Development and Growth. Specifically, the redevelopment of the Carousel
Mall will be a catalyst for future growth and development within the entire community.
Fiscal Impact
There is no fiscal impact related to this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update regarding the negotiations with Renaissance
Downtown USE/ICO Real Estate Group (RDICO) for the Carousel Mall property.
Attachments
None
Ward: 1
Synopsis of Previous Council Action:
March 3, 2021 Mayor and City Council selected Renaissance Downtown USA/ICO
Real Estate Group (RDICO) as the preferred development team for
the Carousel Mall property.
29
Packet Pg. 936
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: First Amendment to the Interim Golf Course Management
Agreement for the Operations and Maintenance O
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-161 authorizing the City Manager to execute the
First Amendment to the Interim Golf Course Management Agreement between the City
of San Bernardino and CF Shandin Hills ARCIS LLC extending the term by 60 days.
Background
The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of
three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres
and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was
constructed between 1980 and 1986 and consist s of an 18-hole golf course, an 18,409
square foot clubhouse/banquet facility and maintenance facility. The property is
designated as Public/Commercial Recreational (PCR) on both the General Plan Land
Use Map and on the Zoning Map.
The property was originally owned by the former San Bernardino Redevelopment
Agency and records indicate that the Agency purchased the property through three
separate property transactions. The land that comprises the golf course was acquired
by the Agency in order to meet th e revitalization goals of the City and the Agency to
alleviate the existence and spread of physical and economic blight through the
assembly of land for a public golf course.
In 2015, subsequent to the approval of the Long Range Property Management Plan, the
Shandin Hills Golf Course was transferred from the Successor Agency to the City of
San Bernardino for government use. The golf course property was transferred to the
City at no cost and has provided much needed general fund revenue.
On April 6, 2020, the City of San Bernardino received a letter from CF Shandin Hills
ARCIS LLC, notifying the City of their intention to terminate their lease with the City 30
days from the date of the letter. This letter was received right on the heels of the
beginning of the COVID 19 pandemic. Shortly thereafter, the County of San Bernardino
30
Packet Pg. 937
7378
Page 2
ordered that a variety of facilities county-wide be closed including golf courses.
Since receiving the letter, City staff was in constant contact with the Andy Crossen, the
Executive Vice President of CF Shandin Hills ARCIS, LLC. Based on discussions
between Mr. Crossen and the City, ARCIS was willing to manage the golf course on a
short term basis while the City evaluates its options for the facility.
The termination of the golf course lease and the emergency caused by the spread of
COVID-19 pandemic, created an urgent need to ensure the City’s golf course property
is maintained and preserved. In accordance with Section 2.46.090.A.6.b., the City
Manager took immediate action and executed the Interim Golf Course Management
Agreement to ensure the preservation of the Shandin Hills Golf Course property and to
protect an important revenue stream to the City. The Interim Golf Course Management
Agreement has a term up to 12 month s and allows either party to terminate upon 60
days’ notice.
On June 3, 2020, the City Council ratified the Interim Golf Course Management
Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for
the operation of the Shandin Hills Golf Course for a period of 12 months.
Discussion
The execution of the Interim Golf Course Management Agreement (Agreement) in June
of 2020 afforded the City time to evaluate and determine the highest and best use of the
Shandin Hills Golf Course. Staff intended to evaluate the conditions of the entire facility
to identify the costs related to deferred maintenance. Understanding the conditions of
the property will allow the City to better negotiate with a future operator of the facility.
Due to other organizational priorities and the COVID-19 pandemic, the evaluation of the
golf course facility has not yet taken place. The City recently hired a Real Property
Manager who will evaluate the golf course facility and report back to the City Council.
To prevent a break in service and maintenance at the course, it is staff’s
recommendation that the City continue to use the current management company while
the above site evaluation takes place. Staff has been negotiating with the current
operator but has not come to final terms on a longer-term extension of the Agreement.
Since the current Agreement expires on June 30, 2021, staff is recommending that term
be extended for 60 days while staff and the Operator finalize the terms before it is
presented to the City Council for consideration.
2020-2025 Key Strategic Targets and Goals
The extension of an Interim Golf Course Management Agreement for the operation and
maintenance of the Shandin Hills Golf Course is consistent with Key Target No 1:
Financial Stability. Specifically, it will ensuring that the golf course continues to operate
while the City evaluates the highest and best use of the property today, and in the
future.
Fiscal Impact
The proposed short-term extension of the Interim Golf Course Management Agreement
30
Packet Pg. 938
7378
Page 3
will allow the golf course to continue to operate generating much needed general fund
revenue.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-161 authorizing the City Manager to execute the
First Amendment to the Interim Golf Course Management Agreement between the City
of San Bernardino and CF Shandin Hills ARCIS LLC extending the term by 60 days.
Attachments
Attachment 1 Resolution No. 2021-161
Attachment 2 Resolution No. 2021-161; Exhibit A - First Amendment, Interim Golf
Course Management Agreement
Attachment 3 Interim Golf Course Management Agreement
Ward: Ward 5
Synopsis of Previous Council Action:
June 3, 2020, the Mayor and City Council adopted Resolution No. 2020-123 ratifying
the Interim Golf Course Management Agreement between the City of San Bernardino
and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course.
30
Packet Pg. 939
Resolution No. 2021-XXX
RESOLUTION NO. 2021-161
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FIRST AMENDMENT TO THE
INTERIM GOLF COURSE MANAGEMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND CF
SHANDIN HILLS ARCIS LLC FOR A PERIOD OF SIXTY
DAYS
WHEREAS, on April 6, 2020, the City Manager received a Termination Letter from CF
Shandin Hills ARCIS LLC (ARCIS) informing the City that they would be terminating their
lease with the City to manage and maintain the Shandin Hills Golf Course in 30 days from the
date of the letter; and
WHEREAS, over the preceding six weeks, staff worked in earnest with ARCIS and
came to a mutual agreement on the Interim Golf Course Management Agreement. This was the
best available option to the City during these trying times; and
WHEREAS, the termination of the golf course lease and the emergency caused by the
spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course prope rty
is maintained and preserved; and
WHEREAS, on May 20, 2020 in accordance with Section 2.46.090.A.6.b., the City
Manager took immediate action to execute the Interim Golf Course Management Agreement to
ensure the preservation of the Shandin Hills Golf Course property and to protect an import ant
revenue stream to the City; and
WHEREAS, on June 3, 2020, the Mayor and City Council Adopted Resolution No.
2020-123 ratifying the Interim Golf Course Management Agreement between the City of San
Bernardino and CF Shandin Hills ARCIS LLC (ARCIS) to manage and operate the Shandin
Hills golf course for the City; and
WHEREAS, it is the City’s intention to extend the term of the Agreement for a period of
60 days to finalize the negotiations to extend the Agreement for a longer term.
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 Council authorizes the City Manager or designee, to execute the
First Amendment (Exhibit A) to the Interim Golf Course Management Agreement for a period of
60 days allowing both parties to negotiate the final terms of an agreement.
30.a
Packet Pg. 940 Attachment: Attachment 1 - Resolution No. 2021-161 - Shandin Hills Golf Course Amendment to Lease Agreement (7378 : First Amendment to
Resolution No. 2021-XXX
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 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 Acting City Clerk this 16th day of June, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
30.a
Packet Pg. 941 Attachment: Attachment 1 - Resolution No. 2021-161 - Shandin Hills Golf Course Amendment to Lease Agreement (7378 : First Amendment to
Resolution No. 2021-XXX
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-XXX, adopted at a regular meeting held on the 16th day of June 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of June 2021.
Genoveva Rocha, CMC, City Clerk
30.a
Packet Pg. 942 Attachment: Attachment 1 - Resolution No. 2021-161 - Shandin Hills Golf Course Amendment to Lease Agreement (7378 : First Amendment to
FIRST AMENDMENT TO INTERIM GOLF COURSE MANAGEMENT AGREEMENT
BY AND BETWEEN CITY OF SAN BERNARDINO AND
EVERGREEN ALLIANCE GOLF LIMITED L.P.
This First Amendment (“First Amendment”), dated this ____ day of June, 2021,
for reference purposes only, is entered into by and between the City of San Bernardino,
a charter city and municipal corporation (“City”) and Evergreen Alliance Golf Limited,
L.P. d/b/a Arcis Golf, a Delaware limited partnership (“Manager”). City and Manager are
sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Manager entered into an Interim Golf Course
Management Agreement dated May 7, 2020 (“Agreement”), for the purpose of providing
management services for the Shandin Hills Golf Course (“Golf Course”).
B. WHEREAS, the Parties now desire to amend the Agreement in order to
extend the term of the Agreement for an additional sixty (60) days.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this First Amendment and the
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Term. Section 2 “Acknowledgements, Obligations and Term” is hereby
revised to read, in part, as follows:
This Agreement shall begin on the Commencement Date and shall expire on
August 29, 2021 unless terminated in accordance with Section 9 (the “Term”).
3. Continuing Effect of Agreement. Except as amended by this First
Amendment, all provisions of the Agreement remain in full force and effect. From and
after the date of this First Amendment, whenever the term “Agreement” appears in the
Agreement, it shall mean the Agreement as amended by this First Amendment.
[SIGNATURES ON FOLLOWING PAGE]
30.b
Packet Pg. 943 Attachment: Attachment 2 - Shandin Hills Golf Course.First Amendment - Exbhibit A Interim Golf Course Management Agreement (7378 : First
SIGNATURE PAGE FOR
FIRST AMENDMENT TO INTERIM GOLF COURSE MANAGEMENT AGREEMENT
BY AND BETWEEN CITY OF SAN BERNARDINO AND
EVERGREEN ALLIANCE GOLF LIMITED L.P.
IN WITNESS WHEREOF, the Parties hereto have executed this First
Amendment as of the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rob Field
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
MANAGER
Evergreen Alliance Golf Limited, LP
Signature
Name
Title
30.b
Packet Pg. 944 Attachment: Attachment 2 - Shandin Hills Golf Course.First Amendment - Exbhibit A Interim Golf Course Management Agreement (7378 : First
INTERIM GOLF COURSE MANAGEMENT AGREEMENT
This Interim Golf Course Management Agreement (“Agreement”) is made as of May 20th,
2020, by and between the City of San Bernardino, a charter city and municipal corporation (“City”)
and Evergreen Alliance Golf Limited, L.P. d/b/a Arcis Golf, a Delaware limited partnership
(“Manager”), hereinafter sometimes collectively referred to as the “Parties” and individually as a
“Party”.
RECITALS
A. City owns that certain public golf course in the City of San Bernardino known as the
Shandin Hills Golf Course (“Golf Course”). A map of the layout of the Golf Course is attached
hereto as Exhibit “A”.
B. The Golf Course includes the following facilities and equipment: (i) a regulation
18-hole golf course and expansive golf practice area; (ii) a clubhouse; (iii) a golf shop; (iv) facilities
for indoor and outdoor events and catering; (v) A-V equipment for meetings and events; (vi) a
restaurant and kitchen; (vii) a large ceremony gazebo; (viii) irrigation facilities; and (ix) all
equipment necessary to maintain and operate the facilities. The Golf Course does not include the
personal property of Manager located at the property.
C. Manager is an experienced and qualified operator of public golf course facilities and
City desires to engage MANAGER in a short term fee based arrangement to manage and operate the
Golf Course while the City identifies a permanent manager for the facilities.
D. Effective as of May 7, 2020, Manager shall assume responsibility for the
management and operation of the Golf Course on behalf of the City on the terms and conditions more
particularly set forth below.
AGREEMENTS
Section 1. Definitions
Commencement Date. The term “Commencement Date” shall mean May 7, 2020.
Gross Receipts. The term “Gross Receipts” shall mean all receipts related to or derived from
the operation of the Golf Course, computed on an accrual basis, recognized during or after the first
month beginning on or after the Commencement Date and shall include, but shall not be limited to,
greens fees, tournament fees, driving range fees, golf cart fees, goods, food, drinks, wares, or
merchandise on, at or from the Golf Course, determined in accordance with generally accepted
accounting principles applied on a consistent basis. Gross receipts shall not include:
(a) Applicable gross receipts taxes, admission, excise, sales and use taxes, or similar
governmental charges collected directly from customers or as a part of the sales price
of any goods or services.
(b) Receipts from coin telephones or ATMs, except to the extent of commissions
received therefrom.
30.c
Packet Pg. 945 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
2
(c) Service charges, which are defined to mean percentage gratuities added to customer
billings as compensation to Manager’s employees.
(d) Income to golf professionals not affiliated with Manager from lessons.
(e) Proceeds of borrowings by Manager.
(f) Proceeds paid as a result of an insurable loss, unless paid for the loss or interruption
of business, provided such sums are used to remedy said losses.
Any of the above provisions resulting in a double exclusion from Gross Rec eipts shall be
allowed as an exclusion only once.
Initial Operating Budget. The term “Initial Operating Budget” shall mean the estimated
Operating Expenses identified in Exhibit B, attached hereto and incorporated herein by this
reference. In recognition of the unpredictable nature of Operating Expenses, the Manager may
submit to City a revised Initial Operating Budget, which the City Manager of City may approve.
Such approval shall not be unreasonably withheld.
Management Fee. The term “Management Fee” shall have the meaning set forth in Section
5.
Net Operating Income. The term “Net Operating Income” shall mean that amount, if any, by
which Gross Receipts exceed the Operating Expenses.
Operating Expenses. The term “Operating Expenses” shall mean those necessary or
reasonable operating expenses incurred or paid on behalf of City beginning on or after the
Commencement Date in connection with the normal course of conducting and operating the business
affairs of the Golf Course, computed on an accrual basis, including but not limited to, the following
items:
(a) Salaries, wages, employee benefits and payroll expenses, including payroll taxes,
existing employee benefit programs and insurance of all employees employed
exclusively on-site in the direct operation of the Golf Course, excluding, however,
service charges, if any, which are defined as percentage gratuities added to customer
billing and paid to employees.
(b) Marketing, advertising, and promotional expenses.
(c) Replacement of inventories for resale, maintenance parts and supplies, golf shop, and
the range.
(d) Replacement of broken, lost or damaged silver, chinaware, glassware, cooking
utensils, range balls, Golf Course accessories, and other similar items.
(e) Maintenance costs for service or repair of Golf Course maintenance equipment.
(f) Office supplies, postage, printing, routine office expenses, and
accounting/bookkeeping services incurred in the operation of the Golf Course.
30.c
Packet Pg. 946 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
3
(g) The Management Fee.
(h) Insurance premiums and property taxes, to the extent not provided for i n the reserve
established therefore.
(i) Auditing, accounting costs, computer fees and legal fees (excluding legal fees
incurred by Manager to prepare this Agreement or to interpret its rights or obligations
under this Agreement or to comply with applicable la ws) incurred in respect to the
operation of the Golf Course.
(j) Costs incurred for utilities, including, but not limited to, all electric, gas and water
costs, and any other private utility charges incurred in connection with the operation
of the Golf Course, except those utility costs which are billed directly to City.
(k) Ordinary maintenance and repairs and housekeeping related to the Golf Course.
(l) All rental and lease payments on any item of furniture, fixtures or equipment utilized
in the operation of the Golf Course.
Any of the above provisions resulting in a double deduction as an Operating Expenses shall
be allowed as a deduction only once. Operating Expenses shall not include any salaries, benefits,
expense reimbursement or other compensation of Manager’s management personnel or employees
who are off-site, nor administrative overhead or expenses of Manager, all of which be paid by
Manager.
Section 2. Acknowledgements, Obligations and Term.
Manager previously operated Shandin Hills Golf Club pursuant to a separate lea se with the
City, which is of no further force or effect. Upon City’s receipt of the Notice of Termination of the
lease from Manager, City contacted Manager, acknowledged the termination of the Lease, and
requested that Manager maintain the Golf Course from the Commencement Date through the Term
set out below, even though the Golf Course had previously been closed due to State Emergency
Orders, so that the Golf Course was kept in good shape and so the City could engage a third party to
operate the Golf Course after the Term of this Agreement.
City hereby retains Manager in the capacity of an independent contractor and not as an
employee or agent of City to supervise, manage, direct and operate the Golf Course on behalf of and
for the account of City during the term hereof, subject to the terms and conditions set forth herein.
Manager accepts its selection as Manager of the Golf Course, subject to the terms and conditions
hereof. Manager’s obligations hereunder include the operation and maintenance of the Golf Course
together with the restaurant and golf shop at the Golf Course. City designates Manager as the
exclusive Manager of the Golf Course with the responsibility, discretion and authority, subject to
City’s approval, advice and consent, to determine operating policies and procedures, standards of
operation, special rights or privileges, programs, standards of service and maintenance, pricing,
marketing and other policies affecting the Golf Course or the operation thereof.
Manager retains the right to set all greens fees, driving range fees, cart fees and other fees
associated with golf play, subject to the approval of City, which approval shall not be unreasonably
withheld. Manager shall have the authority without the prior approval of the City, to set tournament
30.c
Packet Pg. 947 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
4
fees or special event fees and charges, and to temporarily change otherwise applicable greens fees,
driving range fees and cart fees for periods not to exceed ninety days for marketing purposes or to
accommodate special weather conditions.
It is understood that it is the intent of the parties that Manager shall be responsive to the
public needs and requirements in establishing policies and procedures in the overall operation of the
Golf Course facility. Provided, further, it is understood that City shall have at all times the final
decision on the expenditure for any capital items the parties deem necessary for the successfu l
operation of the Golf Course.
This Agreement shall begin on the Commencement Date and shall expire on June 30, 2021
unless terminated in accordance with Section 9 (the “Term”).
Section 3. Responsibilities of Manager. The following are the specific responsibilities
and duties of the Manager:
(a) General Management and Control. Manager shall perform the general management
and control of the Golf Course operation vested in Manager by this Agreement. Manager shall
faithfully implement any applicable operational organization, policies and guidelines. Manager shall
endeavor to contain Operating Expenses in line with the Initial Operating Budget.
(b) Marketing. Manager shall faithfully implement a marketing plan for the Golf Course
facility, including conducting advertising, publicity and promotional activities for the Golf Course.
The costs for implementation of the marketing plan shall be deemed an expense of the Golf Course
operation.
(c) Recruitment and Training. Manager shall determine human resource requirements,
recruitment schedules and compensation levels; recruit, interview, hire, train, and terminate, if
necessary, all Golf Course personnel employed by Manager. Notwithstanding the foregoing, all
compensation and benefits offered by Manager will be consistent with the Initial Operating Budget
and all employees shall be employees of Manager.
(d) Financial Management. Manager shall maintain all books, records and other data
associated with the Golf Course. Manager shall be responsible for the day to day financial affairs of
the Golf Course as well as its daily operation and expenditures.
(e) Accounting Records and Reporting. Manager agrees, during the term of this
Agreement as an Operating Expense, to maintain efficient and accurate accounting records in
accordance with generally accepted accounting principles in a format consistent with other public
golf courses as follows:
(i) During the term of this Agreement, Manager shall submit to City on or before
the 20th day following the end of the previous month of operations, a financial statement showing in
detail all of the Gross Receipts and Operating Expenses of the Golf Course for the preceding month
and the operating year to date.
(f) Payment. Contemporaneous with the submission of the monthly report identified
above, Manager shall pay to City the Net Operating Income for the prior month. Said payment may
30.c
Packet Pg. 948 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
5
be made in any manner mutually agreeable t o the Parties, which methods shall include electronic
transfer and cashier’s check.
(g) Employees. Manager is responsible for hiring and firing all employees at the Golf
Course and for ensuring that such employees are adequately trained and supervised at all times. All
such employees shall be paid by Manager and such payment shall be charged as an Operating
Expense. In this connection, Manager shall develop staffing requirements for all areas of the Golf
Course and hire and train the staff required therefor as Manager deems necessary and advisable for
the successful and continued operation of the facility, consistent with the approved budget. Manager
shall be solely responsible for any claim or liability arising in connection with t he employees at the
Golf Course, including without limitation, any claim or liability that is the result of any failure of
Manager, its management staff and employees to comply with applicable federal, state , and local
laws
(h) Equipment. Manager may use any City-owned maintenance equipment located at the
Golf Course for the daily maintenance of the course, as is and at its own risk.
(i) Insurance. Manager shall keep in effect all current insurance at the property. :
(i) Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than
$1,000,000 per occurrence, with a general aggregate limit no less than $2,000,000. Such insurance
shall include coverage for, but not be limited to: (i) bodily injury and property damage; (ii) personal
injury and advertising injury; (iii) fire legal liability; and (iv) products and completed operations.
Such insurance policy or policy endorsement shall:
a. Include the City, its officials, officers, employees, agen ts, and
consultants as additional insureds with respect to the Golf Course and Manager’s services;
b. Not contain special limitations on the scope of coverage or the
protection afforded to City, its officials, officers, employees, agents and consultants as
additional insureds;
c. Be primary with respect to any insurance or self-insurance programs
covering City, its officials, officers, employees, agents and consultants;
d. Contain standard separation of insured provisions; and
e. Contain a waiver of subrogation that waives any right the insurer has
against City for any claims or suits.
(ii) Automobile Liability. Manager shall acquire and maintain during the term,
automobile liability with a combined single limit of one million dollars ($1,000,000 )
(iii) Workers' Compensation Insurance. Manager shall maintain workers’
compensation insurance with statutory limits and employers’ liability insurance with limits of not
less than $1,000,000 each accident.
(iv) Certificates of Insurance. Manager shall furnish City with properly executed
certificates of insurance and, if requested by City, certified copies of endorsements and policies,
30.c
Packet Pg. 949 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
6
which clearly evidence all insurance required under this Agreement and provide that such insurance
shall not be canceled, allowed to expire or be materially reduced in coverage, except on thirty (30)
days’ prior written notice to City. City shall have the sole discretion to determine whether the
certificates and endorsements presented comply with the provisions of this Agreement.
(v) Licensed Insurer. Manager shall place such insurance with insurers having
A.M. Best Company ratings of no less than A:VIII and licensed to do business in California.
(j) Employer/Employee Relations. Manager shall have the sole responsibility to
negotiate with any employee organization or employee groups lawfully entitled to represent the
employees Manager assigns to the Golf Course.
(k) Service Agreements. City and Manager shall join in any negotiation and
consummate such agreements as they deem necessary or advisable for the furnish ing of utilities,
services, concessions, and supplies for the maintenance and operation of the Golf Course. In no way,
through the adoption of this Agreement, does City consent to the assignment or assumption of any
service agreements related to the operation of the Golf Course by Manager in its prior capacity as
lessee of the Golf Course. Manager may continue to utilize any service agreements it entered into in
that capacity at its sole and absolute discretion.
(l) Repairs. Manager shall have the responsibility and authority to make, install, or
cause to be installed, as an Operating Expense, all necessary and proper repairs and replacements in
and to the Golf Course and appurtenant facilities in order to keep and maintain the same in good
repair, working order and condition, and outfitted and equipped for the proper operation thereof in
accordance with standards set forth herein; provided, however, Manager may not make any changes
to the floor plan or exterior structure of any of the building improvements on the property without the
prior approval of City, nor may Manager make any changes in the Golf Course layout and design
without prior written approval of the City. Notwithstanding the foregoing, Manager shall not exceed
the amounts budgeted for maintenance and repair in the Annual Operating Budget without the prior
written consent of the City Manager.
(m) Licenses and Permits. Manager shall apply for, obtain and maintain, in Manager’s
name, all licenses and permits required in connection with the management and operation of the Golf
Course. City shall cooperate with Manager in applying for, obtaining and maintaining such licenses
and permits.
(n) Legal Action. Any legal action that is recommended to be taken by Manager in
connection with the operation of the Golf Course shall be presented first to the City for review and
approval.
(o) Managerial Prerogatives. In fulfilling its managerial duties, Manager shall have all
the prerogatives ordinarily accorded to management in the ordinary course of commerce, the
incurring of trade debts, the approval and payment of checks, and the negotiating and signing of
purchase orders and service agreements with vendors, provided that no purchase order or service
agreement shall exceed sixty (60) days without City’s written approval. Notwithstanding anything to
the contrary herein, Manager shall have no right, without the prior written approval of City, in each
instance, to pledge the credit of City, to lease or otherwise grant, mortgage, pledge, assign, transfer or
convey any interest in any part of the Golf Course or any interests appurtenant thereto. In this
connection, Manager shall be responsible for advising all vendors and suppliers that Manager, in the
30.c
Packet Pg. 950 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
7
performance of its management duties for the Golf Course, is acting as such in the capacity of an
independent contractor and not as an employee or agent of City.
(p) Other Duties and Prerogatives. Notwithstanding anything to the contrary in this
Agreement, from and after Commencement Date of this Agreement, Manager shall have the duty,
obligation, responsibility and authority to perform any act that is necessary to operate and manage
the Golf Course in a manner consistent with other public Golf Course facilities in Riverside and San
Bernardino counties with similar fees, charges and facilities, and in the execution of such duty,
obligation, responsibility and authority, Manager shall be permitted, subject to the provisions
contained herein, (i) to determine operating policies and procedures, standards of operation,
standards of service and maintenance, pricing (subject to the requirement that pricing of services
shall be reasonably consistent with market rates for comparable public Golf Course facilities in
Riverside and San Bernardino counties, comparable services at such facilities), hours of operation
and other policies affecting the Golf Course or the operation thereof, (ii) to implement all such
policies and procedures, and (iii) to perform any other act necessary or desirable for the operation
and maintenance of the Golf Course which are consistent with good Golf Course management
practices and are reasonably designed to provide for the well-being of the Golf Course and Manager.
(q) Emergency Expenditures. In the event that an emergency condition exists at the Golf
Course that threatens the health or safety of the public or employees, Manager has the authority to
close the Golf Course to the public and immediately notify any applicable authorities, including the
City. Manager shall be authorized to make emergency expenditures up to $2,500.00 to repair and
correct any such condition, whether or not such provisions have been made in the applicable budgets
therefor for any such emergency expenditures. Manager shall notify City immediately and in no
event later than within twenty-four (24) hours of the existence of any such event after Manager’s
discovery of same.
(r) Expenditures Required for Compliance with Law. In the event that repairs, additions,
changes or corrections in the Golf Course of any nature shall be required by reason of any laws,
ordinance, rules or regulations now or hereafter in force or by order of any governmental power,
department, agency, authority or officer, such repairs, additions, changes or corrections shall be made
at the direction of Manager, after approval by City and shall be paid for as an Operating Expense.
Any such repairs, additions, changes or corrections shall be accomplished with as little hindrance to
the operation of the Golf Course as possible.
(s) Working Capital. Manager acknowledges that City expects Manager to manage the
cash flow and operation of the Golf Course within the confines of the Initial Operating Budget and
Manager warrants that it has sufficient working capital to perform its obligations under this
Agreement.
Section 4. Compliance with Applicable Laws. Manager shall be solely responsible for
the operation of the Golf Course in compliance with all applicable federal and state laws.
Section 5. Management Fee. From the Commencement Date of this agreement and
continuing throughout the balance of the term, Manager shall be paid a fee for the management of the
operations of the Golf Course of ten thousand dollars ($10,000.00) per calendar month, which
Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of
Net Operating Income to City under Section 3. Because the Commencement Date occurs on a date
other than the first of the month, the Management Fee shall be pro -rated on a daily basis on a ratio of
30.c
Packet Pg. 951 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
8
remaining days in the month as the same bears to the total days in the mo nth (i.e., May 2020
Management Fee shall be $8,064.52 based on the Commencement Date).
Section 6. Manager’s Covenants and Representations. Manager makes the following
representations to City, which representations shall, unless otherwise stated herein, survive the
execution and delivery of this Agreement:
(a) Corporate Status. Manager is a Delaware limited partnership duly organized, validly
existing and in good standing and able to do business under the laws of the State of California, with
full corporate power to enter into this Agreement and execute all documents required hereunder.
(b) Authorization. The making, execution, delivery and performance of this Agreement
by Manager has been duly authorized and approved by all requisite actions of the company, and this
Agreement has been duly executed and delivered by Manager and constitutes a valid and binding
obligation of Manager, enforceable in accordance with its terms.
(c) Violation of Representations. From and after the date hereof and until the
termination of this Agreement, Manager shall not take any action or omit to take any action which
would have the effect of violating any of the representations of Manager contained in this
Agreement.
(d) Violation of Agreement. Neither the execution and delivery of this Agreement by
Manager nor Manager’s performance of its obligations hereunder will result in a violation or breach
of any term of provision or constitute a default or accelerate the performance required under any
other agreement or document to which Manager is a party or is otherwise bound or to which the
facility or any part thereof is subject and will not constitute a violation of any law, ruling, regulation
or order to which Manager is subject.
Section 7. Indemnification.
(a) Indemnification by City. City shall pay, defend and save Manager harmless from and
against all liability of any nature whatever, regardless of the nature in which such liability may arise,
for any and all claims, actions, demands, expenses, damages, losses, liabilities, suits and/or
judgements arising from: (i) the breach of any covenant or obligation of City pursuant to this
Agreement; or (ii) the negligent acts, omissions, or willful misconduct of City, its agents, contractors,
employees or officers with respect to the Golf Course either before or after the Commencement Date.
(b) Indemnification by Manager. Manager shall pay, defend and save City harmless
from and against all liability of any nature whatever, regardless of the nature in which such liability
may arise, for any and all claims, actions, demands, exp enses, damages, losses, liabilities, suits
and/or judgments arising from: (i) the breach of any covenant or obligations of Manager pursuant to
this Agreement, including any claim arising pursuant to its management of its employees; (ii) the
negligent act, omissions or willful misconduct of Manager or its agents, contractors, employees or
officers with respect to the Golf Course either before or after the Commencement Date .
30.c
Packet Pg. 952 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
9
Section 8. Assignment. Neither Party shall assign its rights or obligations under this
Agreement, whether voluntarily or by operation of law, without the prior written consent of the other
Party.
Section 9. Termination. The term of this Agreement shall terminate on the occurrence
of any of the events set forth below:
(a) For Convenience. Either Party may terminate this Agreement at any time, without
cause, upon sixty (60) days prior written notice to the other Party. Upon any such termination, the
Management Fee for the final month shall be prorated.
(b) Default by Manager. A default by Manager which is not cured within thirty (30)
days after written notice has been given to Manager specifying the default and advising Manager that
its Agreement will be terminated for cause in the event said default is not cured within said time
limit.
(c) Default by City. A default by City which is not cured within thirty (30) days after
written notice has been given to City by Manager specifying the default and advising City that this
Agreement will be terminated for cause in the event said default is not cured within said time limit.
Section 10. Entire Agreement. This Agreement embodies the entire agreement and
understanding of City and Manager relating to the subject matter hereof and supersedes all prior
representations, agreements and understandings, oral or written, relating to such subject m atter.
Neither this Agreement nor any prevision hereof may be amended, enlarged, modified, waived,
discharged or terminated orally, but only as expressly provided herein or by an instrument signed by
City and Manager.
Section 11. Miscellaneous.
(a) Notices. Any notices or other communications required or permitted hereunder shall
be sufficiently given if in writing and (i) delivered personally, or (ii) sent by via commercial
overnight courier, addressed as shown below, or to such other addresses as the party concerned ma y
substitute by written notice to the other. All notices shall be deemed received on the date of delivery.
If to the City: City of San Bernardino
Attn: City Manager
290 North D Street
San Bernardino, CA 92401
If to Manager: Evergreen Alliance Golf Limited, LP
Attn: Legal Department
4851 LBJ Freeway Suite 600
Dallas, TX 77244
The addresses and addressees may be changed by giving notice of such change in a manner
provided herein for giving notice. Unless arid until such written notice is received, the last address
and addressee given shall be deemed to continue in effect for all purposes.
30.c
Packet Pg. 953 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
10
(b) Survival. All covenants, agreements, representations and warranties made herein
shall survive the execution and delivery of (i) this Agreement, and (ii) all oth er documents and
instruments to be executed and delivered In accordance herewith and shall continue in full force and
effect.
(c) Approvals Reasonable. Any consent or approval referred to herein (by whatever
words used) of either party shall not be unreasonably withheld or delayed, and neither party shall
seek or obtain any payment in connection therewith as a condition therefor. In the event that either
party refuses to give its consent or approval to any request by the other, such refusing party shall
indicate by written notice to the other the reason for such refusal.
(d) Construction and Interpretation of Agreement. This Agreement shall he governed by
and construed under the laws of the State of California. Should any provision of this Agreement
require judicial interpretation, it is agreed that the court interpreting or considering same shall not
apply the presumption that the terms hereof shall be more strictly construed against a party by reason
of the rule or conclusion that a document should be construed more strictly against the party who
itself or through its agent prepared the same, it being agreed that all parties hereto have participated
in the preparation of this Agreement and that legal counsel was consulted by each responsible party
before the execution of the Agreement.
(e) Amendment and Waiver. The Agreement may not be amended or modified in any
way except by an instrument in writing executed by all parties hereto; provided however, either City
or Manager may, in writing, (i) extend the time for performance of any of the obligations of the
other, (ii) waive any inaccuracies and representations by the other contained in this Agreement, (iii)
waive compliance by the other with any of the covenants contained in this Agreement, and (iv) waive
the satisfaction of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement.
(f) Severability. Except as expressly provided to the contrary herein, each Section, part,
term or provision of this Agreement shall be considered severable, and if for any reason any Section,
part, term or provision herein is determined to be invalid and contrary to or in conflict with any
existing or future law or regulation by a court or agency having valid jurisdiction, such d etermination
shall not impair the operation of or have any other effect on other sections, parts, terms or provisions
of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full
force and effect and bind the parties hereto, and said invalid sections, parts, terms or provisions shall
be deemed not to be a part of this Agreement.
(g) Binding Agreement. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, le gal representatives and assigns, where
permitted.
(h) Legal Fees. The prevailing party in any action or arbitration brought to enforce the
terms of this Agreement shall be entitled to an award of its reasonable legal fees and costs.
(i) Governing Document. This Agreement shall govern in the event of any
inconsistency between this Agreement and any of the exhibits attached hereto.
[signature page follows]
30.c
Packet Pg. 954 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
30.c
Packet Pg. 955 Attachment: Attachment 3 - Final Interim Mgt Agreement (7378 : First Amendment to the Interim Golf Course Management Agreement for the
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Escheatment of Unclaimed Funds in Accordance with
Escheatment of Unclaimed Money Policy (All Wards)
Recommendation
Adopt Resolution 2021-155 of the Mayor and City Council of the City of San Bernardino,
California, authorizing the transfer of unclaimed evidence funds to the General Fund.
Background
Each year the City routinely issues checks for vendor payments and various types of
refunds. The City accumulates outstanding checks that remain unclaimed, although
attempts are made to contact payees in order to reissue ch ecks. Additionally, monies
accumulate in the Police Department Evidence fund resulting from various Police
Department activities and have remained unclaimed and can become the City’s
Property.
On January 20, 2021, an Escheatment of Unclaimed Money Policy was adopted and
approved by the Mayor and City Council, establishing a uniform cost -effective method
for the treatment of abandoned or unclaimed money in the City’s possession. Per the
City’s policy, money that is not the property of the City, excluding r estitution to victims,
that remains unclaimed for a period of more than three (3) years shall become the
property of the City forty-five (45) days after publication of a notice. Additionally, the
City’s Escheatment Policy requires a resolution from the Mayor and City Council in
order to transfer any such money that is held in a special fund to the General Fund.
Discussion
The Police Evidence fund has $378,611.94 in unclaimed monies pertaining to Police
Evidence and Found Property/Safekeeping cases. These f unds accumulate as a result
of various Police Department operational activities including processing of evidence and
found property. These monies also meet the criteria under California Government Code
Section 50050, and can be escheated in accordance with the City's Policy.
After serving notice to the public for two -consecutive weeks in a newspaper of general
circulation as outlined in the policy, the total amount of unclaimed funds was
$378,611.94.
31
Packet Pg. 956
7379
Page 2
2020-2025 Key Strategic Targets and Goals
The City’s Escheatment Policy aligns with Key Target No. 1: Financial Stability by
enabling the Finance Department and the City Manager to maintain a system of
financial controls for the efficient collection and financial reporting of public funds.
Fiscal Impact
The recapture by the City of all eligible unclaimed funds is $378,611.94 to be
transferred from the Evidence Fund to the General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, CA
adopt Resolution No. 2021-155, authorizing the transfer of unclaimed evidence funds to
the General Fund.
Attachments
Attachment 1 Resolution No. 2021-155
Attachment 2 Resolution No. 2021-155; Exhibit A
Attachment 3 Escheatment Policy for Unclaimed Money
Ward: All
Synopsis of Previous Council Actions:
January 20, 2021 Mayor and City Council adopted Resolution No. 2021-07, adopting
an Escheatment Policy for Unclaimed Money.
31
Packet Pg. 957
RESOLUTION NO. 2021-155
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE TRANSFER OF UNCLAIMED
EVIDENCE FUNDS TO THE GENERAL FUND
WHEREAS, the City of San Bernardino adopted Resolution No 2021-07 on January 20,
2021, approving the policy for the escheatment of unclaimed money consistent with the
provisions of state law, including California Government Code Sections 50050 through 50056;
and
WHEREAS, the City has followed the policy in providing notice to those persons of
such unclaimed property with the most recent noticing period expiring on April 14, 2021; and
WHEREAS, the ability to escheat unclaimed money is an act that is taken solely for the
common benefit of the City and its citizenry.
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 directed to transfer the unclaimed property (as
listed in Exhibit A) from the City’s Evidence Fund to the City’s General Fund in the amount of
$378,611.94.
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 __________ 2021.
John Valdivia, Mayor
31.a
Packet Pg. 958 Attachment: Attachment 1 - Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed
Resolution No. 2021-155
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
31.a
Packet Pg. 959 Attachment: Attachment 1 - Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed
Resolution No. 2021-155
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
31.a
Packet Pg. 960 Attachment: Attachment 1 - Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 11-1936 EVIDENCE 03/26/11 87.00$
772-2326-212 11-66 EVIDENCE 01/04/11 730.00$
772-2326-212 08-1977 EVIDENCE 01/17/08 40.00$
772-2326-212 08-1977 EVIDENCE 01/17/08 180.00$
772-2326-212 11-1996 EVIDENCE 03/29/11 360.00$
772-2326-212 11-2019 EVIDENCE 01/30/11 270.00$
772-2326-212 11-2175 EVIDENCE 04/05/11 747.00$
772-2326-212 11-2329 EVIDENCE 04/13/11 60.00$
772-2326-212 11-2359 EVIDENCE 04/15/11 430.00$
772-2326-212 12-2536 EVIDENCE 01/06/12 149.50$
772-2326-212 11-2574 EVIDENCE 11/03/11 990.00$
772-2326-212 10-2637 EVIDENCE 01/25/10 30.00$
772-2326-212 03-3008 EVIDENCE 04/22/03 214.00$
772-2326-212 11-3082 EVIDENCE 02/03/11 899.00$
772-2326-212 11-3220 EVIDENCE 04/13/11 561.00$
772-2326-212 11-3410 EVIDENCE 02/02/11 40.00$
772-2326-212 11-3412 EVIDENCE 02/02/11 30.00$
772-2326-212 09-3651 EVIDENCE 01/29/09 55.00$
772-2326-212 11-3651 EVIDENCE 02/16/11 195.00$
772-2326-212 11-4067 EVIDENCE 05/06/11 45.00$
772-2326-212 11-4068 EVIDENCE 05/06/11 126.00$
772-2326-212 10-4100 EVIDENCE 03/23/10 111.00$
772-2326-212 08-4247 EVIDENCE 02/11/08 707.00$
772-2326-212 09-4457 EVIDENCE 06/12/09 783.00$
772-2326-212 07-4527 EVIDENCE 02/05/07 58.00$
772-2326-212 10-4575 EVIDENCE 02/10/10 2,670.00$
772-2326-212 06-4633 EVIDENCE 02/02/06 500.00$
772-2326-212 09-4658 EVIDENCE 02/06/09 115.00$
772-2326-212 08-4769 EVIDENCE 02/08/08 30.09$
772-2326-212 09-4842 EVIDENCE 02/08/09 213.00$
772-2326-212 11-4887 EVIDENCE 02/18/11 65.00$
772-2326-212 08-5164 EVIDENCE 07/31/08 220.00$
772-2326-212 11-5235 EVIDENCE 02/22/11 17.00$
772-2326-212 11-5442 EVIDENCE 06/09/11 22.00$
772-2326-212 11-5443 EVIDENCE 06/09/11 50.00$
772-2326-212 08-5755 EVIDENCE 07/16/08 251.00$
772-2326-212 11-5860 EVIDENCE 03/01/11 40.00$
772-2326-212 11-5862 EVIDENCE 03/01/11 20.00$
772-2326-212 11-5865 EVIDENCE 03/01/11 100.00$
772-2326-212 11-5877 EVIDENCE 03/01/11 30.00$
772-2326-212 11-5889 EVIDENCE 03/01/11 40.00$
772-2326-212 11-5895 EVIDENCE 03/01/11 40.00$
772-2326-212 11-5908 EVIDENCE 03/04/11 76.00$
772-2326-212 07-6024 EVIDENCE 08/05/07 20.00$
Page 1
31.b
Packet Pg. 961 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 11-6042 EVIDENCE 09/14/11 313.00$
772-2326-212 10-6230 EVIDENCE 02/25/10 31.00$
772-2326-212 10-6291 EVIDENCE 03/23/10 284.00$
772-2326-212 11-6657 EVIDENCE 04/12/11 479.00$
772-2326-212 11-6712 EVIDENCE 03/09/11 2,200.00$
772-2326-212 07-6796 EVIDENCE 08/24/07 73.00$
772-2326-212 01-6811 EVIDENCE 02/16/01 33.00$
772-2326-212 11-6875 EVIDENCE 07/23/11 40.00$
772-2326-212 10-6986 EVIDENCE 03/18/10 250.00$
772-2326-212 07-6991 EVIDENCE 09/01/07 20.00$
772-2326-212 10-7124 EVIDENCE 07/25/10 96.00$
772-2326-212 10-7125 EVIDENCE 03/05/10 27.75$
772-2326-212 11-7358 EVIDENCE 03/24/11 260.00$
772-2326-212 10-7470 EVIDENCE 08/07/10 105.00$
772-2326-212 11-7565 EVIDENCE 03/17/11 60.00$
772-2326-212 12-7774 EVIDENCE 11/08/12 1,787.00$
772-2326-212 12-8018 EVIDENCE 01/17/12 660.00$
772-2326-212 11-8065 EVIDENCE 03/24/11 103.00$
772-2326-212 11-8268 EVIDENCE 04/05/11 247.00$
772-2326-212 11-8631 EVIDENCE 03/31/11 455.00$
772-2326-212 10-8633 EVIDENCE 09/20/10 63.00$
772-2326-212 08-8643 EVIDENCE 03/10/08 40.00$
772-2326-212 11-8715 EVIDENCE 04/13/11 286.00$
772-2326-212 09-8717 EVIDENCE 03/15/09 25.50$
772-2326-212 11-8723 EVIDENCE 04/13/11 36.00$
772-2326-212 11-8723 EVIDENCE 04/13/11 89.00$
772-2326-212 11-8969 EVIDENCE 04/13/11 781.00$
772-2326-212 07-8974 EVIDENCE 11/19/07 30.00$
772-2326-212 12-9103 EVIDENCE 01/20/12 467.00$
772-2326-212 10-9105 EVIDENCE 10/22/10 610.00$
772-2326-212 11-9351 EVIDENCE 12/16/11 206.00$
772-2326-212 09-9370 EVIDENCE 11/12/09 131.00$
772-2326-212 12-9377 EVIDENCE 01/20/12 85.00$
772-2326-212 07-9446 EVIDENCE 11/30/07 714.00$
772-2326-212 09-9464 EVIDENCE 11/17/09 32.00$
772-2326-212 09-9513 EVIDENCE 11/18/09 1,039.00$
772-2326-212 10-9672 EVIDENCE 11/18/10 10,500.00$
772-2326-212 10-9761 EVIDENCE 11/20/10 148.00$
772-2326-212 08-9804 EVIDENCE 03/18/08 293.00$
772-2326-212 10-9887 EVIDENCE 11/28/10 70.00$
772-2326-212 0.-57159 EVIDENCE 05/13/13 113.21$
772-2326-212 013-719 EVIDENCE 01/03/13 76.00$
772-2326-212 01-45996 EVIDENCE 10/29/01 55.00$
772-2326-212 01-53008 EVIDENCE 12/13/01 54.00$
Page 2
31.b
Packet Pg. 962 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 02-35124 EVIDENCE 08/20/02 20.00$
772-2326-212 02-35124 EVIDENCE 08/20/02 1,150.00$
772-2326-212 02-39260 EVIDENCE 07/14/02 38.00$
772-2326-212 02-48147 EVIDENCE 11/21/02 365.00$
772-2326-212 03-40724 EVIDENCE 09/17/03 544.70$
772-2326-212 04-10258 EVIDENCE 03/07/04 59.00$
772-2326-212 04-32211 EVIDENCE 08/22/04 139.00$
772-2326-212 04-47593 EVIDENCE 12/07/04 15.00$
772-2326-212 04-50901 EVIDENCE 12/29/04 101.00$
772-2326-212 05-30262 EVIDENCE 07/26/05 1,005.00$
772-2326-212 05-39617 EVIDENCE 09/01/05 20.00$
772-2326-212 05-53983 EVIDENCE 12/04/05 43.75$
772-2326-212 05-56502 EVIDENCE 12/19/05 978.47$
772-2326-212 05-57794 EVIDENCE 03/06/06 120.00$
772-2326-212 05-59383 EVIDENCE 12/04/05 205.00$
772-2326-212 06-12177 EVIDENCE 03/27/06 113.00$
772-2326-212 06-12177 EVIDENCE 03/27/06 158.00$
772-2326-212 06-12299 EVIDENCE 03/28/06 540.00$
772-2326-212 06-1586 EVIDENCE 02/21/06 40.00$
772-2326-212 06-1654 EVIDENCE 02/23/06 20.00$
772-2326-212 06-22677 EVIDENCE 06/09/06 17.00$
772-2326-212 06-22677 EVIDENCE 06/09/06 155.63$
772-2326-212 06-23804 EVIDENCE 06/15/06 121.00$
772-2326-212 06-25069 EVIDENCE 06/24/06 141.00$
772-2326-212 06-25085 EVIDENCE 06/24/09 242.00$
772-2326-212 06-29760 EVIDENCE 07/27/06 52.00$
772-2326-212 06-41623 EVIDENCE 10/18/06 182.00$
772-2326-212 06-41788 EVIDENCE 10/18/06 103.00$
772-2326-212 06-41862 EVIDENCE 12/12/06 80.00$
772-2326-212 06-41862 EVIDENCE 12/12/06 340.00$
772-2326-212 06-46786 EVIDENCE 11/22/06 128.00$
772-2326-212 07-13620 EVIDENCE 04/12/07 1,124.00$
772-2326-212 07-16864 EVIDENCE 05/06/07 67.00$
772-2326-212 07-19280 EVIDENCE 05/24/07 27.00$
772-2326-212 07-254 EVIDENCE 01/03/07 155.00$
772-2326-212 07-31483 EVIDENCE 08/21/07 174.93$
772-2326-212 07-34398 EVIDENCE 09/11/07 695.30$
772-2326-212 07-35329 EVIDENCE 09/18/07 204.00$
772-2326-212 07-37817 EVIDENCE 10/05/07 185.00$
772-2326-212 07-40661 EVIDENCE 10/30/07 20.00$
772-2326-212 07-44950 EVIDENCE 11/17/07 50.00$
772-2326-212 07-45425 EVIDENCE 12/06/07 400.00$
772-2326-212 07-47169 EVIDENCE 12/19/07 585.00$
772-2326-212 08-16714 EVIDENCE 05/14/08 44.00$
Page 3
31.b
Packet Pg. 963 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 08-1700 EVIDENCE 02/28/08 320.00$
772-2326-212 08-20080 EVIDENCE 06/09/08 59.00$
772-2326-212 08-20080 EVIDENCE 06/09/08 247.00$
772-2326-212 08-20085 EVIDENCE 06/25/09 94.00$
772-2326-212 08-30710 EVIDENCE 08/31/08 95.00$
772-2326-212 08-30993 EVIDENCE 09/03/08 575.00$
772-2326-212 08-30993 EVIDENCE 09/03/08 632.00$
772-2326-212 08-34050 EVIDENCE 09/27/08 1,196.01$
772-2326-212 08-37924 EVIDENCE 10/31/08 100.00$
772-2326-212 08-38904 EVIDENCE 11/07/08 150.00$
772-2326-212 08-40392 EVIDENCE 12/12/08 86.00$
772-2326-212 08-40392 EVIDENCE 12/12/08 4,360.00$
772-2326-212 09-1037 EVIDENCE 07/26/10 380.00$
772-2326-212 09-11108 EVIDENCE 04/08/09 301.00$
772-2326-212 09-1177 EVIDENCE 02/06/09 167.76$
772-2326-212 09-1669 EVIDENCE 01/13/09 140.00$
772-2326-212 09-1801 EVIDENCE 01/14/09 16.00$
772-2326-212 09-21188 EVIDENCE 06/28/09 45.00$
772-2326-212 09-21188 EVIDENCE 06/28/09 788.00$
772-2326-212 09-24847 EVIDENCE 08/18/09 1,977.00$
772-2326-212 09-27327 EVIDENCE 08/22/09 437.00$
772-2326-212 09-27336 EVIDENCE 08/24/09 67.00$
772-2326-212 09-29944 EVIDENCE 09/16/09 2,534.00$
772-2326-212 09-33425 EVIDENCE 10/17/09 121.00$
772-2326-212 09-37627 EVIDENCE 10/19/10 868.00$
772-2326-212 10-10304 EVIDENCE 12/16/10 250.00$
772-2326-212 10-10317 EVIDENCE 12/17/10 310.00$
772-2326-212 10-10318 EVIDENCE 12/17/10 380.00$
772-2326-212 10-10319 EVIDENCE 12/17/10 650.00$
772-2326-212 10-10320 EVIDENCE 12/17/10 576.00$
772-2326-212 10-1036 EVIDENCE 05/26/10 70.00$
772-2326-212 10-10426 EVIDENCE 12/22/10 425.00$
772-2326-212 10-10710 EVIDENCE 12/17/10 439.00$
772-2326-212 10-12100 EVIDENCE 04/20/10 44.55$
772-2326-212 10-18730 EVIDENCE 06/19/10 122.03$
772-2326-212 10-20173 EVIDENCE 07/14/10 54.00$
772-2326-212 10-34266 EVIDENCE 11/10/10 170.00$
772-2326-212 10-34640 EVIDENCE 04/20/10 9,483.36$
772-2326-212 10-36361 EVIDENCE 12/02/10 52.00$
772-2326-212 10-907 EVIDENCE 04/23/10 299.00$
772-2326-212 10-968 EVIDENCE 05/20/10 174.00$
772-2326-212 11-1020 EVIDENCE 02/15/11 23.61$
772-2326-212 11-1103 EVIDENCE 02/18/11 40.00$
772-2326-212 11-11031 EVIDENCE 04/21/11 1,200.00$
Page 4
31.b
Packet Pg. 964 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 11-1124 EVIDENCE 02/19/11 44.00$
772-2326-212 11-11881 EVIDENCE 04/29/11 88.00$
772-2326-212 11-119 EVIDENCE 01/06/11 155.00$
772-2326-212 11-1337 EVIDENCE 03/02/11 77.00$
772-2326-212 11-13430 EVIDENCE 05/15/11 167.00$
772-2326-212 11-13556 EVIDENCE 05/17/11 20.00$
772-2326-212 11-1386 EVIDENCE 03/04/11 20.00$
772-2326-212 11-14058 EVIDENCE 05/21/11 810.00$
772-2326-212 11-1408 EVIDENCE 03/04/11 120.00$
772-2326-212 11-1410 EVIDENCE 03/04/11 137.00$
772-2326-212 11-14293 EVIDENCE 05/24/11 391.00$
772-2326-212 11-1502 EVIDENCE 03/07/11 397.00$
772-2326-212 11-1508 EVIDENCE 03/08/11 592.00$
772-2326-212 11-15697 EVIDENCE 06/07/11 360.00$
772-2326-212 11-15707 EVIDENCE 06/06/11 51.00$
772-2326-212 11-15778 EVIDENCE 06/17/11 160.00$
772-2326-212 11-1580 EVIDENCE 03/10/11 857.00$
772-2326-212 11-1603 EVIDENCE 03/11/11 30.00$
772-2326-212 11-16056 EVIDENCE 06/10/11 401.00$
772-2326-212 11-16056 EVIDENCE 06/10/11 652.00$
772-2326-212 11-16570 EVIDENCE 06/29/11 2,562.00$
772-2326-212 11-16659 EVIDENCE 06/29/11 391.00$
772-2326-212 11-1667 EVIDENCE 03/15/11 293.00$
772-2326-212 11-1690 EVIDENCE 03/15/11 130.48$
772-2326-212 11-17013 EVIDENCE 06/20/11 46.00$
772-2326-212 11-17145 EVIDENCE 06/21/11 51.50$
772-2326-212 11-18456 EVIDENCE 07/03/11 240.00$
772-2326-212 11-185 EVIDENCE 01/09/11 75.00$
772-2326-212 11-18854 EVIDENCE 07/06/11 95.00$
772-2326-212 11-19162 EVIDENCE 07/10/11 59.00$
772-2326-212 11-19848 EVIDENCE 07/16/11 94.59$
772-2326-212 11-20702 EVIDENCE 07/25/11 600.00$
772-2326-212 11-20779 EVIDENCE 07/25/11 313.00$
772-2326-212 11-20902 EVIDENCE 07/26/11 16.00$
772-2326-212 11-21222 EVIDENCE 08/10/11 734.00$
772-2326-212 11-21347 EVIDENCE 07/30/11 549.00$
772-2326-212 11-21369 EVIDENCE 07/30/11 347.00$
772-2326-212 11-21378 EVIDENCE 07/31/11 252.00$
772-2326-212 11-21389 EVIDENCE 07/31/11 795.00$
772-2326-212 11-22363 EVIDENCE 08/09/11 287.00$
772-2326-212 11-22680 EVIDENCE 08/19/11 781.00$
772-2326-212 11-24434 EVIDENCE 09/13/11 16.76$
772-2326-212 11-26512 EVIDENCE 09/18/11 2,634.00$
772-2326-212 11-27085 EVIDENCE 09/26/11 358.00$
Page 5
31.b
Packet Pg. 965 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 11-27094 EVIDENCE 09/23/11 57.00$
772-2326-212 11-27176 EVIDENCE 09/24/11 330.00$
772-2326-212 11-27323 EVIDENCE 06/25/11 106.00$
772-2326-212 11-28979 EVIDENCE 10/12/11 365.00$
772-2326-212 11-29591 EVIDENCE 11/16/11 898.00$
772-2326-212 11-30242 EVIDENCE 10/24/11 380.00$
772-2326-212 11-30262 EVIDENCE 10/25/11 137.00$
772-2326-212 11-30639 EVIDENCE 10/28/11 525.00$
772-2326-212 11-31168 EVIDENCE 11/15/11 668.00$
772-2326-212 11-31645 EVIDENCE 11/08/11 157.27$
772-2326-212 11-31751 EVIDENCE 11/09/11 705.00$
772-2326-212 11-32161 EVIDENCE 11/13/11 126.00$
772-2326-212 11-32409 EVIDENCE 11/16/11 1,780.00$
772-2326-212 11-32704 EVIDENCE 11/19/11 155.00$
772-2326-212 11-33587 EVIDENCE 11/29/11 139.00$
772-2326-212 11-33933 EVIDENCE 12/02/11 25.46$
772-2326-212 11-33933 EVIDENCE 12/02/11 481.26$
772-2326-212 11-34568 EVIDENCE 12/09/11 620.00$
772-2326-212 11-34883 EVIDENCE 12/12/11 51.00$
772-2326-212 11-350 EVIDENCE 01/16/11 43.00$
772-2326-212 11-391 EVIDENCE 02/10/11 28.00$
772-2326-212 11-403 EVIDENCE 01/05/11 50.05$
772-2326-212 11-452 EVIDENCE 01/20/10 673.00$
772-2326-212 11-549 EVIDENCE 01/25/11 83.00$
772-2326-212 11-573 EVIDENCE 01/06/10 95.00$
772-2326-212 11-648 EVIDENCE 01/29/11 19.00$
772-2326-212 11-866 EVIDENCE 02/09/11 31.00$
772-2326-212 12-100658 EVIDENCE 08/11/12 52.00$
772-2326-212 12-103031 EVIDENCE 08/11/12 65.00$
772-2326-212 12-103307 EVIDENCE 08/13/12 17.00$
772-2326-212 12-110067 EVIDENCE 08/30/12 325.00$
772-2326-212 12-111042 EVIDENCE 08/30/12 186.00$
772-2326-212 12-113268 EVIDENCE 09/05/12 30.00$
772-2326-212 12-11784 EVIDENCE 01/25/12 658.00$
772-2326-212 12-119387 EVIDENCE 10/05/12 173.00$
772-2326-212 12-12097 EVIDENCE 08/09/12 417.00$
772-2326-212 12-125927 EVIDENCE 10/07/12 124.00$
772-2326-212 12-129162 EVIDENCE 10/17/12 560.00$
772-2326-212 12-129162 EVIDENCE 10/17/12 680.00$
772-2326-212 12-129568 EVIDENCE 10/31/12 220.00$
772-2326-212 12-130367 EVIDENCE 10/18/12 384.78$
772-2326-212 12-134109 EVIDENCE 10/27/12 80.00$
772-2326-212 12-135082 EVIDENCE 10/29/12 15.00$
772-2326-212 12-135082 EVIDENCE 10/29/12 16.00$
Page 6
31.b
Packet Pg. 966 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 12-136636 EVIDENCE 11/02/12 436.00$
772-2326-212 12-140616 EVIDENCE 11/13/12 2,300.00$
772-2326-212 12-14359 EVIDENCE 11/21/12 426.00$
772-2326-212 12-14387 EVIDENCE 08/16/12 29.00$
772-2326-212 12-145804 EVIDENCE 11/27/12 321.00$
772-2326-212 12-150085 EVIDENCE 12/09/12 15.00$
772-2326-212 12-150085 EVIDENCE 12/09/12 675.00$
772-2326-212 12-150573 EVIDENCE 12/11/12 15.81$
772-2326-212 12-15067 EVIDENCE 12/11/12 30.00$
772-2326-212 12-15213 EVIDENCE 02/01/12 85.00$
772-2326-212 12-156099 EVIDENCE 01/17/13 573.00$
772-2326-212 12-16787 EVIDENCE 02/04/12 130.00$
772-2326-212 12-17154 EVIDENCE 02/05/12 110.00$
772-2326-212 12-17364 EVIDENCE 02/06/12 1,655.25$
772-2326-212 12-21700 EVIDENCE 03/29/12 768.00$
772-2326-212 12-22670 EVIDENCE 02/17/12 82.00$
772-2326-212 12-24633 EVIDENCE 02/22/12 20.00$
772-2326-212 12-24641 EVIDENCE 02/02/12 20.00$
772-2326-212 12-24653 EVIDENCE 02/22/12 100.00$
772-2326-212 12-24661 EVIDENCE 02/22/12 40.00$
772-2326-212 12-24676 EVIDENCE 02/22/12 20.00$
772-2326-212 12-24681 EVIDENCE 02/22/12 50.00$
772-2326-212 12-24685 EVIDENCE 02/22/12 70.00$
772-2326-212 12-24806 EVIDENCE 02/22/12 80.00$
772-2326-212 12-25339 EVIDENCE 03/08/12 610.00$
772-2326-212 12-28020 EVIDENCE 02/29/12 442.00$
772-2326-212 12-28780 EVIDENCE 02/22/12 20.00$
772-2326-212 12-29746 EVIDENCE 03/04/12 901.22$
772-2326-212 12-34511 EVIDENCE 03/28/12 774.00$
772-2326-212 12-34532 EVIDENCE 03/28/12 658.00$
772-2326-212 12-36594 EVIDENCE 04/10/12 453.00$
772-2326-212 12-41739 EVIDENCE 03/31/12 100.00$
772-2326-212 12-47211 EVIDENCE 04/18/12 518.00$
772-2326-212 12-49169 EVIDENCE 04/17/12 17.00$
772-2326-212 12-49401 EVIDENCE 05/01/12 791.00$
772-2326-212 12-50359 EVIDENCE 04/19/12 200.00$
772-2326-212 12-50413 EVIDENCE 04/19/12 21.00$
772-2326-212 12-57815 EVIDENCE 05/05/12 29.00$
772-2326-212 12-63202 EVIDENCE 05/16/12 145.00$
772-2326-212 12-66459 EVIDENCE 05/29/12 15.00$
772-2326-212 12-68480 EVIDENCE 05/27/12 55.00$
772-2326-212 12-68493 EVIDENCE 05/27/12 20.00$
772-2326-212 12-70778 EVIDENCE 06/01/12 247.00$
772-2326-212 12-72198 EVIDENCE 06/04/12 230.00$
Page 7
31.b
Packet Pg. 967 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 12-73066 EVIDENCE 06/06/12 80.00$
772-2326-212 12-76076 EVIDENCE 06/13/12 57.00$
772-2326-212 12-81978 EVIDENCE 07/11/12 1,430.00$
772-2326-212 12-89769 EVIDENCE 07/25/12 498.00$
772-2326-212 12-899 EVIDENCE 03/07/12 647.00$
772-2326-212 12-92375 EVIDENCE 07/18/12 203.00$
772-2326-212 13-100312 EVIDENCE 08/10/13 22.00$
772-2326-212 13-100901 EVIDENCE 08/11/13 181.00$
772-2326-212 13-101720 EVIDENCE 08/13/13 35.00$
772-2326-212 13-105270 EVIDENCE 08/21/13 277.00$
772-2326-212 13-108025 EVIDENCE 08/27/13 125.00$
772-2326-212 13-109192 EVIDENCE 08/30/13 222.00$
772-2326-212 13-111387 EVIDENCE 09/04/13 40.00$
772-2326-212 13-114703 EVIDENCE 01/24/14 15.00$
772-2326-212 13-114703 EVIDENCE 01/24/14 25.00$
772-2326-212 13-114703 EVIDENCE 10/23/13 105.00$
772-2326-212 13-114703 EVIDENCE 09/12/13 180.00$
772-2326-212 13-114703 EVIDENCE 11/02/13 620.00$
772-2326-212 13-114977 EVIDENCE 09/13/13 40.00$
772-2326-212 13-11763 EVIDENCE 01/26/13 263.50$
772-2326-212 13-119497 EVIDENCE 12/06/13 622.00$
772-2326-212 13-119497 EVIDENCE 12/06/13 1,190.00$
772-2326-212 13-124695 EVIDENCE 10/06/13 243.00$
772-2326-212 13-125183 EVIDENCE 10/07/13 19.00$
772-2326-212 13-125539 EVIDENCE 10/07/13 1,100.00$
772-2326-212 13-126173 EVIDENCE 10/19/13 250.00$
772-2326-212 13-126659 EVIDENCE 10/22/13 205.00$
772-2326-212 13-12809 EVIDENCE 01/31/13 20.00$
772-2326-212 13-128844 EVIDENCE 10/16/13 84.00$
772-2326-212 13-133633 EVIDENCE 10/27/13 86.17$
772-2326-212 13-137291 EVIDENCE 11/06/13 30.90$
772-2326-212 13-137832 EVIDENCE 11/06/13 113.00$
772-2326-212 13-137990 EVIDENCE 11/07/13 274.92$
772-2326-212 13-138231 EVIDENCE 11/07/13 160.00$
772-2326-212 13-140238 EVIDENCE 11/12/13 91.00$
772-2326-212 13-14161 EVIDENCE 01/31/13 831.00$
772-2326-212 13-14567 EVIDENCE 02/13/13 51.00$
772-2326-212 13-146582 EVIDENCE 11/29/13 1,806.00$
772-2326-212 13-148039 EVIDENCE 12/02/13 72.00$
772-2326-212 13-15921 EVIDENCE 02/04/13 127.00$
772-2326-212 13-17533 EVIDENCE 02/21/13 39.00$
772-2326-212 13-19135 EVIDENCE 02/12/13 15.00$
772-2326-212 13-19135 EVIDENCE 02/12/13 71.00$
772-2326-212 13-19523 EVIDENCE 02/13/13 130.00$
Page 8
31.b
Packet Pg. 968 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 13-23677 EVIDENCE 02/23/13 70.00$
772-2326-212 13-26182 EVIDENCE 02/28/13 40.00$
772-2326-212 13-27106 EVIDENCE 03/28/13 297.00$
772-2326-212 13-27838 EVIDENCE 03/04/13 1,330.00$
772-2326-212 13-29307 EVIDENCE 03/07/13 27.19$
772-2326-212 13-29456 EVIDENCE 10/17/13 1,451.00$
772-2326-212 13-3008 EVIDENCE 01/08/03 660.00$
772-2326-212 13-35061 EVIDENCE 03/21/13 425.00$
772-2326-212 13-36903 EVIDENCE 03/27/13 15.00$
772-2326-212 13-36903 EVIDENCE 03/27/13 218.00$
772-2326-212 13-37957 EVIDENCE 05/14/13 767.00$
772-2326-212 13-38288 EVIDENCE 04/09/13 196.00$
772-2326-212 13-38502 EVIDENCE 03/29/13 24.00$
772-2326-212 13-38706 EVIDENCE 03/30/13 213.00$
772-2326-212 13-40202 EVIDENCE 04/02/13 698.00$
772-2326-212 13-41485 EVIDENCE 04/16/13 427.00$
772-2326-212 13-44738 EVIDENCE 04/23/13 45.00$
772-2326-212 13-44738 EVIDENCE 04/23/13 138.00$
772-2326-212 13-45205 EVIDENCE 04/13/17 49.69$
772-2326-212 13-46350 EVIDENCE 04/23/13 55.00$
772-2326-212 13-46570 EVIDENCE 04/16/13 20.00$
772-2326-212 13-47078 EVIDENCE 04/17/13 43.00$
772-2326-212 13-47435 EVIDENCE 04/18/13 767.00$
772-2326-212 13-48326 EVIDENCE 04/09/13 20.00$
772-2326-212 13-51678 EVIDENCE 04/26/13 54.00$
772-2326-212 13-60915 EVIDENCE 05/16/13 17.00$
772-2326-212 13-60915 EVIDENCE 05/16/17 22.00$
772-2326-212 13-60915 EVIDENCE 05/16/13 100.00$
772-2326-212 13-60915 EVIDENCE 05/16/13 103.00$
772-2326-212 13-60915 EVIDENCE 05/16/13 940.00$
772-2326-212 13-60946 EVIDENCE 05/16/13 67.00$
772-2326-212 13-60946 EVIDENCE 05/16/13 860.00$
772-2326-212 13-61497 EVIDENCE 05/17/13 200.00$
772-2326-212 13-61601 EVIDENCE 05/17/13 400.00$
772-2326-212 13-62699 EVIDENCE 05/20/13 38.10$
772-2326-212 13-63082 EVIDENCE 05/22/13 234.18$
772-2326-212 13-63752 EVIDENCE 05/22/13 130.00$
772-2326-212 13-64004 EVIDENCE 05/22/13 63.00$
772-2326-212 13-64495 EVIDENCE 05/31/13 131.00$
772-2326-212 13-66965 EVIDENCE 05/29/13 149.00$
772-2326-212 13-66965 EVIDENCE 05/29/13 465.00$
772-2326-212 13-66965 EVIDENCE 05/29/13 1,791.00$
772-2326-212 13-67352 EVIDENCE 05/30/13 19.00$
772-2326-212 13-69906 EVIDENCE 06/04/12 119.00$
Page 9
31.b
Packet Pg. 969 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 13-74201 EVIDENCE 06/14/13 20.00$
772-2326-212 13-7572 EVIDENCE 10/19/13 107.00$
772-2326-212 13-78644 EVIDENCE 06/25/13 350.00$
772-2326-212 13-79875 EVIDENCE 06/27/13 165.00$
772-2326-212 13-8010 EVIDENCE 09/13/13 442.00$
772-2326-212 13-94499 EVIDENCE 07/25/13 55.00$
772-2326-212 13-95323 EVIDENCE 07/30/13 161.00$
772-2326-212 13-95492 EVIDENCE 07/31/13 73.00$
772-2326-212 13-96065 EVIDENCE 08/01/13 20.00$
772-2326-212 13-96065 EVIDENCE 08/01/13 465.00$
772-2326-212 13-96866 EVIDENCE 08/02/13 81.00$
772-2326-212 14-101016 EVIDENCE 08/26/14 19.48$
772-2326-212 14-103979 EVIDENCE 09/02/14 20.00$
772-2326-212 14-104503 EVIDENCE 09/03/14 339.00$
772-2326-212 14-115649 EVIDENCE 10/03/14 1,000.00$
772-2326-212 14-11643 EVIDENCE 01/29/14 369.00$
772-2326-212 14-120542 EVIDENCE 10/15/14 21.81$
772-2326-212 14-123676 EVIDENCE 10/21/14 920.00$
772-2326-212 14-12458 EVIDENCE 01/30/14 100.00$
772-2326-212 14-126585 EVIDENCE 11/13/14 468.00$
772-2326-212 14-126585 EVIDENCE 11/13/14 600.00$
772-2326-212 14-127377 EVIDENCE 11/13/14 88.00$
772-2326-212 14-127471 EVIDENCE 11/01/14 175.00$
772-2326-212 14-130528 EVIDENCE 11/08/14 340.00$
772-2326-212 14-132069 EVIDENCE 11/25/14 80.00$
772-2326-212 14-132069 EVIDENCE 11/25/14 700.00$
772-2326-212 14-132583 EVIDENCE 11/26/14 91.00$
772-2326-212 14-134244 EVIDENCE 11/18/11 1,600.00$
772-2326-212 14-135733 EVIDENCE 11/22/14 34.26$
772-2326-212 14-136999 EVIDENCE 11/25/14 50.00$
772-2326-212 14-137120 EVIDENCE 11/26/14 2,850.00$
772-2326-212 14-140083 EVIDENCE 12/05/14 400.00$
772-2326-212 14-140474 EVIDENCE 12/05/14 80.00$
772-2326-212 14-142061 EVIDENCE 12/09/14 90.00$
772-2326-212 14-142580 EVIDENCE 12/10/14 40.00$
772-2326-212 14-1428 EVIDENCE 01/04/14 300.00$
772-2326-212 14-145106 EVIDENCE 12/17/14 55.00$
772-2326-212 14-17163 EVIDENCE 02/11/14 747.00$
772-2326-212 14-17163 EVIDENCE 02/11/13 2,511.00$
772-2326-212 14-17722 EVIDENCE 02/12/14 786.00$
772-2326-212 14-18227 EVIDENCE 02/13/14 296.00$
772-2326-212 14-18921 EVIDENCE 02/15/14 306.00$
772-2326-212 14-20935 EVIDENCE 02/20/14 36.00$
772-2326-212 14-22093 EVIDENCE 02/23/14 155.00$
Page 10
31.b
Packet Pg. 970 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 14-23849 EVIDENCE 02/27/14 3,543.00$
772-2326-212 14-25732 EVIDENCE 03/04/14 65.00$
772-2326-212 14-28291 EVIDENCE 03/09/14 941.49$
772-2326-212 14-33065 EVIDENCE 03/21/14 1,553.00$
772-2326-212 14-36555 EVIDENCE 03/28/14 25.00$
772-2326-212 14-37009 EVIDENCE 03/29/14 551.00$
772-2326-212 14-37992 EVIDENCE 03/31/14 144.00$
772-2326-212 14-38415 EVIDENCE 04/02/14 43.00$
772-2326-212 14-40734 EVIDENCE 04/07/14 20.00$
772-2326-212 14-4100 EVIDENCE 07/08/14 528.50$
772-2326-212 14-4101 EVIDENCE 07/08/14 1,099.00$
772-2326-212 14-4102 EVIDENCE 07/08/14 605.00$
772-2326-212 14-4103 EVIDENCE 07/08/14 28.00$
772-2326-212 14-46087 EVIDENCE 04/18/14 384.00$
772-2326-212 14-47454 EVIDENCE 04/21/14 75.00$
772-2326-212 14-50496 EVIDENCE 04/29/14 20.00$
772-2326-212 14-51517 EVIDENCE 05/01/14 220.00$
772-2326-212 14-53552 EVIDENCE 10/09/14 70.00$
772-2326-212 14-54172 EVIDENCE 05/11/17 35.16$
772-2326-212 14-5478 EVIDENCE 01/29/14 427.00$
772-2326-212 14-56145 EVIDENCE 05/28/14 454.00$
772-2326-212 14-56202 EVIDENCE 05/13/14 128.00$
772-2326-212 14-56721 EVIDENCE 05/14/14 189.00$
772-2326-212 14-57043 EVIDENCE 05/15/14 177.00$
772-2326-212 14-57992 EVIDENCE 05/17/14 257.00$
772-2326-212 14-61971 EVIDENCE 05/27/14 40.50$
772-2326-212 14-6257 EVIDENCE 07/15/14 45.00$
772-2326-212 14-6409 EVIDENCE 01/24/14 80.00$
772-2326-212 14-6409 EVIDENCE 01/24/14 300.00$
772-2326-212 14-65494 EVIDENCE 06/04/14 420.00$
772-2326-212 14-65608 EVIDENCE 06/04/14 470.00$
772-2326-212 14-6574 EVIDENCE 08/01/14 314.00$
772-2326-212 14-68675 EVIDENCE 06/12/14 723.00$
772-2326-212 14-69505 EVIDENCE 06/12/14 637.00$
772-2326-212 14-6993 EVIDENCE 08/10/14 44.00$
772-2326-212 14-70513 EVIDENCE 06/16/14 1,224.00$
772-2326-212 14-70676 EVIDENCE 06/16/14 20.00$
772-2326-212 14-71944 EVIDENCE 06/19/14 52.00$
772-2326-212 14-71944 EVIDENCE 06/19/17 580.00$
772-2326-212 14-72467 EVIDENCE 06/20/14 70.00$
772-2326-212 14-72529 EVIDENCE 06/20/14 45.00$
772-2326-212 14-72799 EVIDENCE 06/21/14 1,405.00$
772-2326-212 14-72821 EVIDENCE 06/21/14 103.00$
772-2326-212 14-72917 EVIDENCE 06/21/14 23.00$
Page 11
31.b
Packet Pg. 971 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 14-7295 EVIDENCE 08/23/14 232.81$
772-2326-212 14-73792 EVIDENCE 06/23/14 660.00$
772-2326-212 14-73965 EVIDENCE 06/25/14 27.00$
772-2326-212 14-73965 EVIDENCE 06/24/14 97.00$
772-2326-212 14-7672 EVIDENCE 09/08/14 80.00$
772-2326-212 14-77336 EVIDENCE 07/02/14 20.00$
772-2326-212 14-77473 EVIDENCE 07/02/14 754.16$
772-2326-212 14-80303 EVIDENCE 07/08/14 565.00$
772-2326-212 14-80708 EVIDENCE 08/21/14 520.00$
772-2326-212 14-86382 EVIDENCE 07/22/14 281.75$
772-2326-212 14-9199 EVIDENCE 11/13/14 129.57$
772-2326-212 15-103089 EVIDENCE 09/16/15 33.00$
772-2326-212 15-10383 EVIDENCE 01/28/15 189.00$
772-2326-212 15-103833 EVIDENCE 09/17/15 20.00$
772-2326-212 15-103833 EVIDENCE 09/17/15 407.00$
772-2326-212 15-103919 EVIDENCE 08/18/15 62.90$
772-2326-212 15-103936 EVIDENCE 09/18/15 52.00$
772-2326-212 15-105889 EVIDENCE 09/22/15 30.00$
772-2326-212 15-106372 EVIDENCE 09/23/15 118.00$
772-2326-212 15-108499 EVIDENCE 09/29/15 255.00$
772-2326-212 15-110017 EVIDENCE 10/02/15 251.00$
772-2326-212 15-110503 EVIDENCE 10/09/15 145.00$
772-2326-212 15-113538 EVIDENCE 10/12/15 668.00$
772-2326-212 15-114891 EVIDENCE 10/16/15 120.00$
772-2326-212 15-114891 EVIDENCE 10/15/15 157.00$
772-2326-212 15-114967 EVIDENCE 10/15/15 71.36$
772-2326-212 15-115094 EVIDENCE 10/15/15 341.01$
772-2326-212 15-120374 EVIDENCE 10/29/15 1,164.00$
772-2326-212 15-120959 EVIDENCE 10/30/15 452.00$
772-2326-212 15-127580 EVIDENCE 11/17/15 19.00$
772-2326-212 15-128190 EVIDENCE 11/19/15 20.00$
772-2326-212 15-128318 EVIDENCE 11/19/15 38.00$
772-2326-212 15-128318 EVIDENCE 11/19/15 104.00$
772-2326-212 15-134336 EVIDENCE 12/06/15 696.00$
772-2326-212 15-141636 EVIDENCE 01/07/16 30.00$
772-2326-212 15-14344 EVIDENCE 02/07/15 168.00$
772-2326-212 15-152 EVIDENCE 01/09/15 100.21$
772-2326-212 15-15827 EVIDENCE 03/03/15 1,120.00$
772-2326-212 15-15887 EVIDENCE 03/03/15 547.00$
772-2326-212 15-15887 EVIDENCE 03/03/15 1,429.00$
772-2326-212 15-15887 EVIDENCE 03/03/15 1,870.00$
772-2326-212 15-19197 EVIDENCE 02/21/15 63.00$
772-2326-212 15-2914 EVIDENCE 01/09/15 20.00$
772-2326-212 15-2922 EVIDENCE 01/09/15 103.00$
Page 12
31.b
Packet Pg. 972 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 15-2922 EVIDENCE 01/09/15 104.00$
772-2326-212 15-29471 EVIDENCE 04/10/15 340.00$
772-2326-212 15-2955 EVIDENCE 01/15/15 17.00$
772-2326-212 15-29682 EVIDENCE 03/19/15 144.00$
772-2326-212 15-3127 EVIDENCE 01/15/15 20.00$
772-2326-212 15-3127 EVIDENCE 01/15/15 40.00$
772-2326-212 15-35464 EVIDENCE 04/02/15 103.00$
772-2326-212 15-35607 EVIDENCE 04/03/15 45.00$
772-2326-212 15-38416 EVIDENCE 04/10/15 740.00$
772-2326-212 15-39876 EVIDENCE 04/13/15 417.00$
772-2326-212 15-4148 EVIDENCE 01/12/15 108.00$
772-2326-212 15-50911 EVIDENCE 05/12/15 60.00$
772-2326-212 15-53017 EVIDENCE 05/17/15 96.00$
772-2326-212 15-55125 EVIDENCE 06/04/15 89.00$
772-2326-212 15-5946 EVIDENCE 01/17/15 139.00$
772-2326-212 15-62515 EVIDENCE 06/09/15 57.51$
772-2326-212 15-62760 EVIDENCE 06/10/15 266.00$
772-2326-212 15-62790 EVIDENCE 06/11/15 150.00$
772-2326-212 15-64942 EVIDENCE 06/15/15 112.00$
772-2326-212 15-66163 EVIDENCE 06/19/15 108.00$
772-2326-212 15-66258 EVIDENCE 08/14/15 64.00$
772-2326-212 15-66258 EVIDENCE 08/14/15 71.00$
772-2326-212 15-67019 EVIDENCE 06/21/15 87.00$
772-2326-212 15-74050 EVIDENCE 07/06/15 180.00$
772-2326-212 15-75982 EVIDENCE 07/10/15 30.00$
772-2326-212 15-77178 EVIDENCE 07/14/15 41.65$
772-2326-212 15-77742 EVIDENCE 07/15/15 54.25$
772-2326-212 15-78089 EVIDENCE 07/16/15 353.00$
772-2326-212 15-84845 EVIDENCE 07/31/15 387.10$
772-2326-212 15-84848 EVIDENCE 07/31/15 36.75$
772-2326-212 15-84873 EVIDENCE 07/31/15 21.00$
772-2326-212 15-84897 EVIDENCE 07/31/15 107.00$
772-2326-212 15-87816 EVIDENCE 08/10/15 20.00$
772-2326-212 15-87923 EVIDENCE 08/09/15 17.00$
772-2326-212 15-88927 EVIDENCE 08/13/15 232.00$
772-2326-212 15-88936 EVIDENCE 08/16/15 170.00$
772-2326-212 15-89824 EVIDENCE 08/13/15 140.00$
772-2326-212 15-92820 EVIDENCE 08/21/15 70.23$
772-2326-212 15-92820 EVIDENCE 08/21/15 231.00$
772-2326-212 15-92820 EVIDENCE 08/21/15 800.00$
772-2326-212 15-9606 EVIDENCE 11/30/15 2,544.00$
772-2326-212 15-9607 EVIDENCE 11/30/15 935.00$
772-2326-212 15-96916 EVIDENCE 08/31/15 165.00$
772-2326-212 15-97976 EVIDENCE 09/02/15 266.00$
Page 13
31.b
Packet Pg. 973 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 16-100884 EVIDENCE 09/15/16 100.00$
772-2326-212 16-100904 EVIDENCE 09/16/16 703.00$
772-2326-212 16-103805 EVIDENCE 05/29/16 160.00$
772-2326-212 16-105933 EVIDENCE 09/29/16 1,060.00$
772-2326-212 16-10757 EVIDENCE 01/31/16 75.55$
772-2326-212 16-109166 EVIDENCE 10/07/16 20.00$
772-2326-212 16-116031 EVIDENCE 10/24/16 1,887.00$
772-2326-212 16-116092 EVIDENCE 10/24/16 75.00$
772-2326-212 16-116092 EVIDENCE 10/24/16 271.00$
772-2326-212 16-123154 EVIDENCE 11/12/16 600.00$
772-2326-212 16-128337 EVIDENCE 11/26/16 540.00$
772-2326-212 16-133080 EVIDENCE 12/08/16 62.75$
772-2326-212 16-133869 EVIDENCE 12/12/16 20.00$
772-2326-212 16-135439 EVIDENCE 12/14/16 67.00$
772-2326-212 16-137476 EVIDENCE 12/19/16 87.00$
772-2326-212 16-140771 EVIDENCE 12/29/16 66.00$
772-2326-212 16-141726 EVIDENCE 12/31/16 403.00$
772-2326-212 16-16315 EVIDENCE 06/13/11 25.99$
772-2326-212 16-17434 EVIDENCE 02/18/16 41.00$
772-2326-212 16-17448 EVIDENCE 02/18/16 173.00$
772-2326-212 16-17564 EVIDENCE 02/18/16 323.00$
772-2326-212 16-17564 EVIDENCE 02/19/16 560.00$
772-2326-212 16-1814 EVIDENCE 01/06/16 57.00$
772-2326-212 16-21001 EVIDENCE 02/27/16 30.00$
772-2326-212 16-23917 EVIDENCE 03/06/16 38.00$
772-2326-212 16-24388 EVIDENCE 03/08/16 5,940.00$
772-2326-212 16-30445 EVIDENCE 04/14/16 157.00$
772-2326-212 16-37399 EVIDENCE 04/11/16 1,002.00$
772-2326-212 16-37931 EVIDENCE 04/25/16 2,024.00$
772-2326-212 16-40341 EVIDENCE 04/19/16 345.00$
772-2326-212 16-4081 EVIDENCE 01/12/16 360.00$
772-2326-212 16-414085 EVIDENCE 12/29/16 832.00$
772-2326-212 16-43777 EVIDENCE 04/28/16 855.00$
772-2326-212 16-46548 EVIDENCE 05/04/16 142.00$
772-2326-212 16-46638 EVIDENCE 05/04/16 209.00$
772-2326-212 16-47466 EVIDENCE 05/06/16 2,384.00$
772-2326-212 16-47993 EVIDENCE 05/08/16 595.00$
772-2326-212 16-49083 EVIDENCE 05/11/16 200.00$
772-2326-212 16-50170 EVIDENCE 05/16/16 30.00$
772-2326-212 16-50176 EVIDENCE 05/13/16 28.00$
772-2326-212 16-5248 EVIDENCE 06/23/16 140.00$
772-2326-212 16-55598 EVIDENCE 05/27/16 50.00$
772-2326-212 16-55603 EVIDENCE 05/27/16 28.00$
772-2326-212 16-61489 EVIDENCE 06/11/16 15.00$
Page 14
31.b
Packet Pg. 974 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 16-66959 EVIDENCE 06/24/16 68.00$
772-2326-212 16-7005 EVIDENCE 01/21/16 206.00$
772-2326-212 16-84605 EVIDENCE 08/06/16 186.00$
772-2326-212 16-89688 EVIDENCE 08/19/16 127.00$
772-2326-212 16-95294 EVIDENCE 09/01/16 30.00$
772-2326-212 16-96748 EVIDENCE 09/17/16 456.00$
772-2326-212 16-97337 EVIDENCE 09/07/16 357.00$
772-2326-212 16-98320 EVIDENCE 09/10/16 69.00$
772-2326-212 17-10394 EVIDENCE 01/26/17 202.00$
772-2326-212 17-10404 EVIDENCE 01/26/17 40.00$
772-2326-212 17-10756 EVIDENCE 01/27/17 191.00$
772-2326-212 17-17333 EVIDENCE 02/11/17 40.00$
772-2326-212 17-18105 EVIDENCE 02/14/17 38.00$
772-2326-212 17-18860 EVIDENCE 02/15/17 145.00$
772-2326-212 17-19654 EVIDENCE 02/17/17 21.00$
772-2326-212 17-19654 EVIDENCE 02/17/17 28.00$
772-2326-212 17-19654 EVIDENCE 02/17/17 47.00$
772-2326-212 17-2152 EVIDENCE 01/06/17 20.00$
772-2326-212 17-22221 EVIDENCE 02/24/17 245.00$
772-2326-212 17-23919 EVIDENCE 02/28/17 89.00$
772-2326-212 17-26067 EVIDENCE 03/05/17 18.00$
772-2326-212 17-27055 EVIDENCE 03/08/17 84.00$
772-2326-212 17-27408 EVIDENCE 03/14/07 100.00$
772-2326-212 17-28351 EVIDENCE 03/11/17 113.00$
772-2326-212 17-29255 EVIDENCE 03/13/17 60.00$
772-2326-212 17-29258 EVIDENCE 03/13/17 40.00$
772-2326-212 17-29269 EVIDENCE 03/13/17 50.00$
772-2326-212 17-29628 EVIDENCE 03/14/17 381.00$
772-2326-212 17-29635 EVIDENCE 03/14/17 45.00$
772-2326-212 17-30094 EVIDENCE 03/15/17 87.00$
772-2326-212 17-30094 EVIDENCE 03/15/17 96.00$
772-2326-212 17-30378 EVIDENCE 03/15/17 20.00$
772-2326-212 17-30754 EVIDENCE 03/16/17 61.45$
772-2326-212 17-30759 EVIDENCE 03/16/17 25.53$
772-2326-212 17-3223 EVIDENCE 01/09/17 26.00$
772-2326-212 17-32968 EVIDENCE 03/22/17 131.00$
772-2326-212 17-32968 EVIDENCE 03/22/17 400.00$
772-2326-212 17-35744 EVIDENCE 03/28/17 1,027.00$
772-2326-212 17-35803 EVIDENCE 03/28/17 36.00$
772-2326-212 17-35889 EVIDENCE 03/28/17 800.00$
772-2326-212 17-36410 EVIDENCE 03/30/17 20.00$
772-2326-212 17-36585 EVIDENCE 04/03/17 1,560.00$
772-2326-212 17-36730 EVIDENCE 03/30/17 973.00$
772-2326-212 17-39484 EVIDENCE 04/06/17 90.00$
Page 15
31.b
Packet Pg. 975 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 17-39484 EVIDENCE 04/06/17 111.00$
772-2326-212 17-39495 EVIDENCE 04/06/17 62.00$
772-2326-212 17-41849 EVIDENCE 04/12/17 67.88$
772-2326-212 17-42244 EVIDENCE 04/13/17 108.00$
772-2326-212 17-42256 EVIDENCE 04/13/17 95.00$
772-2326-212 17-42267 EVIDENCE 04/13/17 65.00$
772-2326-212 17-42885 EVIDENCE 04/15/17 64.00$
772-2326-212 17-42902 EVIDENCE 04/14/17 219.00$
772-2326-212 17-42905 EVIDENCE 04/26/17 241.00$
772-2326-212 17-43217 EVIDENCE 04/30/17 62.00$
772-2326-212 17-44322 EVIDENCE 04/18/17 1,800.00$
772-2326-212 17-44618 EVIDENCE 04/27/17 640.00$
772-2326-212 17-44892 EVIDENCE 04/20/17 930.00$
772-2326-212 17-46742 EVIDENCE 04/26/17 24.00$
772-2326-212 17-47964 EVIDENCE 04/27/17 107.00$
772-2326-212 17-49996 EVIDENCE 05/01/17 947.00$
772-2326-212 17-51084 EVIDENCE 05/04/17 120.00$
772-2326-212 17-51136 EVIDENCE 05/04/17 805.00$
772-2326-212 17-54098 EVIDENCE 05/11/17 40.00$
772-2326-212 17-5411 EVIDENCE 01/14/17 793.00$
772-2326-212 17-55931 EVIDENCE 05/16/17 2,361.00$
772-2326-212 17-56156 EVIDENCE 05/16/17 593.00$
772-2326-212 17-56246 EVIDENCE 05/16/17 20.00$
772-2326-212 17-5630 EVIDENCE 06/03/17 384.10$
772-2326-212 17-56335 EVIDENCE 05/16/17 86.00$
772-2326-212 17-5695 EVIDENCE 01/14/17 60.00$
772-2326-212 17-57081 EVIDENCE 05/18/17 400.00$
772-2326-212 17-57433 EVIDENCE 05/19/17 58.00$
772-2326-212 17-58314 EVIDENCE 05/21/17 460.00$
772-2326-212 17-59269 EVIDENCE 05/23/17 560.00$
772-2326-212 17-598 EVIDENCE 01/11/17 187.49$
772-2326-212 17-60364 EVIDENCE 05/26/17 417.00$
772-2326-212 17-61522 EVIDENCE 05/29/17 60.00$
772-2326-212 17-67850 EVIDENCE 06/14/17 87.00$
772-2326-212 17-67936 EVIDENCE 06/14/17 350.00$
772-2326-212 17-69980 EVIDENCE 06/19/17 22.50$
772-2326-212 17-74100 EVIDENCE 06/29/17 140.00$
772-2326-212 17-7943 EVIDENCE 01/20/17 100.00$
772-2326-212 17-7943 EVIDENCE 01/20/17 380.00$
772-2326-212 18-101926 EVIDENCE 08/14/15 7,190.00$
772-2326-212 18-13216 EVIDENCE 01/08/18 238.51$
772-2326-212 18-1608 EVIDENCE 01/05/17 570.00$
772-2326-212 18-28717 EVIDENCE 03/08/17 100.00$
772-2326-212 18-35672 EVIDENCE 04/26/17 160.00$
Page 16
31.b
Packet Pg. 976 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 18-35672 EVIDENCE 04/26/17 338.00$
772-2326-212 1980-073130 EVIDENCE 08/25/80 20.00$
772-2326-212 1983-072680 EVIDENCE 08/23/83 19.00$
772-2326-212 1984-006898 EVIDENCE 01/23/84 170.00$
772-2326-212 1985-037710 EVIDENCE 04/02/85 22.00$
772-2326-212 1985-041686 EVIDENCE 04/06/85 16.82$
772-2326-212 1986-007472 EVIDENCE 01/18/86 53.00$
772-2326-212 1987-021356 EVIDENCE 02/19/87 32.00$
772-2326-212 1987-107734 EVIDENCE 10/03/87 212.00$
772-2326-212 1987-118242 EVIDENCE 12/12/87 125.00$
772-2326-212 1988-035972 EVIDENCE 08/15/88 48.21$
772-2326-212 1989-009668 EVIDENCE 03/01/89 23.31$
772-2326-212 1989-018698 EVIDENCE 04/22/89 155.26$
772-2326-212 1989-024492 EVIDENCE 05/28/89 56.40$
772-2326-212 1989-037946 EVIDENCE 08/24/89 63.00$
772-2326-212 1989-041371 EVIDENCE 09/07/89 21.77$
772-2326-212 1990-006907 EVIDENCE 02/10/90 30.00$
772-2326-212 1990-021377 EVIDENCE 05/05/90 20.25$
772-2326-212 1990-030533 EVIDENCE 07/02/90 25.15$
772-2326-212 1990-030602 EVIDENCE 07/02/98 80.52$
772-2326-212 1990-040627 EVIDENCE 08/31/90 70.80$
772-2326-212 1991-008354 EVIDENCE 02/18/91 210.00$
772-2326-212 1992-017485 EVIDENCE 04/16/92 26.33$
772-2326-212 1992-052965 EVIDENCE 11/19/92 53.00$
772-2326-212 1993-000147 EVIDENCE 01/02/93 22.00$
772-2326-212 1993-001518 EVIDENCE 03/11/93 430.00$
772-2326-212 1996-031140 EVIDENCE 06/25/96 107.00$
772-2326-212 1997-032553 EVIDENCE 07/02/97 19.16$
772-2326-212 1997-059393 EVIDENCE 11/13/97 1,005.00$
772-2326-212 1998-004375 EVIDENCE 01/30/98 72.48$
772-2326-212 1998-034985 EVIDENCE 07/29/98 800.00$
772-2326-212 2000-054104 EVIDENCE 12/28/00 35.46$
772-2326-212 2000-45174 EVIDENCE 10/31/00 540.00$
772-2326-212 2001-006811 EVIDENCE 02/15/01 444.00$
772-2326-212 2001-017492 EVIDENCE 04/26/01 20.00$
772-2326-212 2001-036908 EVIDENCE 08/29/01 22.00$
772-2326-212 2001-055562 EVIDENCE 12/31/01 46.24$
772-2326-212 2002-002993 EVIDENCE 01/21/02 36.30$
772-2326-212 2002-016119 EVIDENCE 04/19/02 1,004.00$
772-2326-212 2002-032602 EVIDENCE 08/04/02 60.00$
772-2326-212 2002-041852 EVIDENCE 10/01/02 20.00$
772-2326-212 2002-048470 EVIDENCE 11/12/02 55.00$
772-2326-212 2003-011246 EVIDENCE 04/08/03 245.00$
772-2326-212 2003-011907 EVIDENCE 03/18/03 323.00$
Page 17
31.b
Packet Pg. 977 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2003-014551 EVIDENCE 04/02/03 196.00$
772-2326-212 2003-017541 EVIDENCE 04/22/03 569.00$
772-2326-212 2003-021704 EVIDENCE 05/18/03 146.00$
772-2326-212 2003-037949 EVIDENCE 09/02/03 501.11$
772-2326-212 2003-046350 EVIDENCE 10/24/03 25.30$
772-2326-212 2003-052459 EVIDENCE 12/01/03 72.20$
772-2326-212 2004-000206 EVIDENCE 01/26/04 90.80$
772-2326-212 2004-007009 EVIDENCE 02/14/04 23.00$
772-2326-212 2004-007009 EVIDENCE 02/14/04 161.00$
772-2326-212 2004-007009 EVIDENCE 02/14/04 583.28$
772-2326-212 2004-008459 EVIDENCE 02/24/04 230.00$
772-2326-212 2004-020667 EVIDENCE 05/16/04 26.00$
772-2326-212 2004-023261 EVIDENCE 08/24/04 247.00$
772-2326-212 2004-029079 EVIDENCE 08/11/04 299.00$
772-2326-212 2004-030909 EVIDENCE 08/18/04 335.00$
772-2326-212 2004-032614 EVIDENCE 08/26/04 125.00$
772-2326-212 2004-032827 EVIDENCE 08/27/04 51.00$
772-2326-212 2004-032827 EVIDENCE 08/27/04 155.00$
772-2326-212 2004-039582 EVIDENCE 10/19/04 60.00$
772-2326-212 2004-039582 EVIDENCE 10/19/04 530.00$
772-2326-212 2004-049668 EVIDENCE 12/20/04 637.00$
772-2326-212 2005-020542 EVIDENCE 05/05/05 49.00$
772-2326-212 2005-020795 EVIDENCE 05/07/05 27.00$
772-2326-212 2005-021455 EVIDENCE 05/12/05 70.00$
772-2326-212 2005-025133 EVIDENCE 06/04/05 314.00$
772-2326-212 2005-028963 EVIDENCE 06/29/05 57.57$
772-2326-212 2005-029239 EVIDENCE 06/30/05 63.00$
772-2326-212 2005-038353 EVIDENCE 08/26/05 100.00$
772-2326-212 2005-051406 EVIDENCE 11/17/05 32.00$
772-2326-212 2005-052353 EVIDENCE 11/23/05 15.25$
772-2326-212 2006-001618 EVIDENCE 01/26/06 2,180.00$
772-2326-212 2006-002068 EVIDENCE 01/16/06 103.00$
772-2326-212 2006-005278 EVIDENCE 02/07/06 123.00$
772-2326-212 2006-005278 EVIDENCE 02/07/06 320.00$
772-2326-212 2006-005628 EVIDENCE 02/09/06 828.00$
772-2326-212 2006-008616 EVIDENCE 03/15/06 73.00$
772-2326-212 2006-014758 EVIDENCE 04/14/06 49.25$
772-2326-212 2006-015739 EVIDENCE 04/22/06 85.00$
772-2326-212 2006-017242 EVIDENCE 05/01/06 32.00$
772-2326-212 2006-017324 EVIDENCE 05/01/06 30.03$
772-2326-212 2006-017479 EVIDENCE 05/04/06 80.00$
772-2326-212 2006-018531 EVIDENCE 05/10/06 233.00$
772-2326-212 2006-025450 EVIDENCE 07/07/06 432.00$
772-2326-212 2006-027888 EVIDENCE 02/14/06 38.00$
Page 18
31.b
Packet Pg. 978 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2006-028286 EVIDENCE 07/17/06 40.50$
772-2326-212 2006-030206 EVIDENCE 07/29/06 41.71$
772-2326-212 2006-031367 EVIDENCE 08/06/06 107.00$
772-2326-212 2006-031824 EVIDENCE 08/09/06 24.00$
772-2326-212 2006-034749 EVIDENCE 10/28/06 40.50$
772-2326-212 2006-036217 EVIDENCE 09/08/06 46.00$
772-2326-212 2006-036217 EVIDENCE 09/08/06 399.00$
772-2326-212 2006-036983 EVIDENCE 09/14/06 380.00$
772-2326-212 2006-039342 EVIDENCE 10/01/06 50.00$
772-2326-212 2006-040770 EVIDENCE 10/11/06 344.00$
772-2326-212 2006-041441 EVIDENCE 10/17/06 782.25$
772-2326-212 2006-044997 EVIDENCE 11/11/06 264.00$
772-2326-212 2006-045286 EVIDENCE 11/12/06 820.00$
772-2326-212 2006-045716 EVIDENCE 11/29/06 157.00$
772-2326-212 2006-049323 EVIDENCE 12/12/06 45.00$
772-2326-212 2007-000417 EVIDENCE 01/04/07 489.00$
772-2326-212 2007-000417 EVIDENCE 01/04/07 1,747.00$
772-2326-212 2007-000688 EVIDENCE 01/06/07 22.26$
772-2326-212 2007-001148 EVIDENCE 01/09/07 235.00$
772-2326-212 2007-001148 EVIDENCE 01/09/07 358.00$
772-2326-212 2007-001890 EVIDENCE 01/15/07 98.00$
772-2326-212 2007-001982 EVIDENCE 01/16/07 666.78$
772-2326-212 2007-002205 EVIDENCE 01/18/07 443.00$
772-2326-212 2007-002743 EVIDENCE 01/22/07 41.00$
772-2326-212 2007-002743 EVIDENCE 01/22/07 48.00$
772-2326-212 2007-002743 EVIDENCE 01/22/07 550.00$
772-2326-212 2007-003839 EVIDENCE 01/30/07 56.00$
772-2326-212 2007-003868 EVIDENCE 01/31/07 88.00$
772-2326-212 2007-004263 EVIDENCE 02/02/07 87.00$
772-2326-212 2007-004525 EVIDENCE 02/05/07 217.18$
772-2326-212 2007-004599 EVIDENCE 02/05/07 17.00$
772-2326-212 2007-004599 EVIDENCE 02/05/07 1,146.00$
772-2326-212 2007-004888 EVIDENCE 02/07/07 140.00$
772-2326-212 2007-005453 EVIDENCE 02/11/07 40.00$
772-2326-212 2007-005816 EVIDENCE 02/14/07 274.00$
772-2326-212 2007-006050 EVIDENCE 02/15/07 33.00$
772-2326-212 2007-007123 EVIDENCE 02/23/07 689.00$
772-2326-212 2007-007485 EVIDENCE 03/04/07 51.00$
772-2326-212 2007-008255 EVIDENCE 03/04/07 758.00$
772-2326-212 2007-008572 EVIDENCE 03/06/07 21.19$
772-2326-212 2007-008610 EVIDENCE 03/06/07 67.00$
772-2326-212 2007-008612 EVIDENCE 03/06/07 61.00$
772-2326-212 2007-009537 EVIDENCE 03/13/07 17.35$
772-2326-212 2007-009675 EVIDENCE 03/14/07 21.00$
Page 19
31.b
Packet Pg. 979 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2007-010464 EVIDENCE 03/20/07 16.25$
772-2326-212 2007-010511 EVIDENCE 03/21/07 558.00$
772-2326-212 2007-010963 EVIDENCE 03/24/07 25.00$
772-2326-212 2007-011515 EVIDENCE 03/28/07 81.00$
772-2326-212 2007-011587 EVIDENCE 03/29/07 42.00$
772-2326-212 2007-011671 EVIDENCE 03/29/07 94.51$
772-2326-212 2007-011839 EVIDENCE 03/30/07 600.00$
772-2326-212 2007-014073 EVIDENCE 04/16/07 445.00$
772-2326-212 2007-014310 EVIDENCE 04/18/07 111.00$
772-2326-212 2007-015160 EVIDENCE 04/24/07 63.00$
772-2326-212 2007-015211 EVIDENCE 04/24/07 60.00$
772-2326-212 2007-015417 EVIDENCE 04/26/07 71.40$
772-2326-212 2007-017331 EVIDENCE 05/09/07 40.00$
772-2326-212 2007-017615 EVIDENCE 05/11/07 146.00$
772-2326-212 2007-017813 EVIDENCE 05/12/07 68.00$
772-2326-212 2007-018253 EVIDENCE 05/15/07 49.00$
772-2326-212 2007-019780 EVIDENCE 05/26/07 15.00$
772-2326-212 2007-020970 EVIDENCE 06/05/07 66.00$
772-2326-212 2007-020991 EVIDENCE 06/05/07 40.00$
772-2326-212 2007-021059 EVIDENCE 06/06/07 30.00$
772-2326-212 2007-021563 EVIDENCE 06/10/07 20.00$
772-2326-212 2007-021907 EVIDENCE 06/12/07 54.00$
772-2326-212 2007-022849 EVIDENCE 06/19/07 93.00$
772-2326-212 2007-023601 EVIDENCE 06/25/07 46.00$
772-2326-212 2007-023838 EVIDENCE 07/05/07 90.00$
772-2326-212 2007-026911 EVIDENCE 07/19/07 74.00$
772-2326-212 2007-028972 EVIDENCE 08/03/07 15.00$
772-2326-212 2007-029811 EVIDENCE 08/08/07 45.00$
772-2326-212 2007-029969 EVIDENCE 08/04/07 64.00$
772-2326-212 2007-033368 EVIDENCE 09/04/07 101.00$
772-2326-212 2007-034378 EVIDENCE 09/11/07 624.00$
772-2326-212 2007-034514 EVIDENCE 09/12/07 47.00$
772-2326-212 2007-034714 EVIDENCE 09/14/07 54.00$
772-2326-212 2007-035314 EVIDENCE 09/18/07 32.00$
772-2326-212 2007-035793 EVIDENCE 09/21/07 80.00$
772-2326-212 2007-035984 EVIDENCE 09/26/07 155.78$
772-2326-212 2007-035984 EVIDENCE 09/26/07 563.00$
772-2326-212 2007-036287 EVIDENCE 09/25/07 266.00$
772-2326-212 2007-036699 EVIDENCE 09/28/07 170.00$
772-2326-212 2007-039135 EVIDENCE 10/18/07 500.00$
772-2326-212 2007-040371 EVIDENCE 10/28/07 90.00$
772-2326-212 2007-040685 EVIDENCE 10/31/07 180.00$
772-2326-212 2007-040798 EVIDENCE 10/31/07 610.00$
772-2326-212 2007-040956 EVIDENCE 11/01/07 190.00$
Page 20
31.b
Packet Pg. 980 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2007-041328 EVIDENCE 11/04/07 2,100.00$
772-2326-212 2007-041411 EVIDENCE 11/13/07 172.00$
772-2326-212 2007-041462 EVIDENCE 11/05/07 205.00$
772-2326-212 2007-041624 EVIDENCE 11/07/07 99.00$
772-2326-212 2007-041824 EVIDENCE 11/08/07 1,120.00$
772-2326-212 2007-041994 EVIDENCE 11/10/07 56.00$
772-2326-212 2007-042652 EVIDENCE 11/15/07 25.00$
772-2326-212 2007-043389 EVIDENCE 11/30/07 35.00$
772-2326-212 2007-043389 EVIDENCE 11/30/07 127.00$
772-2326-212 2007-043587 EVIDENCE 11/21/07 49.00$
772-2326-212 2007-044703 EVIDENCE 12/01/07 20.00$
772-2326-212 2007-044812 EVIDENCE 12/01/07 115.00$
772-2326-212 2007-044951 EVIDENCE 12/02/07 52.00$
772-2326-212 2007-045012 EVIDENCE 12/03/07 21.00$
772-2326-212 2007-046079 EVIDENCE 12/11/07 176.00$
772-2326-212 2007-046107 EVIDENCE 12/19/07 866.00$
772-2326-212 2007-046367 EVIDENCE 12/13/07 391.00$
772-2326-212 2007-047611 EVIDENCE 12/23/07 131.00$
772-2326-212 2007-047875 EVIDENCE 12/26/07 29.00$
772-2326-212 2007-048532 EVIDENCE 12/31/07 77.00$
772-2326-212 2007-04888 EVIDENCE 02/07/07 101.00$
772-2326-212 2008-000500 EVIDENCE 01/04/08 146.00$
772-2326-212 2008-004605 EVIDENCE 02/06/08 667.00$
772-2326-212 2008-004681 EVIDENCE 02/07/08 457.00$
772-2326-212 2008-005438 EVIDENCE 02/13/08 40.00$
772-2326-212 2008-005726 EVIDENCE 02/16/08 75.00$
772-2326-212 2008-005726 EVIDENCE 02/15/08 131.00$
772-2326-212 2008-006014 EVIDENCE 02/08/08 319.00$
772-2326-212 2008-007022 EVIDENCE 02/27/08 141.00$
772-2326-212 2008-009110 EVIDENCE 03/13/08 136.85$
772-2326-212 2008-009493 EVIDENCE 03/16/08 113.00$
772-2326-212 2008-010827 EVIDENCE 03/27/08 620.00$
772-2326-212 2008-012253 EVIDENCE 04/09/08 35.00$
772-2326-212 2008-012624 EVIDENCE 04/24/08 275.00$
772-2326-212 2008-013292 EVIDENCE 04/30/08 350.00$
772-2326-212 2008-013792 EVIDENCE 04/21/08 157.68$
772-2326-212 2008-014028 EVIDENCE 04/23/08 34.00$
772-2326-212 2008-014096 EVIDENCE 04/23/08 25.00$
772-2326-212 2008-014121 EVIDENCE 04/23/08 300.00$
772-2326-212 2008-014121 EVIDENCE 04/23/08 541.00$
772-2326-212 2008-015108 EVIDENCE 05/01/08 227.00$
772-2326-212 2008-015211 EVIDENCE 05/16/08 541.00$
772-2326-212 2008-016347 EVIDENCE 05/11/08 398.50$
772-2326-212 2008-016918 EVIDENCE 05/28/08 521.00$
Page 21
31.b
Packet Pg. 981 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2008-016920 EVIDENCE 05/15/08 55.00$
772-2326-212 2008-017300 EVIDENCE 05/18/08 212.00$
772-2326-212 2008-017326 EVIDENCE 05/19/08 202.00$
772-2326-212 2008-017527 EVIDENCE 05/20/08 215.00$
772-2326-212 2008-017546 EVIDENCE 05/20/08 666.00$
772-2326-212 2008-017562 EVIDENCE 06/19/08 179.00$
772-2326-212 2008-017833 EVIDENCE 05/23/08 200.23$
772-2326-212 2008-018337 EVIDENCE 05/27/08 730.00$
772-2326-212 2008-018760 EVIDENCE 05/30/08 30.00$
772-2326-212 2008-019280 EVIDENCE 06/19/08 22.00$
772-2326-212 2008-020177 EVIDENCE 06/10/08 710.00$
772-2326-212 2008-020327 EVIDENCE 06/11/08 170.00$
772-2326-212 2008-020667 EVIDENCE 06/14/08 201.00$
772-2326-212 2008-021056 EVIDENCE 06/17/08 54.77$
772-2326-212 2008-021225 EVIDENCE 06/18/08 246.00$
772-2326-212 2008-021942 EVIDENCE 07/10/08 600.00$
772-2326-212 2008-022439 EVIDENCE 06/28/08 185.41$
772-2326-212 2008-022494 EVIDENCE 06/29/08 306.67$
772-2326-212 2008-026167 EVIDENCE 07/26/08 20.00$
772-2326-212 2008-027740 EVIDENCE 08/20/08 685.00$
772-2326-212 2008-028224 EVIDENCE 08/12/08 20.00$
772-2326-212 2008-029215 EVIDENCE 08/19/08 515.00$
772-2326-212 2008-030277 EVIDENCE 10/01/08 464.00$
772-2326-212 2008-031548 EVIDENCE 05/07/08 15.00$
772-2326-212 2008-032389 EVIDENCE 09/13/08 30.00$
772-2326-212 2008-036366 EVIDENCE 10/16/08 40.00$
772-2326-212 2008-037728 EVIDENCE 10/28/08 124.00$
772-2326-212 2008-038025 EVIDENCE 10/31/08 116.00$
772-2326-212 2008-038482 EVIDENCE 11/03/08 225.99$
772-2326-212 2008-038517 EVIDENCE 11/04/08 54.00$
772-2326-212 2008-038623 EVIDENCE 11/04/08 53.00$
772-2326-212 2008-038869 EVIDENCE 11/06/08 15.00$
772-2326-212 2008-039679 EVIDENCE 11/13/08 301.00$
772-2326-212 2008-040512 EVIDENCE 11/20/08 865.00$
772-2326-212 2008-041476 EVIDENCE 11/28/08 141.00$
772-2326-212 2009-000314 EVIDENCE 01/03/09 145.00$
772-2326-212 2009-000821 EVIDENCE 01/06/09 68.00$
772-2326-212 2009-000931 EVIDENCE 01/07/09 67.25$
772-2326-212 2009-000975 EVIDENCE 01/07/09 106.00$
772-2326-212 2009-001041 EVIDENCE 01/08/09 275.00$
772-2326-212 2009-003756 EVIDENCE 01/29/09 50.00$
772-2326-212 2009-004229 EVIDENCE 02/03/09 203.00$
772-2326-212 2009-004493 EVIDENCE 02/04/09 979.00$
772-2326-212 2009-004558 EVIDENCE 02/05/09 32.00$
Page 22
31.b
Packet Pg. 982 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2009-006721 EVIDENCE 02/24/09 205.00$
772-2326-212 2009-006963 EVIDENCE 02/27/09 20.00$
772-2326-212 2009-008108 EVIDENCE 03/09/09 115.00$
772-2326-212 2009-008293 EVIDENCE 03/11/09 35.86$
772-2326-212 2009-009542 EVIDENCE 03/22/09 385.00$
772-2326-212 2009-009552 EVIDENCE 03/22/09 60.00$
772-2326-212 2009-009747 EVIDENCE 03/23/09 94.00$
772-2326-212 2009-009933 EVIDENCE 03/25/09 41.00$
772-2326-212 2009-010868 EVIDENCE 04/01/09 200.00$
772-2326-212 2009-010925 EVIDENCE 04/02/09 200.00$
772-2326-212 2009-011540 EVIDENCE 04/08/09 294.00$
772-2326-212 2009-011651 EVIDENCE 04/08/09 36.00$
772-2326-212 2009-011740 EVIDENCE 04/09/09 104.00$
772-2326-212 2009-012743 EVIDENCE 04/18/09 100.00$
772-2326-212 2009-012760 EVIDENCE 04/19/09 106.00$
772-2326-212 2009-013933 EVIDENCE 04/28/09 65.00$
772-2326-212 2009-014360 EVIDENCE 05/01/09 440.00$
772-2326-212 2009-015521 EVIDENCE 05/11/09 1,750.00$
772-2326-212 2009-015620 EVIDENCE 05/12/09 60.00$
772-2326-212 2009-016265 EVIDENCE 05/16/09 126.00$
772-2326-212 2009-017328 EVIDENCE 06/10/09 200.00$
772-2326-212 2009-017708 EVIDENCE 06/02/09 100.00$
772-2326-212 2009-018420 EVIDENCE 09/10/09 939.00$
772-2326-212 2009-018712 EVIDENCE 06/06/09 725.00$
772-2326-212 2009-019093 EVIDENCE 06/09/09 16.00$
772-2326-212 2009-019093 EVIDENCE 06/16/09 180.00$
772-2326-212 2009-020085 EVIDENCE 06/25/09 369.00$
772-2326-212 2009-021839 EVIDENCE 07/03/09 86.00$
772-2326-212 2009-024695 EVIDENCE 07/30/09 19.41$
772-2326-212 2009-024847 EVIDENCE 03/18/09 357.00$
772-2326-212 2009-025572 EVIDENCE 08/07/09 49.00$
772-2326-212 2009-027431 EVIDENCE 08/23/09 271.00$
772-2326-212 2009-029127 EVIDENCE 09/07/09 38.25$
772-2326-212 2009-029769 EVIDENCE 09/13/09 41.50$
772-2326-212 2009-030111 EVIDENCE 09/16/09 80.00$
772-2326-212 2009-031164 EVIDENCE 09/26/09 44.00$
772-2326-212 2009-032705 EVIDENCE 10/11/09 92.00$
772-2326-212 2009-034420 EVIDENCE 10/26/09 415.00$
772-2326-212 2009-037860 EVIDENCE 11/27/09 63.00$
772-2326-212 2009-040855 EVIDENCE 12/27/09 65.00$
772-2326-212 2010-000399 EVIDENCE 01/05/10 105.00$
772-2326-212 2010-000439 EVIDENCE 01/21/10 169.00$
772-2326-212 2010-003045 EVIDENCE 01/28/10 15.00$
772-2326-212 2010-003051 EVIDENCE 01/28/10 330.00$
Page 23
31.b
Packet Pg. 983 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2010-004050 EVIDENCE 02/05/10 422.00$
772-2326-212 2010-004244 EVIDENCE 02/11/10 50.00$
772-2326-212 2010-004453 EVIDENCE 02/09/10 750.00$
772-2326-212 2010-004788 EVIDENCE 02/25/10 50.00$
772-2326-212 2010-004788 EVIDENCE 03/02/10 84.00$
772-2326-212 2010-004847 EVIDENCE 02/12/10 140.00$
772-2326-212 2010-005213 EVIDENCE 02/22/10 577.00$
772-2326-212 2010-006191 EVIDENCE 02/25/10 40.00$
772-2326-212 2010-007200 EVIDENCE 03/06/10 237.00$
772-2326-212 2010-008803 EVIDENCE 03/22/10 35.00$
772-2326-212 2010-011440 EVIDENCE 04/14/10 19.41$
772-2326-212 2010-011440 EVIDENCE 04/14/10 293.11$
772-2326-212 2010-011685 EVIDENCE 04/16/10 21.00$
772-2326-212 2010-012348 EVIDENCE 04/22/10 67.00$
772-2326-212 2010-012475 EVIDENCE 04/23/10 112.00$
772-2326-212 2010-012586 EVIDENCE 04/25/10 31.00$
772-2326-212 2010-012586 EVIDENCE 04/25/10 572.00$
772-2326-212 2010-012973 EVIDENCE 05/12/10 140.00$
772-2326-212 2010-012973 EVIDENCE 05/12/10 344.00$
772-2326-212 2010-014221 EVIDENCE 05/09/10 617.10$
772-2326-212 2010-014571 EVIDENCE 05/12/10 29.00$
772-2326-212 2010-015076 EVIDENCE 05/16/10 690.00$
772-2326-212 2010-015095 EVIDENCE 05/16/10 769.00$
772-2326-212 2010-016095 EVIDENCE 05/25/10 178.00$
772-2326-212 2010-017460 EVIDENCE 06/07/10 31.00$
772-2326-212 2010-018204 EVIDENCE 06/14/10 295.00$
772-2326-212 2010-019826 EVIDENCE 07/01/10 90.00$
772-2326-212 2010-020498 EVIDENCE 07/07/10 50.00$
772-2326-212 2010-021155 EVIDENCE 07/13/10 73.00$
772-2326-212 2010-021509 EVIDENCE 07/16/10 32.00$
772-2326-212 2010-022397 EVIDENCE 07/24/10 239.00$
772-2326-212 2010-022515 EVIDENCE 07/25/10 206.00$
772-2326-212 2010-022899 EVIDENCE 07/29/10 50.00$
772-2326-212 2010-023179 EVIDENCE 07/31/10 305.00$
772-2326-212 2010-023344 EVIDENCE 11/01/10 89.00$
772-2326-212 2010-023625 EVIDENCE 08/05/10 75.00$
772-2326-212 2010-024026 EVIDENCE 08/08/10 734.00$
772-2326-212 2010-024626 EVIDENCE 08/14/10 40.00$
772-2326-212 2010-029494 EVIDENCE 09/26/10 51.00$
772-2326-212 2010-030048 EVIDENCE 09/30/10 80.00$
772-2326-212 2010-031347 EVIDENCE 10/14/10 38.00$
772-2326-212 2010-031691 EVIDENCE 10/16/10 75.00$
772-2326-212 2010-033905 EVIDENCE 11/07/10 211.00$
772-2326-212 2010-033921 EVIDENCE 11/07/10 41.00$
Page 24
31.b
Packet Pg. 984 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 2010-034388 EVIDENCE 11/11/10 282.00$
772-2326-212 2010-31495 EVIDENCE 10/15/10 16.63$
772-2326-212 2011-008450 EVIDENCE 03/26/11 245.00$
772-2326-212 96-41986 EVIDENCE 08/22/96 23.00$
EVIDENCE Total 340,411.97$
772-2326-212 09-5454 FOUND PROPERTY 02/13/09 40.00$
772-2326-212 10-9974 FOUND PROPERTY 04/01/10 125.00$
772-2326-212 05-52270 FOUND PROPERTY 11/23/05 60.00$
772-2326-212 07-14816q FOUND PROPERTY 04/26/07 505.00$
772-2326-212 07-40961 FOUND PROPERTY 11/09/07 165.00$
772-2326-212 07-47704 FOUND PROPERTY 12/24/07 175.00$
772-2326-212 08-10486 FOUND PROPERTY 03/25/08 148.00$
772-2326-212 08-10902 FOUND PROPERTY 06/01/08 35.00$
772-2326-212 08-16243 FOUND PROPERTY 05/10/08 29.00$
772-2326-212 08-42071 FOUND PROPERTY 12/03/08 100.00$
772-2326-212 09-11778 FOUND PROPERTY 04/09/09 40.00$
772-2326-212 09-15357 FOUND PROPERTY 05/09/09 311.00$
772-2326-212 09-20577 FOUND PROPERTY 06/22/09 34.58$
772-2326-212 09-24236 FOUND PROPERTY 07/25/09 269.00$
772-2326-212 09-43.49 FOUND PROPERTY 02/03/09 83.51$
772-2326-212 10-29099 FOUND PROPERTY 09/22/10 36.00$
772-2326-212 11-15124 FOUND PROPERTY 06/01/11 40.00$
772-2326-212 11-21157 FOUND PROPERTY 07/29/11 20.00$
772-2326-212 11-22406 FOUND PROPERTY 08/11/11 16.06$
772-2326-212 11-22468 FOUND PROPERTY 08/10/11 15.00$
772-2326-212 11-30105 FOUND PROPERTY 10/23/11 38.00$
772-2326-212 11-42918 FOUND PROPERTY 12/20/11 21.00$
772-2326-212 12-110810 FOUND PROPERTY 08/30/12 40.02$
772-2326-212 12-136891 FOUND PROPERTY 11/13/12 90.00$
772-2326-212 12-154137 FOUND PROPERTY 12/21/12 220.00$
772-2326-212 12-56917 FOUND PROPERTY 05/31/12 17.00$
772-2326-212 13-111423 FOUND PROPERTY 09/05/13 30.00$
772-2326-212 13-126400 FOUND PROPERTY 10/09/13 13,953.00$
772-2326-212 13-131133 FOUND PROPERTY 07/28/13 35.00$
772-2326-212 13-144937 FOUND PROPERTY 11/27/13 20.00$
772-2326-212 13-6610 FOUND PROPERTY 01/16/13 15.00$
772-2326-212 14-111195 FOUND PROPERTY 04/20/14 64.55$
772-2326-212 14-35944 FOUND PROPERTY 03/27/17 174.67$
772-2326-212 14-40887 FOUND PROPERTY 04/07/14 64.01$
772-2326-212 14-5927 FOUND PROPERTY 01/15/14 75.00$
772-2326-212 15-107184 FOUND PROPERTY 09/25/15 100.00$
772-2326-212 15-111792 FOUND PROPERTY 10/07/15 22.60$
772-2326-212 15-123234 FOUND PROPERTY 11/06/15 230.00$
772-2326-212 15-129879 FOUND PROPERTY 11/23/15 36.30$
Page 25
31.b
Packet Pg. 985 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 15-38955 FOUND PROPERTY 05/22/15 45.00$
772-2326-212 15-43292 FOUND PROPERTY 04/22/15 37.43$
772-2326-212 15-43292 FOUND PROPERTY 04/22/15 431.00$
772-2326-212 15-7281 FOUND PROPERTY 01/20/15 400.00$
772-2326-212 15-94109 FOUND PROPERTY 08/28/15 300.00$
772-2326-212 16-10577 FOUND PROPERTY 12/13/16 20.00$
772-2326-212 16-111999 FOUND PROPERTY 03/24/17 155.75$
772-2326-212 16-117769 FOUND PROPERTY 10/29/16 50.00$
772-2326-212 16-134958 FOUND PROPERTY 12/13/16 32.00$
772-2326-212 16-216 FOUND PROPERTY 01/01/16 152.00$
772-2326-212 16-2261 FOUND PROPERTY 01/07/16 20.00$
772-2326-212 16-34320 FOUND PROPERTY 04/05/16 15.00$
772-2326-212 16-37998 FOUND PROPERTY 04/13/16 480.00$
772-2326-212 16-44765 FOUND PROPERTY 09/12/16 271.47$
772-2326-212 16-59003 FOUND PROPERTY 08/13/16 442.02$
772-2326-212 16-62817 FOUND PROPERTY 06/14/16 111.73$
772-2326-212 16-62817 FOUND PROPERTY 06/14/16 848.00$
772-2326-212 16-85205 FOUND PROPERTY 08/10/16 75.97$
772-2326-212 16-90081 FOUND PROPERTY 08/19/16 417.00$
772-2326-212 17-39931 FOUND PROPERTY 04/07/17 1,070.00$
772-2326-212 17-54161 FOUND PROPERTY 05/11/17 35.00$
772-2326-212 17-63340 FOUND PROPERTY 06/02/17 20.00$
772-2326-212 2005-045269 FOUND PROPERTY 10/08/05 100.00$
772-2326-212 2005-047432 FOUND PROPERTY 10/22/05 120.00$
772-2326-212 2006-038794 FOUND PROPERTY 09/27/06 95.00$
772-2326-212 2011-008692 FOUND PROPERTY 03/29/11 40.00$
FOUND PROPERTY Total 23,277.67$
772-2326-212 07-1992 SAFE KEEPING 01/16/07 67.85$
772-2326-212 07-2107 SAFE KEEPING 01/17/07 120.50$
772-2326-212 08-3697 SAFE KEEPING 05/08/08 71.10$
772-2326-212 09-3858 SAFE KEEPING 01/30/09 130.05$
772-2326-212 10-4346 SAFE KEEPING 02/11/10 20.35$
772-2326-212 08-4560 SAFE KEEPING 02/07/08 20.00$
772-2326-212 10-4663 SAFE KEEPING 02/11/10 15.00$
772-2326-212 09-4765 SAFE KEEPING 02/06/09 111.00$
772-2326-212 07-6770 SAFE KEEPING 08/22/07 35.78$
772-2326-212 08-7266 SAFE KEEPING 03/14/08 36.00$
772-2326-212 09-7365 SAFE KEEPING 03/02/09 205.31$
772-2326-212 10-8171 SAFE KEEPING 03/24/10 21.00$
772-2326-212 10-8728 SAFE KEEPING 01/03/11 100.00$
772-2326-212 11-9056 SAFE KEEPING 04/01/11 230.00$
772-2326-212 07-9266 SAFE KEEPING 03/11/07 36.67$
772-2326-212 07-9442 SAFE KEEPING 03/13/07 86.00$
772-2326-212 04-39450 SAFE KEEPING 10/11/04 100.85$
Page 26
31.b
Packet Pg. 986 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 06-41049 SAFE KEEPING 05/12/06 59.00$
772-2326-212 06-44595 SAFE KEEPING 11/06/06 20.00$
772-2326-212 07-11015 SAFE KEEPING 03/25/07 395.00$
772-2326-212 07-12684 SAFE KEEPING 04/05/07 33.20$
772-2326-212 07-16689 SAFE KEEPING 05/06/07 35.00$
772-2326-212 07-29819 SAFE KEEPING 08/08/07 20.00$
772-2326-212 07-34564 SAFE KEEPING 09/14/07 20.06$
772-2326-212 07-36875 SAFE KEEPING 09/30/07 75.00$
772-2326-212 07-39013 SAFE KEEPING 10/19/07 27.86$
772-2326-212 07-41265 SAFE KEEPING 11/05/07 16.16$
772-2326-212 07-43395 SAFE KEEPING 11/20/07 189.00$
772-2326-212 08-36656 SAFE KEEPING 10/18/08 19.84$
772-2326-212 08-39406 SAFE KEEPING 11/11/08 301.00$
772-2326-212 08-43217 SAFE KEEPING 12/13/08 22.00$
772-2326-212 09-10313 SAFE KEEPING 04/03/09 180.25$
772-2326-212 09-11211 SAFE KEEPING 04/07/09 20.00$
772-2326-212 09-22112 SAFE KEEPING 07/08/09 30.00$
772-2326-212 09-25739 SAFE KEEPING 08/08/09 75.72$
772-2326-212 09-25757 SAFE KEEPING 08/09/09 43.00$
772-2326-212 09-35283 SAFE KEEPING 11/17/09 20.00$
772-2326-212 10-21716 SAFE KEEPING 07/18/10 25.00$
772-2326-212 10-21907 SAFE KEEPING 08/17/10 307.00$
772-2326-212 10-25431 SAFE KEEPING 08/21/10 64.00$
772-2326-212 10-31252 SAFE KEEPING 10/13/10 90.00$
772-2326-212 10-38700 SAFE KEEPING 12/23/10 272.00$
772-2326-212 11-13755 SAFE KEEPING 05/19/11 65.60$
772-2326-212 11-14506 SAFE KEEPING 05/26/11 101.00$
772-2326-212 11-23949 SAFE KEEPING 08/24/11 32.31$
772-2326-212 11-28766 SAFE KEEPING 07/21/11 22.02$
772-2326-212 11-33354 SAFE KEEPING 11/26/11 20.00$
772-2326-212 12-123166 SAFE KEEPING 09/30/12 35.00$
772-2326-212 12-334 SAFE KEEPING 03/03/12 16.08$
772-2326-212 12-51678 SAFE KEEPING 04/22/12 41.00$
772-2326-212 12-62679 SAFE KEEPING 05/15/12 100.00$
772-2326-212 12-73030 SAFE KEEPING 06/06/12 20.00$
772-2326-212 12-75317 SAFE KEEPING 06/12/12 22.81$
772-2326-212 12-80771 SAFE KEEPING 06/23/12 61.00$
772-2326-212 12-85075 SAFE KEEPING 07/02/12 89.00$
772-2326-212 13-100144 SAFE KEEPING 08/10/13 20.23$
772-2326-212 13-100144 SAFE KEEPING 08/10/13 26.00$
772-2326-212 13-123621 SAFE KEEPING 10/15/13 186.30$
772-2326-212 13-146648 SAFE KEEPING 11/28/13 110.19$
772-2326-212 13-85771 SAFE KEEPING 07/10/13 41.00$
772-2326-212 13-86925 SAFE KEEPING 02/06/14 50.00$
Page 27
31.b
Packet Pg. 987 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
City of San Bernardino
Proposed Unclaimed Funds (Pursuant to California Government Code: Section 50050)
Fund/GL Account Case #Description Date Amount
772-2326-212 13-94509 SAFE KEEPING 07/28/13 35.54$
772-2326-212 13-99736 SAFE KEEPING 08/09/13 51.00$
772-2326-212 14-21588 SAFE KEEPING 02/22/14 228.00$
772-2326-212 14-36112 SAFE KEEPING 03/27/14 100.00$
772-2326-212 14-42679 SAFE KEEPING 04/11/14 300.00$
772-2326-212 14-56306 SAFE KEEPING 05/13/14 20.00$
772-2326-212 14-62964 SAFE KEEPING 05/29/14 2,845.27$
772-2326-212 14-86127 SAFE KEEPING 07/21/14 40.26$
772-2326-212 15-105746 SAFE KEEPING 09/22/15 20.00$
772-2326-212 15-121430 SAFE KEEPING 10/31/15 89.00$
772-2326-212 15-19457 SAFE KEEPING 02/20/15 49.08$
772-2326-212 15-7835 SAFE KEEPING 01/21/15 38.96$
772-2326-212 15-78635 SAFE KEEPING 07/17/15 19.00$
772-2326-212 15-83569 SAFE KEEPING 07/28/15 844.00$
772-2326-212 15-94179 SAFE KEEPING 08/24/15 20.00$
772-2326-212 15-98563 SAFE KEEPING 09/04/15 461.00$
772-2326-212 16-127634 SAFE KEEPING 05/07/17 226.75$
772-2326-212 16-129710 SAFE KEEPING 12/16/16 21.00$
772-2326-212 16-137995 SAFE KEEPING 12/21/16 20.00$
772-2326-212 16-15021 SAFE KEEPING 02/12/16 350.00$
772-2326-212 16-1998 SAFE KEEPING 01/06/16 40.25$
772-2326-212 16-35474 SAFE KEEPING 04/06/16 39.00$
772-2326-212 16-42709 SAFE KEEPING 04/25/16 80.00$
772-2326-212 16-43381 SAFE KEEPING 08/01/16 2,380.00$
772-2326-212 16-54779 SAFE KEEPING 11/01/16 15.00$
772-2326-212 16-59623 SAFE KEEPING 06/09/16 15.00$
772-2326-212 16-63349 SAFE KEEPING 06/16/16 20.00$
772-2326-212 16-83710 SAFE KEEPING 08/04/16 20.00$
772-2326-212 16-96505 SAFE KEEPING 09/05/16 303.00$
772-2326-212 17-39099 SAFE KEEPING 04/05/17 22.45$
772-2326-212 2005-49619 SAFE KEEPING 11/06/05 91.65$
772-2326-212 2006-008928 SAFE KEEPING 03/06/06 50.04$
772-2326-212 2006-021697 SAFE KEEPING 06/01/06 123.58$
772-2326-212 2006-028065 SAFE KEEPING 07/14/06 200.00$
772-2326-212 2006-043963 SAFE KEEPING 11/02/06 48.88$
772-2326-212 2007-004323 SAFE KEEPING 02/03/07 100.00$
772-2326-212 2007-011780 SAFE KEEPING 03/30/07 56.00$
772-2326-212 2007-039930 SAFE KEEPING 10/25/07 20.00$
772-2326-212 2008-011419 SAFE KEEPING 04/01/08 20.50$
772-2326-212 2008-017093 SAFE KEEPING 05/17/08 50.00$
772-2326-212 2009-040253 SAFE KEEPING 12/20/09 420.00$
772-2326-212 2012-043645 SAFE KEEPING 04/05/12 201.00$
SAFE KEEPING Total 14,922.30$
Grand Total 378,611.94$
Page 28
31.b
Packet Pg. 988 Attachment: Attachment 2 - Exhibit A to Resolution 2021-155 (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of
CITY OF SAN BERNARDINO
FINANCE DEPARTMENT
ESCHEATMENT POLICY FOR UNCLAIMED MONEY
I. Purpose
This Policy, working in conjunction with the City’s Water Department , is established to
provide for the escheatment of unclaimed money, including unclaimed checks, to the City
consistent with the provisions of state law, including California Government Code
Sections 50050 through 50056. In the event of any conflict between the provisions of the
state law and this Policy, the provisions of state law shall prevail.
II. Scope
This Policy applies to the City’s Finance Department.
III. Policy Procedures
A. Money that is not the property of the City, excluding restitution to victims, that remains
unclaimed for a period of more than three (3) years shall become the property of the City
forty-five (45) days after publication of the notice described in Paragraph C. below.
Money that is not the property of the City that is restitution to victims which is unclaimed
for a period of more than (3) years shall be deposited into the Restitution Fund or used
by the City for victim services after the City documents that it made a reasonable effort to
locate and notify the victim to whom the restitution is owed.
(Government Code Sections 50050 and 50051)
B. On a quarterly basis, the City’s Finance Director and the Water Department’s Director of
Finance, or their designees, shall meet to review a listing of the unclaimed money held
by the City and the Department to coordinate the appropriate notice.
C. At any time following the expiration of the three (3) year period described in Paragraph A.
above, the City’s Finance Director may cause a notice to be published once a week for
two successive weeks in a newspaper of general circulation published in the City or on
its website.
(Government Code Section 50050)
D. The notice shall include the following information:
a. The individual or business name as shown on the issued check.
b. The amount of the issued check.
c. The fund in which it is held.
d. A statement announcing that the money shall become the property of the City on
the date that is forty-five (45) days after the first publication of the notice.
(Government Code Section 50051)
31.c
Packet Pg. 989 Attachment: Attachment 3 - Escheatment Policy (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed Money
City of San Bernardino – Escheatment Policy Page 2 of 3
E. A party of interest may file a claim at any time until the date on which the money
becomes the property of the City as provided in Paragraph A. above. The claim form
must include the following information:
a. The claimant’s name, address, telephone number, and Social Security Number or
Federal Employer Identification Number.
b. Proof of identity such as a copy of a driver’s license, social security card or birth
certificate.
c. Amount of the claim.
d. The grounds on which the claim is founded.
(Government Code Section 50052)
F. Upon receipt of the information and documents described in Paragraph E. above prior to
the date the unclaimed money becomes the property of the City, the Finance Director
may release the money (by issuance of a new check, for example) to the depositor, or
heir, beneficiary, or duly appointed representative. The claim shall be presented to the
Finance Director in affidavit form and signed under penalty of perjury. The claimant, to be
entitled to the entire escheated estate, needs only to establish with documentary proof
the existence of a blood relationship to either the decedent or of the predeceased
spouse, if any, and the documentary proof, if regular on its face, need not be certified.
The Finance Director may rely in good faith on the sworn statements made in the claim
and shall have no duty to inquire into the truth or credibility of evidence submitted ;
payment shall completely discharge the Finance Director from any liability.
(Government Code Section 50052.5(a) and 50052.5(d))
G. Upon rejection of a claim by the Finance Director, a claimant may file a verified complaint
seeking to recover all, or a designated part, of the money in San Bernardino County
Superior Court. The complaint and summons must be served on the Finance Director
within thirty (30) days of claimant receiving notice that the claim was rejected. The
Finance Director shall withhold the release of the portion of unclaimed money for which a
court action has been filed until a decision is rendered by the court.
(Government Code Section 50052)
H. Unless otherwise required by law (e.g., where the claimant has served the Finance
Director with a timely complaint as described in Paragraph G above or where the money
is for victim restitution as described in Paragraph A ), upon unclaimed money becoming
the property of the City, the funds shall be returned to the originating fund. To the extent
such money is held in a special fund, the City Council may transfer it by resolution to the
General Fund.
(Government Code Section 50053)
I. Any individual item of less than fifteen ($15.00) dollars or any amount, if the depositor’s
name is unknown, which remains unclaimed for a period of one (1) year may be
transferred to the General Fund by the City Council without the necessity of public
notification in a newspaper or City website.
(Government Code Section 50055)
31.c
Packet Pg. 990 Attachment: Attachment 3 - Escheatment Policy (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed Money
City of San Bernardino – Escheatment Policy Page 3 of 3
J. The responsibilities of the Finance Director may be delegated by the Finance Director to
the department that maintains the supporting records of the uncleared checks based on
the initial receipt or deposit of that money or both.
(Government Code Section 50056)
31.c
Packet Pg. 991 Attachment: Attachment 3 - Escheatment Policy (7379 : Escheatment of Unclaimed Funds in Accordance with Escheatment of Unclaimed Money
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: February 2020, April & May 2021 City Board,Commission, &
Citizen Advisory Committee Approved Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the approved minutes from the City’s February 2020, April
2021 and May 2021, Boards, Commissions & Citizen Advisory Committee meetings.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s Boards, Commissions and Citizen Advisory Committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080 the approved minutes for the February 2020, April 2021 and May 2021 ,
Boards, Commissions & Citizen Advisory Committee meetings are presented for review
by the Mayor and City Council including the:
1. Charter Review Committee - February 18, 2020
2. Measure S Citizens Oversight Committee - April 19, 2021
3. Planning Commission - April 13, 2021
4. Public Safety and Human Relations Commission - April 12, 2021
5. Water Board - April 27, 2021; May 11, 2021
2020-2025 Key Strategic Targets and Goals
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 Key
Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture
that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
32
Packet Pg. 992
7381
Page 2
California, receive and file the approved minutes from the City’s February 2020, April
2021 and May 2021, Boards, Commissions & Citizen Advisory Committee meetings.
Attachments
Attachment 1 Approved minutes from the City’s February 2020, April 2021 and
May 2021, Boards, Commissions & Citizen Advisory Committee
Meetings
Ward: All
32
Packet Pg. 993
32.a
Packet Pg. 994 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 995 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 996 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 997 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 998 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 999 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1000 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1001 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1002 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1003 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1004 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1005 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1006 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1007 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1008 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1009 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1010 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1011 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1012 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1013 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1014 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1015 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1016 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1017 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1018 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1019 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
32.a
Packet Pg. 1020 Attachment: Attachment 1 - MCC.February 2020 and April.May 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-E).docx (7381 : February
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Letter of Support for FXI, Inc., for the California Competes Tax
Credit Application (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Letter of Support for FXI, Inc.
Background
The California Competes Tax Credit (CCTC) is an income tax credit that is available to
businesses that want to locate and establish in California or stay and grow in California.
Businesses of any industry, size or location can compete for available funds in tax
credits. Applicants are analyzed based on numerous factors including number of full -
time jobs being created, amount of investment and strategic importance to the region.
Discussion
FXI, Inc. is a local business that has been established in the City of San Bernardino
since 2015. As part of their CCTC Application, they propose to increase production, add
jobs and grow their current facility located at 300 S. Tippecanoe Ave.
FXI, Inc. has requested support from the City as part of their application submittal.
2020-2025 Key Strategic Targets and Goals
The Letter of Support for FXI, Inc. aligns with Key Target No. 4: Economic Growth &
Development. Supporting local businesses is an important part of retaining a nd
increasing revenue and local tax sources.
Fiscal Impact
There is no fiscal impact to the city to send a letter of support for SB 5, Affordable
Housing and Community Development Investment Program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Letter of Support for FXI, Inc.
33
Packet Pg. 1021
7382
Page 2
Attachments
Attachment 1 Letter of Support for California Competes Tax Credit
Ward: 1
33
Packet Pg. 1022
33.a
Packet Pg. 1023 Attachment: Attachment 1 - LOS.CA Competes Tax Credit Program.2021-6-16 (7382 : Letter of Support for FXI, Inc., for the California Competes
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Mitch Cochran, IT Director
Subject: Resolution to Authorize CALNET/Next Gen Contract for
Verizon Cellular & Data Network Services
Recommendation
Adopt Resolution 2021-156 of the Mayor and City Council for the City of San
Bernardino, California, authorizing the City Manager to execute the CALNET/Next Gen
Services contract with the State of California for the delivery of Verizon Cellular and
Data Network Services.
Background
The City has moved to Verizon Cellular phone services as the standard provider for cell
phone and data services. Verizon has been found to hav e the best coverage in the
local area. The mobile terminals in the Police vehicles use Verizon as the data network
provider. The City has a dedicated phone line to Verizon which allows for the police
mobile terminal data to come directly to the City from the Verizon central office.
Discussion
The City is currently paying based of off the State of California rates. The existing state -
wide contract has expired and the City needs to move to a new agreement.
The City will generally piggyback off of an existing competitively bid contract where
possible. Verizon has two existing available contracts: NASPO and CALNET. The
City’s purchasing code requires that contracts that are used for piggybacking are issued
within the last 12 months with a California agency acting as the lead agency. Since the
NASPO contract has Utah as the lead agency the only option is CALNET/Next Gen.
The State of California provides master agreements with multiple telecommunication
providers. Those contracts can provide pricing based on a larger base of users but it
does include a 1% administrative fee. It is expected that our net costs will be similar to
what we are paying now.
Staff is requesting Mayor and City Council to authorize the approval of use of the
CALNET/Next Gen telecommunications contract C4-CSD-19-001-03 Subcategory 19.2
which expires 5/22/2023.
34
Packet Pg. 1024
7383
Page 2
2020-2025 Key Strategic Targets and Goals
The authorization of statewide contract for telecommunication services supports Key
Target No. 1: Financial Stability. The services and agreements help to support the
creation and management of an asset management plan.
Fiscal Impact
The use of the new contract is expected to provide similar costs to what the City is
currently paying.
The cost for the annual usage of Verizon data is expected to be $230,000 for FY
2021/22 and is budgeted in: Verizon Cellular, Cell Phone Service, #679 250 0060 5155
679 250 0062 5157.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2021-156, authorizing the City Manager to execute the
CALNET/Next Gen Services contract with the State of California for the delivery of
Verizon Cellular and Data Network Services.
Attachments
Attachment 1 Resolution 2021-156
Attachment 2 CALNET/NEXT Gen Agreement Contract
Attachment 3 CALNET 19.2 Authorization to Order
Ward: All
Synopsis of Previous Council Actions: None
34
Packet Pg. 1025
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
AUTHORIZE THE CALNET 2 / NEXTGEN CONTRACT
FOR VERIZON CELLULAR SERVICES FOR FY 2021/22
WHEREAS, the City of San Bernardino contracts with mobile telecommunication
providers for cellular phone and data networks; and
WHEREAS, the City Council provides purchasing authorization for annual purchases of
an amount over $50,000 for a fiscal year; and
WHEREAS, the municipal purchasing code allows the use of nationally competitively
bid agreements within the last 12 months and lead by a California agency.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the CALNET 2 / NEXT
Gen agreement with the State of California for provision of Verizon cellular and data network
services for the life of the CALNET 2/ NEXT Gen agreement.
SECTION 2. 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 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
34.a
Packet Pg. 1026 Attachment: Attachment 1 - Resolution No. 2021-156 IT.verizon contract approval (7383 : Resolution to Authorize CALNET/Next Gen Contract
Resolution No. ___
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
34.a
Packet Pg. 1027 Attachment: Attachment 1 - Resolution No. 2021-156 IT.verizon contract approval (7383 : Resolution to Authorize CALNET/Next Gen Contract
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
34.a
Packet Pg. 1028 Attachment: Attachment 1 - Resolution No. 2021-156 IT.verizon contract approval (7383 : Resolution to Authorize CALNET/Next Gen Contract
Schedule A
Verizon Wireless
Pricing and Information Sheet
State of California CALNET Contract #C4-CVD-19-001-03
Subcategory 19.2
Scope. On May 23, 2019, Verizon Wireless and the State of California, acting through the California Department
of Technology, entered into agreement number C4-CVD-19-001-03 for wireless services (together with its
exhibits and any amendments, the "Contract"). The Contract includes terms allowing Verizon Wireless to provide
Eligible Entities Custom Service Plans (“CSP”). The Contract also allows for a transition of active lines of service
purchased under California Participating Addendum # 7-10-70-16 (“PA”). This Schedule A (“Schedule”) sets
forth the method by which Verizon Wireless may make CSPs available to the Eligible Entity listed on the
Signature Page contained within this Schedule (“Eligible Entity”) for purchase under the Contract. The Schedule
also outlines the manner by which the Eligible Entity’s active lines of service will be transitioned from the PA to
the Contract, and it lists the CSPs available for purchase by the Eligible Entity under the Contract. Verizon
Wireless reserves the right to make changes to CSPs and this Schedule in its sole discretion, including add,
discontinue, or alter any plan or Equipment (as defined below). Eligible Entity will be notified of any changes
that affect its then-current CSP and a new CSP Acknowledgement or equivalent documents will be processed.
All capitalized terms not defined in this Schedule will have the meaning provided in the Contract.
Equipment: Verizon Wireless is able to make equipment under CSPs (“Equipment”) available to the Eligible
Entity at significantly lower prices than the manufacturer’s list prices by offering various subsidies in exchange
for the Eligible Entity meeting certain conditions. If the Eligible Entity moves the Equipment to a Lesser Price
Plan (as defined below), or disconnects the Equipment from the Verizon network, at any time during the first 24
months after the Equipment is activated, the Eligible Entity must pay an Offer Recovery Fee (as defined below).
A Lesser Price Plan is any one of the following: (a) for smart phones, any plan that is less than $19.99 per month,
plus required data feature (voice and data bundles qualify) after any applicable discounts; (b) for internet devices,
any plan that is less than $19.99 per month after any applicable discounts; or (c) for basic phones, any plan that
is less than $14.99 per month after any applicable discounts. The Offer Recovery Fee is the difference between
the full retail price of the Equipment at time of purchase and the discounted price paid by the Eligible Entity for
the Equipment, plus any additional service discounts, credits, waived fees, and other offers provided, less 1/24 of
that amount for each month the Equipment was connected to the line of service at the original price plan.
Transition of California Participating Addendum # 7-10-70-16 (“PA”) Service Plans Contract: The Parties
agree to move identified active lines of service purchased under the PA by the Eligible Entity to the same 4G
cellular service plan(s) (each a “Service Plan”) available under the Contract. In the event a Service Plan purchased
under the PA is not available for new lines-of-service under the Contract (including for purchase through the
Site), the Eligible Entity will be allowed to continue with the Service Plan as a Customized Service Plan under
the Contract until the line of service is either a) terminated, b) suspended or is otherwise set to inactive for more
than 90 continuous days, or more than 180 days in any one year period, or c) moved to a different Service Plan
available for purchase under the Site or otherwise under the Contract. All Purchase Orders issued as of the
Effective Date must be placed under the Contract.
This Schedule together with the Contract set forth the entire agreement between the parties regarding the subject
matter contained herein, and supersedes any and all previous communications, representations or agreements,
whether oral or written. Any terms and conditions in a purchase order, acknowledgement, or any document other
than a duly executed amendment to this Schedule or Contract, that are different or in addition to the terms and
conditions of this Schedule or the Contract shall be deemed rejected and null and void.
Signature Page Follows
34.b
Packet Pg. 1029 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
Enter below the Eligible Entity information.
Print Name:
[Abstract]
Address:
Click here to enter text.
City:
Click here to enter text.
State:
Click here to enter
text.
Zip Code:
Click here to enter text.
The Authorized User represents and warrants that: (a) has received or read a copy of the Contract; (b) the
execution, delivery and performance of this Customized Service Plan Offering Agreement has been duly
authorized by all necessary action to the extent applicable; and (c) the person signing this Agreement is duly
authorized to execute this Agreement.
Signed: Title:
Click here to enter text.
Print Name:
Click here to enter text.
Email Address:
Click here to enter text.
Date:
Pricing Exhibit on following pages
34.b
Packet Pg. 1030 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
CUSTOMIZED SERVICE PLANS (CSP)
Product Identifier: CA0800
LEGACY CUSTOM CALIFORNIA PLANS
3G/4G NATIONWIDE VOICE PLAN
(On Network only)
STATE OF CALIFORNIA GOVERNMENT LINES ONLY
This Price Plan is NOT eligible for monthly access fee discounts.
Monthly Access Fee $0.00 (97397)
Anytime Voice Minutes 0
Voice Per Minute Rate On Network $0.06
Domestic Long Distance Included
Unlimited Night & Weekend Minutes Included
Unlimited Mobile to Mobile Calling Minutes Included
Text/Picture/Video Message Allowance 100 messages (76678)
Optional allowances below are available to replace this allowance.
Text/Picture/Video Message Overage Rates
* Incoming Text $0.02 per message/Outgoing Text $0.10 per message, per
recipient/Picture & Video $0.25 Incoming per message; Outgoing per
message, per recipient
Domestic Data Rates
3G Basic phones $1.99 per MB or per data package
4G Basic phones have data blocked; data package may be selected.
3G and 4G Smartphones require a data package (86790)
OPTIONAL FEATURES
Unlimited** Smartphone Data $24.99 (86790)
4G Smartphone Mobile Hotspot $10.00 (76445)
400 Text/Picture/Video Messages* $3.00 (87755)
1100 Text/Picture/Video Messages* $10.00 (87756)
Unlimited Text/Picture/Video Messages $12.00 (75439)
Unlimited Push-to-Talk Plus*** $10.00 (device dependent) (3G 83312/4G 81301, 81815)
Note: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. Coverage includes the Verizon Wireless 4G network; and the Verizon
Wireless 3G network, while available. Usage outside of the United States will be billed at the international travel feature rate, if
applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on these plans
must be on 3G basic phones, 4G LTE basic phones, 3G smartphones, or 4G HD voice-capable smartphones.
**Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on an y line.
Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed
the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB
with prior written notice.
***Push to Talk Plus terms and conditions apply. Push to Talk Plus feature requires a device that is compatible with the Push to Talk
Plus service. Push to Talk Plus is only available in the United States.
34.b
Packet Pg. 1031 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
3G/4G Smartphone Data Feature
STATE OF CALIFORNIA GOVERNMENT LINES ONLY
This Data Feature is NOT eligible for monthly access fee discounts
Monthly Access Fee $24.99 (86790)
Monthly Domestic Data Allowance Unlimited*
Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. This feature must be added to the 4G NATIONWIDE VOICE PLAN
(85191) when the device is a smartphone. This feature cannot be used with any other price plans.
*Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on a ny line.
Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed
the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB
with prior written notice.
Data Packages for Basic Feature Phones Only
STATE OF CALIFORNIA GOVERNMENT LINES ONLY
These Data Features are NOT eligible for monthly access fee discounts
Monthly Domestic Data Allowance Monthly Access Per Line when
added to an eligible voice plan Data Rate After Allowance
75 MB
$10.00 (77810) $10.00 per each additional 75 MB of usage
300 MB
$12.00 (85533) $15.00 per each additional GB of usage
Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. These Features can be used with 3G/4G Nationwide for
Government Share Calling Plans.
3G/4G Mobile Broadband Data Plan
STATE OF CALIFORNIA GOVERNMENT LINES ONLY
For Internet browsing, email, or intranet access.
This Price Plan is NOT eligible for monthly access fee discounts.
Monthly Access Fee $37.99 (95431)
Monthly Data Allowance Unlimited*
Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. Coverage includes the Verizon Wireless 4G network; and the Verizon
Wireless 3G and 3G Extended networks, while available. Lines activating on this plan must be on 3G or 4G mobile broadband devices.
4G service requires 4G equipment and 4G coverage.
*Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any
line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that
exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low
as 5GB with prior written notice.
34.b
Packet Pg. 1032 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
NATIONWIDE GOVERNMENT PLANS
3G/4G Nationwide Calling Plans with Unlimited Data
The calling plans below reflect the monthly access fee discount. No additional discounts apply.
400 Minutes 600 Minutes 1000 Minutes
Monthly Access Fee (Account share) $64.09 (38166) $80.76 (38167) $96.16 (38168)
Monthly Access Fee less discount $49.99 $62.99 $75.00
Monthly Anytime Voice Minutes (sharing) 400 600 1000
Friends & Family (up to 10 numbers per account) Included
Domestic Voice Overage Rate $0.25 per minute
Domestic Mobile to Mobile Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Long Distance Included
Domestic Data Allowance Unlimited*
Domestic Text/Picture/Video Messages Unlimited
Optional Features
Domestic Push To Talk Plus** $2.00 (device dependent) (3G 83270 / 4G 81174, 81129)
Smartphone Mobile Hotspot $10.00 (3G 82219 / 4G 76445)
Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. Coverage includes the Verizon Wireless 4G network; and the 3G and
3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if
applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on these plans
must be on 3G smartphones, or 4G HD voice-capable smartphones.
*Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on any line.
Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed
the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB
with prior written notice.
** Push to Talk Plus terms and conditions apply. Push to Talk Plus feature requires a device that is compatible with the Push to Talk
Plus service. Push to Talk Plus is only available in the United States.
Account Share Voice Sharing: At the end of each billing cycle, any unused voice allowances for lines sharing on the same account
will be applied to the overages of the other lines on the same account beginning with the line with the highest overage need.
34.b
Packet Pg. 1033 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
3G/4G Nationwide Add-a-Line Plan with Unlimited Data
The calling plan below reflects the monthly access fee discount. No additional discounts apply.
Monthly Access Fee $35.991 (38181)
Monthly Anytime Voice Minutes 0 Minutes
Minutes can share minutes from voice & data bundle plans
Domestic Voice Per Minute Rate $0.25
Domestic Night & Weekend Minutes Unlimited
Domestic Nationwide Mobile to Mobile Unlimited
Domestic Long Distance Included
Domestic Data Allowance Unlimited*
Domestic Text/Picture/Video Messages Unlimited
Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for
important information about calling plans, features and options. Coverage includes the Verizon Wireless 4G network; and the 3G and
3G Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if
applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international. Lines activating on these plans
must be on 3G smartphones, or 4G HD voice-capable smartphones.
1The $35.99 Add-a-Line plan can only be 50% of an account’s total share lines. The $35.99 Add-A-Line plan shares Voice Minutes with
the 3G/4G Nationwide Calling Plans with Unlimited Data.
* Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given billing cycle on an y line.
Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle for the line(s) that exceed
the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation thresholds to as low as 5GB
with prior written notice.
Account Share Voice Sharing: At the end of each billing cycle, any unused voice allowances for lines sharing on the same account will
be applied to the overages of the other lines on the same account beginning with the line with the highest overage need.
34.b
Packet Pg. 1034 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
3G/4G Nationwide for Government Share Calling Plans
The calling plans below reflect the monthly access fee discount. No additional discounts apply.
0 Minutes 100 Minutes 200 Minutes 400 Minutes 600 Minutes 1000 Minutes
Monthly Access Fee (Account share) $15.99
(86137)
$30.75
(80006)
$34.99
(73736)
$38.45
(74539)
$55.12
(74541)
$70.50
(74543)
Monthly Access Fee less discount $15.991 $23.98 $27.29 $29.99 $42.99 $54.99
Monthly Voice Minutes (sharing) 0 100 200 400 600 1000
Friends & Family (up to 10 numbers per
account) Not Included Included2
Domestic Voice Overage Rate $0.25 per minute
Domestic Mobile to Mobile Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Long Distance Included
Domestic Data Rates
3G Basic Phones - $1.99/ MB or per data package
4G Basic Phones have a data block; a data package may be selected.
3G and 4G Smartphones require a data package.
Text/Picture/Video Message Allowance 100 messages (76678)
Text/Picture/Video Message Overage
Rates
Incoming Text $0.02 per message / Outgoing Text $0.10 per message, per recipient /
Picture & Video $0.25 Incoming per message; Outgoing per message, per recipient
Optional Features
Unlimited Dom. Text/Picture/Video
Messages $12.00 (75439)
Domestic Push To Talk Plus** Not
Available $2.00 (device dependent) (3G 83270/4G 81174, 81129)
Notes Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important
information about calling plans, features and options . Coverage includes the Verizon Wireless 4G network; and the 3G and 3G
Extended networks, while available. Usage outside of the United States will be billed at the international travel feature rate, if
applicable, or pay as you go pricing, which can be found at www.verizonwireless.com/international.
1The $15.99 zero access plan can only be 50% of an account’s total share lines. 4G service requires 4G Equipment and 4G coverage.
2Friends & Family eligibility varies on selected calling plan.
** Push to Talk Plus terms and conditions apply. Push to Talk Plus feature requires a device that is compatible with the Push to Talk
Plus service. Push to Talk Plus is only available in the United States.
Account Share Voice Sharing: At the end of each billing cycle, any unused voice allowances for lines sharing on the same account will
be applied to the overages of the other lines on the same account beginning with the line with the highest overage need.
34.b
Packet Pg. 1035 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
NATIONWIDE GOVERNMENT INTERNATIONAL CALLING PLANS
4G Nationwide International Voice & Data Travel Plans
The calling plans below reflect the monthly access fee discount. No additional discounts apply.
400 Minutes 600 Minutes 1000 Minutes
Monthly Access Fee (Account share) $86.57 (38196) $102.43 (38197) $117.06 (38198)
Monthly Access Fee less discount $67.52 $79.90 $91.31
Monthly Domestic Anytime Voice Minutes 400 600 1000
Friends & Family (up to 10 numbers per account) Included
Domestic Voice Overage Rate $0.25 per minute
Domestic Mobile to Mobile Unlimited
Domestic Night & Weekend Minutes Unlimited
Domestic Long Distance Included
Domestic Data Allowance Unlimited1
Domestic Text/Picture/Video Messages Unlimited
International Travel Data Allowance Unlimited2
GSM International Travel Voice Roaming Zone 1 Countries (see list below) Zone 2 Countries (see list below)
$0.69 per minute $1.99 per minute
4G Domestic Push To Talk Plus** $2.00 (device dependent) (81129/81174)
Notes: Current coverage details and additional plan information can be found at www.verizonwireless.com. Coverage includes the
Verizon Wireless 4G network; and the 3G and 3G Extended networks, while available. Lines activating on these plans must be o n 4G
LTE GSM/UMTS Global-capable smartphones. 2The international travel data allowance applies in Canada, Mexico, and the rest of the
world where coverage is available; aircraft and cruise ship data usage is not included. To see supported countries and rates for services
such as voice, messaging, and non-terrestrial (aircraft and cruise ship) voice rates, go t o www.verizonwireless.com/international.
Verizon Wireless will terminate a line of service if more than half of the usage over three consecutive billing cycles is out side of the
United States, following 30 days’ notice to Customer. Friends & Family eligibility varies on selected calling plan.
1Domestic Data Allowance: Verizon Wireless will limit the data throughput speeds should 25 GB of data usage be reached in any given
billing cycle on any line. Data throughput speeds for additional usage will be limited for the remainder of the then -current bill cycle
for the line(s) that exceed the 25 GB high-speed data usage threshold. We reserve the right to adjust data throughput limitation
thresholds to as low as 5GB with prior written notice.
** Push to Talk Plus terms and conditions apply. Push to Talk Plus feature requires a device that is compatible with the Push to Talk
Plus service. Push to Talk Plus is only available in the United States.
Account Share Voice (Domestic Only): At the end of each billing cycle, any unused voice allowances for lines sharing on the same
account will be applied to the overages of the other lines on the same account beginning with the line with the highest overa ge need.
Zone 1 Countries are as follows: Aland Islands, Albania, American Samoa, Andorra, Anguilla, Antigua, Antarctica, Argentina, Aruba, Australia,
Austria, Bahamas, Barbados, Belarus, Belgium, Belize, Bermuda, Bolivia, Bosnia and Herzegovina, Brazil, British Virgin Islands, Brunei, Bulgaria,
Cambodia, Cayman Islands, Chile, China, Christmas Island, Colombia, Cook Islands, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominica,
Dominican Republic, Ecuador, El Salvador, England, Estonia, Falkland Islands, Faroe Islands, Fiji Islands, Finland, France, French Guiana, French
Polynesia, Germany, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guyana, Haiti, Honduras, Ho ng Kong,
Hungary, Iceland, India, Ireland, Isle of Man, Italy, Jamaica, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Malaysia, Malta,
Martinique, Moldova, Monaco, Montenegro, Nauru, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Nor folk Island,
Northern Ireland, Northern Mariana Island, Norway, Palau, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Reunion, Romania, Russia,
Samoa, San Marino, Scotland, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, South Korea, St. Barthelemy, St. Kitts and Nevis, St. Lucia,
St. Martin, St. Vincent & Grenadines, Suriname, Svalbard, Sweden, Switzerland, Taiwan, Thailand, Tonga, Turkey, Turks and Cai cos Islands, Ukraine,
Uruguay, Vanuatu, Vatican City, Venezuela, Vietnam and Wales.
Zone 2 Countries are as follows: Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Bahrain, Bangladesh, Benin, Bhutan, Botswana, Burkina
Faso, Burundi, Cameroon, Cape Verde Islands, Central African Republic, Chad, Comoros, Congo, Cuba, Djibouti, East Timor, Egyp t, Equatorial Guinea,
Ethiopia, Gabon, Gambia, Georgia, Ghana, Guinea, Guinea Bissau, Indonesia, Iraq, Israel, Ivory Coast, Japan, Jordan, Kazakhst an, Kenya, Kuwait,
Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Mayotte Island, Micronesia,
Mongolia, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Philippines, Qatar, Rwandese Republic,
Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, South Africa, Sri Lanka, South Sudan, Sudan, Swaziland, Syria, Tajikistan,
Tanzania, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, United Arab Emirates, Uzbekistan, Western Sahara, Yemen, Zambia and
Zimbabwe. Other available countries will be billed at the Zone 2 rates. The list of countries is subject to change.
WIRELESS DATA SERVICES
34.b
Packet Pg. 1036 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
Flexible Business Plans For Data Devices
The plans below reflect the monthly access fee discount. No additional discounts apply.
Connected
Devices
Connected
Devices, Tablets,
Netbooks,
Notebooks
Connected Devices, Tablets, Netbooks, Notebooks, Jetpacks,
USBs, Mobile Broadband Devices
Monthly Access Fee $5.00
(92739)
$10.00
(92741)
$35.00
(92742)
$45.00
(92744)
$55.00
(92745)
$65.00
(92746)
$75.00
(92747)
Monthly Access Fee less
discount $5.00 $10.00 $27.30 $35.10 $42.90 $50.70 $58.50
Shared Data Allowance 1 MB 100 MB 2 GB 4 GB 6 GB 8 GB 10 GB
Data Overage Rate $10.00 per GB
Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G
Equipment and 4G coverage. Government subscribers only.
Data Sharing: These plans only share with other lines on these plans. At the end of each bill cycle, any unused data allowances for lines sharing on
the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowe st overage need. Plan
changes may not take effect until the billing cycle following the change request.
34.b
Packet Pg. 1037 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
Verizon Wireless Plan and Feature Details
Verizon Wireless Plan and Feature Details only apply to the
Customized Service Plans available on the CALNET contract.
Certain agreed upon revisions to the Contractor’s standard terms are
set forth in this Catalog Attachment A. Such mutually agreed upon
terms shall take precedence over any conflicting terms in the
Contractor’s standard Acceptable Use Policy as may be modified from
time to time.
To the extent that this Catalog Attachment A conflicts with other
provisions in the Contract, the terms set forth in the Contract shall
take precedence, pursuant General Provisions Section 14 (Order of
Precedence). Catalog Attachment A may be modified by the mutual
written consent of the parties.
Plans and Associated Charges: Billing, shipping and end-user address
must be within an area where Verizon Wireless is licensed and provides
service. Charges for calls will be based on the cell sites used, which may
be outside the calling plan coverage area even when the subscriber is
physically within the coverage area. Time of the call is based on the
telephone switching office that carries the call, which may be different
from the time of day shown on subscriber’s phone. Unused monthly
minutes and/or Megabytes are lost. On outgoing calls, charges start when
subscriber presses SEND or the call connects to a network, and on
incoming calls, when the call connects to a network (which may be before
it rings). A call may end several seconds after subscriber presses END or
the call disconnects. Calls made on the Verizon Wireless network are only
billed if they connect (which includes calls answered by machines). Billing
for airtime and related charges may sometimes be delayed. Calls to "911"
and certain other emergency services are toll-free and airtime-free.
Airtime may be charged when dialing toll-free numbers.
Anytime Minutes: Anytime Minutes apply when making or receiving calls
from a calling plan’s rate and coverage area. Coverage information is
available at www.verizonwireless.com. Airtime is rounded up to the next
full minute. Allowance minutes/Megabytes are not transferable except
as may be available on plans with sharing. In order to gain access to
coverage in newly expanding markets, subscribers must periodically dial
*228 to update roaming information from voice or Smartphone devices;
from the VZAccess Manager, go into “Options” and click “Activation,”
while in the National Enhanced Services Rate and Coverage Area every
three months. This may alter the rate and coverage area. Automatic
roaming may not be available in all areas and rates may vary. Roaming
charges may be delayed to a later bill.
Long Distance: Unlimited domestic long distance is included when calling
from the plan’s rate and coverage area, unless otherwise specified in the
plan.
Unlimited Messaging: Unlimited Messaging is included with select plans
and is available in the National Enhanced Services rate and coverage area
in the United States. Messaging applies when sending and receiving (i) text,
picture and video messages to and from Verizon Wireless and Non-Verizon
Wireless customers in the United States, (ii) Text, picture, and video
messages sent via email, (iii) Instant messages, and (iv) Text messages with
customers of wireless carriers in Canada, Mexico, Puerto Rico, and the U.S.
Virgin Islands. Messaging is subject to Text, Picture, and Video Messaging
Terms and conditions. Premium messages are not included. Friends &
Family for Business: Calls directed to and received from an account’s
listed Friends & Family numbers shall not use Monthly Anytime Voice
Minutes. For Nationwide for Business plans with 900 minutes or more or
450 minute plan with the share option can add up to ten (10) Friends &
Family numbers. Only calls from Nationwide Coverage Area to designated
domestic landline or wireless numbers (excluding Directory Assistance, 900
numbers, or customer’s own wireless or Voicemail access numbers) may be
added; all qualifying lines on an account share the same Friends & Family
numbers, up to account’s eligibility limits; My Verizon, My Business Account
or Verizon Enterprise Center is required to set up and manage Friends &
Family numbers.
Mobile to Mobile Calling: Mobile to Mobile Calling minutes apply when
making calls directly to or receiving calls directly from another Verizon
Wireless subscriber while in the Nationwide Rate and Coverage area.
Mobile to Mobile calls must originate and terminate while both Verizon
Wireless subscribers are within the Mobile to Mobile Calling area. Mobile
to Mobile Calling is not available (i) with fixed wireless devices with usage
substantially from a single cell site, (ii) for data usage including Push to
Talk Plus calls, Picture or Video Messaging (iii) if Call Forwarding or No
Answer/Busy Transfer features are activated, (iv) for calls to Verizon
Wireless customers using any of the International services, (v) for calls to
check Voice Mail, (vi) in those areas of Louisiana and Mississippi where
the users roaming indicator flashes, (vii) in Canada and Mexico and (viii)
to users whose current wireless exchange restricts the delivery of Caller
ID And (viiii) for incoming calls if Caller ID is not present or Caller ID Block
is initiated. Mobile to Mobile Calling minutes will be applied before
Anytime Minutes.
Night and Weekend Minutes: Apply to calls made in a calling plan’s rate
and coverage area only during the following hours: 12:00 am Saturday
through 11:59 pm Sunday and 9:01 pm to 5:59 am Monday through
Friday. If both Night and Weekend and Mobile to Mobile Calling minute
allowances apply to a given call, Mobile to Mobile Calling minutes will
apply before Night and Weekend minutes. However, if either allowance
is unlimited, the unlimited allowance will always apply first.
Nationwide for Business Share Option: The Share Option is available to
businesses with a minimum of five (5) Nationwide for Business lines on
the same account with the share option. The Monthly Anytime Minutes
of all lines on an account will be aggregated, and then allocated first to
the line with the highest anytime minute usage, and then to the line with
the next highest usage.
Push to Talk Plus: Push to Talk Plus (PTT+) capable Equipment required.
Push to Talk Plus capable Equipment can only be used with a Push to Talk
Plus calling plan. Subscribers switching from a Push to Talk Plus Calling
Plan to another calling plan may not be able to use certain Push to Talk
Plus capable Equipment with the new plan. Push to Talk Plus calls may
only be made with other Verizon Wireless Push to Talk Plus subscribers.
Push to Talk Plus Subscribers may initiate or participate on a call,
simultaneously, with as many as 250 total participants (total is limited to
(50) if interoperating between 3G and 4G participants). Administrators
can be designated to manage the Push to Talk contact lists via a single
website interface with a single user name/password. . Existing Push to
Talk Subscriber Equipment may require a software upgrade to use Push
to Talk Plus or replacement with a Push to Talk Plus capable device. Push
to Talk Plus is only available within the National Enhanced Services Rate
and Coverage Area and WiFi access points. There will be a delay from the
time a Push to Talk Plus call is initiated until the Push to Talk Plus call is
first received by the called party. If an incoming voice call is received
while on a Push to Talk Plus call the voice call may be answered and the
Push to Talk Plus placed on hold. If an incoming Push to Talk Plus call is
received while on a Push to Talk Plus call the PTT call icon can be selected
to connect to the Push to Talk Plus call. If the incoming voice or Push to
Talk Plus call is not answered a missed call alert will display. Network
registration information will be sent to the Equipment each time it is
powered on in the National Enhanced Services Rate and Coverage Area,
each time the Subscriber travels into the National Enhanced Services Rate
and Coverage Area, and every 12 hours if the Subscriber stays within the
National Enhanced Services Rate and Coverage Area. While the updated
network registration information is being sent to the Equipment,
incoming voice calls will go directly to voice mail. Contact list cannot be
modified from certain Equipment. Subscriber cannot prevent others who
34.b
Packet Pg. 1038 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
have the Subscriber’s MTN from entering the MTN into their Push to Talk
contact list. Only one person can speak at a time during a Push to Talk
Plus call. In-Call Talker Override (Talker Priority) allows a pre-determined
user priority to take the floor to communicate urgent message over
participant. Push to Talk Plus services cannot be used for (i) access to the
Internet, intranets or other data networks, except as the device’s native
applications & capabilities permit, (ii) any applications that tether
Equipment to laptops, personal computers or other devices for any
purpose. Please visit our website www.verizonwireless.com for
additional Push to Talk Plus information.
International Long Distance: You need International Eligibility to make
international calls to most countries, but you can make calls to some
North American destinations without it. Additional surcharges may apply
when calling certain countries; see verizonwireless.com/International for
details.
Verizon Wireless International Long Distance Value Plan: International
Eligibility required to call most countries. Value Plan feature is not
available on all Plans. Rates are subject to change without notice.
Standard International Long Distance rates apply in addition to airtime
charges per your Plan on calls made from the Verizon Wireless network.
Rates and service availability may vary when your phone’s banner
displays “Extended Network.” Value Plan rates apply only on calls to
Value Plan Countries made from your Plan’s Rate and Coverage Area. If a
subscriber’s Plan’s Rate and Coverage Area includes calls to any Value
Plan country, those calls will be billed per the Plan. Except when roaming
on another carrier’s network, in which case that carrier's rates, taxes and
surcharges apply. For Value Plan subscribers, calls made from the Verizon
Wireless network to countries not included in the Value Plan will be billed
at standard International Long Distance rates. Additional surcharges may
apply when calling certain destinations, see
www.verizonwireless.com/international for details.
International Roaming: Some services, such as premium text messaging,
directory assistance, entertainment lines and third-party services, may be
available, and charges for these services will be billed (along with
applicable toll charges) in addition to roaming rates. Message-waiting-
indicator service is not available where Text Messaging is not available.
When using International Phone, or International Data services, or if you
subscribe to a Nationwide Plus Canada or Nationwide Plus Mexico Plan,
and you’re roaming near country borders, calls may be carried by a cell
site located in a neighboring country and billed at that country’s rates.
Verizon Wireless will terminate your service for good cause if less than
half of your voice or data usage over three consecutive billing cycles is on
the Verizon Wireless National Enhanced Services Rate and Coverage
Area. See verizonwireless.com/International for rates and destinations,
which are subject to change without notice. International Eligibility
required for GSM roaming, and for roaming in many destinations. Rates,
terms and conditions apply only when roaming on participating GSM
networks in published destinations. Availability of service, calling
features, and Text messaging varies by country and network and may be
restricted without notice. You must add International Eligibility to your
account to roam in many destinations. Visit
verizonwireless.com/naroaming. By using Equipment outside the United
States, subscriber is solely responsible for complying with all applicable
foreign laws, rules and regulations (“Foreign Laws”), including Foreign
Laws regarding use of wireless phones while driving and use of wireless
camera phones. Verizon Wireless is not liable for any damages that may
result from subscriber’s failure to comply with Foreign Laws.
Roaming in GSM countries: GSM International Phone, activated in the
United States with compatible subscriber Identity Module (SIM) card
required. Rates, terms and conditions apply only when roaming on
participating GSM networks in published International Phone countries.
Service may be available in additional countries, but airtime rates,
availability of calling features, and ability to receive incoming calls
(including return calls from emergency services personnel) may be
restricted. See www.verizonwireless.com for coverage and airtime rates.
Service in certain countries may be blocked without prior notice. Text
messaging rates are subject to change. Text messages may be sent only
to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign
wireless carriers that participate in international text messaging. Data
Services: Verizon Wireless charges you for all data and content sent or
received using our network (including any network overhead and/or
Internet Protocol overhead associated with content sent or received), as
well as resolution of Internet Protocol addresses from domain names.
Sending or receiving data using a virtual private network (VPN) involves
additional VPN overhead for which you will be charged. Please note that
certain applications or widgets periodically send and receive data in the
background, without any action by the user, and you will be billed for
such data use. Applications may automatically re-initiate data sessions
without you pressing or clicking the SEND or connect button. Data
sessions automatically terminate after 24 hours. A data session is inactive
when no data is being transferred. Data sessions may seem inactive while
data is actively being transferred, or may seem active when the data is
actually cached and data is not being transferred. If you have a Data Only
plan and use voice service, domestic voice calls will be billed.
Verizon Wireless strives to provide customers with the best experience
when using our network, a shared resource among tens of millions of
customers.
To further this objective, Verizon Wireless has implemented Network
Optimization Practices designed to ensure that the overwhelming
majority of data customers aren’t negatively impacted by the inordinate
data consumption of a few users. The reduction can last for the
remainder of the current bill cycle and the immediately following bill
cycle to ensure high quality network performance for other users at
locations and times of peak demand. If you download an audio or video
file, the file may be downloaded in sections or in its entirety; data charges
will apply to the portion downloaded, regardless of whether you listen to
or watch all of it. You may access and monitor your own data usage during
a particular billing period, including during the Return Period, by
accessing My Verizon online or by contacting Customer Service.
Data Services: Permitted Uses: You can use Verizon Wireless Data
Services for accessing the Internet and for such uses as: (i) Internet
browsing; (ii) email; (iii) intranet access (including accessing corporate
intranets, email and individual productivity applications made available
by your company); (iv) uploading, downloading and streaming of audio,
video and games; and (v) Voice over Internet Protocol (VoIP).
Data Services: Prohibited Uses. You may not use our Data Services for
illegal purposes or purposes that infringe upon others' intellectual
property rights, or in a manner that interferes with other users' service,
that violates trade and economic sanctions and prohibitions as
promulgated by the Departments of Commerce, Treasury or any other
U.S. government agency, that interferes with network's ability to fairly
allocate capacity among users, or that otherwise degrades service
quality for other users. Examples of prohibited usage include: (i) server
devices or host computer applications that are broadcast to multiple
servers or recipients such that they could enable “bots” or similar
routines (as set forth in more detail (ii) below) or otherwise denigrate
network capacity or functionality; (ii) “auto-responders,”“cancel-bots,”
or similar automated or manual routines that generate amounts of net
traffic that could disrupt net user groups or e-mail use by others; (iii)
generating “spam” or unsolicited commercial or bulk e-mail (or
activities that facilitate the dissemination of such e-mail); (iv) any
activity that adversely affects the ability of other users or systems to
use either Verizon Wireless’ services or the Internet-based resources of
others, including the generation of dissemination of viruses, malware,
or “denial of service” attacks; (v) accessing or attempting to access
without authority, the information, accounts or devices of others, or to
penetrate, or attempt to penetrate Verizon Wireless’ or another
entity’s network or systems; or (vi) running software or other devices
that maintain continuous active Internet connections when a
34.b
Packet Pg. 1039 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
computer’s connection would otherwise be idle or “any keep alive”
functions, unless they adhere to Verizon Wireless” requirements for
such usage, which may be changed from time to time.
Verizon Wireless further reserves the right to take measures to protect
our network and other users from harm, compromised capacity or
degradation in performance. These measures may impact your service,
and Verizon Wireless reserves the right to deny, modify or terminate
service, with or without notice, to anyone Verizon Wireless believes is
using Data Services in a manner that adversely impacts the Verizon
Wireless network. Verizon Wireless may monitor your compliance, or
other subscribers’ compliance, with these terms and conditions, but
Verizon Wireless will not monitor the content of the communications
except as otherwise expressly permitted or required by law. [See
verizonwireless.com/privacy]
Unlimited Data Plans and Features (such as NationalAccess,
BroadbandAccess, Push to Talk Plus, and certain VZEmail services) may
ONLY be used with wireless devices for the following purposes: (i)
Internet browsing; (ii) email; and (iii) intranet access (including access to
corporate intranets, email, and individual productivity applications like
customer relationship management, sales force, and field service
automation). The Unlimited Data Plans and Features MAY NOT be used
for any other purpose. Examples of prohibited uses include, without
limitation, the following: (i) continuous uploading, downloading or
streaming of audio or video programming or games; (ii) server devices or
host computer applications, including, but not limited to, Web camera
posts or broadcasts, automatic data feeds, automated machine–to–
machine connections or peer–to–peer (P2P) file sharing; or (iii) as a
substitute or backup for private lines or dedicated data connections. This
means, by way of example only, that checking email, surfing the Internet,
downloading legally acquired songs, and/or visiting corporate intranets is
permitted, but downloading movies using P2P file sharing services and/or
redirecting television signals for viewing on laptops is prohibited.
For individual use only and not for resale. We will protect our network
from harm, which may impact legitimate data flows. We will limit
throughput or amount of data transferred exceeding 25 GB in any given
billing cycle on any line, in any given billing cycle, for all additional usage
for the remainder of the then-current bill cycle for the line that exceeds
the data usage, and reserve the right to deny or terminate service,
without notice, to anyone we believe is using an Unlimited Data Plan or
Feature in any manner prohibited above or whose usage adversely
impacts our network or service levels. Anyone using more than 25 GB per
line in a given billing cycle is presumed to be using the service in a manner
prohibited above, and we reserve the right to immediately terminate the
service of any such person without notice. We reserve the right to adjust
data throughput limitation thresholds to as low as 5GB in with prior
written notice. We also reserve the right to terminate service upon
notification to the customer.
Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and
InternationalAccess data sessions may be used for the following
purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access
(including access to corporate intranets, e-mail and individual
productivity applications like customer relationship management, sales
force and field service automation). Unlimited VZAccess, VZEmail and
Push to Talk Plus services cannot be used (i) for uploading, downloading
or streaming of movies, music or games, (ii) with server devices or with
host computer applications, other than applications required for
BlackBerry or Wireless Sync service, including, but not limited to, Web
camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP),
automated machine-to-machine connections, or peer-to-peer (P2P) file
sharing, or (iii) as a substitute or backup for private lines or dedicated
data connections. Additionally, Unlimited VZEmail services cannot be
used for, (i) access to the Internet, intranets or other data networks,
except as the Equipment’s native applications and capabilities permit, or
(ii) for any applications that tether Equipment to laptops or personal
computers other than for use of the Wireless Sync or BlackBerry
Solutions. Unlimited BroadbandAccess and NationalAccess data sessions
automatically terminate after 2 hours of inactivity, unless Subscriber has
Mobile IP (MIP) capable Equipment
Data Roaming:. International Eligibility is needed to roam in many
destinations. Current coverage details, and list of Other Available
Countries can be found at www.verizonwireless.com/International.
International Data Optional Features: International PC Card required for
international use. International PC Cards will not work in the United
States or Canada and International Data Optional Features subscribers
will need a NationalAccess or Mobile Broadband PC card for domestic
use. The domestic and International PC Cards cannot be used at the same
time. Prior to leaving the United States, subscribers must install
International Data Optional Features VZAccess ManagerSM and run the
OTA wizard. International Data Optional Features subscribers must
activate and update their Preferred Roaming lists while in the National
Enhanced Services Rate and Coverage Area every three months. Verizon
Wireless reserves the right to terminate the service of any subscriber
whose total usage is less than half on the Verizon Wireless National
Enhanced Services Rate and Coverage Area over three consecutive billing
cycles. .
International Email SIM Cards: SIM Cards are available for use with your
International PC Card, International Smartphone, or International Phone.
Verizon Wireless is not responsible for any unauthorized use of
subscriber’s SIM Cards and subscriber must safeguard security codes.
Placing your InternationalEmail SIM in any other non BlackBerry or
Smartphone device could result in additional charges or termination of
service. Upon termination of service, subscriber must destroy SIM Card
.
34.b
Packet Pg. 1040 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
August 10, 2020 State of CA CALNET Contract C4-CVD-19-001-03 Page 13 of 14
M2M Data Plan Terms and Conditions
A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active
when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data
sent and received including “overhead” (data that is in addition to user-transmitted data, including control, operational and routing instructions,
error-checking characters as well as retransmissions of user-data messages that are received in error) whether or not such data is actually received.
Verizon Wireless will not be liable for problems receiving Service that result from Customer’s device.
Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte
allowance is lost. Equipment will not indicate kilobyte usage.
Data Roaming I-Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV-DO.
M2M Data Plan Share Options
Share Options: Sharing is available only among Government Subscribers on applicable M2M Low Usage and High Usage calling plans.
Account Share: Customer may activate up to 15 share groups per account. Sharing is available only among M2M Lines on the Mobile Broadband
M2M Account Share Plans on the same billing account, in the same usage group (Low Usage and High Usage plans cannot share with each other).
Unused KBs will be distributed to M2M Lines with an overage on an as needed basis to M2M Lines on the same billing account that have exceeded
their MB allowance during the same monthly billing period. At the end of each bill cycle any unused KBs allowances will be applied to the overages
of the other M2M Lines on the same account beginning with the line with the lowest overage need until depleted. Customers subscribing to Mobile
Broadband M2M Account Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Profile
Share Plans.
Profile (Multi-Account) Share: Customer may activate one (1) share group per profile (Low Usage and High Usage plans cannot share with each
other); however, customer may have multiple bill accounts on the same profile. Sharing is available only among M2M Lines on the Mobile Broadband
M2M Multi-Account Share Plans on the same profile, in the same usage group. Each sharing M2M Lines unused KBs will pass to other sharing M2M
Lines that have exceeded their data allowance during the same monthly bill cycle. Unused KBs will be distributed proportionally as a ratio of the KBs
needed by each applicable M2M Line to the total KBs needed by all sharing M2M Lines on the same profile. Customers subscribing to Mobile
Broadband M2M Profile Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Account
Share Plans.
Note: 1A profile is defined as a Customer’s overarching account of record under which Customer may have multiple billing accounts
Verizon Wireless’ pricing does not include federal, state, local or foreign fees, assessments or other charges (collectively “fees”), which must be
billed based on the jurisdiction in which the subscriber’s cellular number is set up and located. Fees vary by state and local areas and are subject to
change without notice.
Verizon Wireless cannot provide a comprehensive list of all charges and regulatory fees required and assessed when using a wireless device
because they vary greatly from one jurisdiction to another.
In addition to taxes, surcharges and fees that we are required to collect, we will also collect charges to recover or help defray costs of taxes and
governmental surcharges and fees imposed on us, and costs associated with governmental regulations and mandates on our business. These charges
include, among others, a Regulatory Charge and a Federal Universal Service Charge, and are described below in more detail. These charges are
Verizon Wireless charges, not taxes, and are subject to change. Because these charges are not taxes, your tax exemptions, if any, will not apply to
these charges.
Federal Universal Service Charge
Wireless carriers are assessed by the federal government to fund the delivery of universally-affordable telecommunications and information services
under the Federal Universal Service Fund (FUSF) program.
The Federal Universal Service Charge (FUSC) collected by Verizon is a percentage of the customer's monthly bill and is used to defray the costs of the
FUSF. The FUSC is collected on most items on the bill, other than data charges for wireless broadband Internet access, equipm ent charges and taxes.
As of January 1, 2019, the basic FUSC rate is 20.00% and changes quarterly. The FUSC rate for bundled minute plans is 5.46% if the customer does
not exceed the included number of minutes. The 20.00% rate applies to long distance interstate calls that exceed the customer's included bundle of
minutes. Other services, such as VOIP, are charged a lower FUSC rate.
• Cellular Access for voice calling plans (only on first 79% of this item)
• Verizon Wireless Toll
• Roaming Charges
• Activation Charges
• Re-connect fees
• Landline Connect Fee
• TXT Messaging monthly service
• TXT Messaging usage
• Airtime usage for voice calls
• Mobile to Mobile feature
• Nights and Weekends feature
• Toll free feature
34.b
Packet Pg. 1041 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
August 10, 2020 State of CA CALNET Contract C4-CVD-19-001-03 Page 14 of 14
The quarterly percentage rate described above for the FUSC is applied in our billing system.
Verizon Wireless also imposes state universal service charges. These charges vary by jurisdiction and are subject to change d epending on changes in
the state universal service impositions on Verizon Wireless.
Regulatory Charge
The Regulatory Charge is an assessment that helps defray our ongoing costs of complying with various governmental mandates an d assessments.
Examples include:
The cost of the license fees assessed by the FCC.
Costs assessed by the FCC to administer local number portability requirements.
This charge is subject to change over time upon notice and is taxable in most jurisdictions.
Regulatory fees impacting the wireless industry are constantly evolving and are subject to change without notice. For more information you can visit
the FCC’s website at www.fcc.gov.
34.b
Packet Pg. 1042 Attachment: Attachment 2 - Agreement (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon Cellular & Data Network
34.c
Packet Pg. 1043 Attachment: Attachment 3 - Authorization to Order (ATO) [Revision 1] (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon
34.c
Packet Pg. 1044 Attachment: Attachment 3 - Authorization to Order (ATO) [Revision 1] (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon
34.c
Packet Pg. 1045 Attachment: Attachment 3 - Authorization to Order (ATO) [Revision 1] (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon
34.c
Packet Pg. 1046 Attachment: Attachment 3 - Authorization to Order (ATO) [Revision 1] (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon
34.c
Packet Pg. 1047 Attachment: Attachment 3 - Authorization to Order (ATO) [Revision 1] (7383 : Resolution to Authorize CALNET/Next Gen Contract for Verizon
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Imposing Liens to Recover Costs for Code Enforcement
Abatements (Wards 1, 2, 3, 4, 6, 7)
Recommendation
Adopt Resolution No. 2021-157 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC -1418, thereby
repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amendin g
Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance
MC-1521, revisions to Chapter 8.30. These changes streamline the process of abating
public nuisances on properties and imposing liens to enable the City to recover costs f or
abating nuisances.
Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in
order to assess unpaid costs of abatement as liens upon the respective parcels of land
as they are shown upon the last available assessment roll.
The Abatement Assessments List is attached hereto as Exhibit A. The first section
consists of properties with Administrative Hearing Orders. There are no outstanding
fees for Code Enforcement Hearing Orders for this time period.
The ‘Other Abatement Assessments’ are for public nuisance abatements performed by
the Code Division which includes properties that were either secured and/or cleaned via
administrative inspection warrants or were red -tagged by Building and Safety and
deemed unsafe. Also, included in this section are emergency board -ups requested by
the Police and Fire Departments. Emergency board-ups were requested after a break-in
has occurred or after fire suppression activities, when no responsible parties could be
reached.
All property owners listed on the ‘Other Abatement Assessments’ list have been notified
35
Packet Pg. 1048
7386
Page 2
of the abatement costs. These property owners were issued a Notice of Summary
Abatement with the option to schedule a hearing per SBMC 8.30.045. Property owners
were advised of their right to appeal said costs within ten days, or to pay the costs
within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and
8.30.040. Hearings were not requested and the costs are currently outstanding. To
date, no responses have been received. Therefore, staff recommends that the City
Council adopt the Resolution in order to assess such unpaid costs of the abatements.
The total of outstanding fees for ‘Abatement Assessments’ resulting from Administrative
Hearing Officer Orders is $0. The total for ‘Other Abatement Assessments’, including
emergency abatements, is $29,621.91. The grand total of all abatements is $29,621.91.
If property owners come forward to pay their costs prior to the council meeting, their
properties will be removed from Exhibit A.
2020-2025 Key Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns
with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth &
Development. Imposing liens to resolve public nuisances would ensure revenue back
into the Department and that the City is clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $29,621.91. The amount will be collected
incrementally as individual properties are sold and/or liens are paid through the escrow
process or entered as an assessment on the County tax roll.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-157 imposing liens on certain real property
located within the City San Bernardino for the costs of public nuisance abatements.
Attachments
Attachment 1 Resolution No. 2021-157
Attachment 2 Resolution No. 2021-157; Exhibit A - Abatement Assessments List
Ward: 1, 2, 3, 4, 6, 7
Synopsis of Previous Council Actions:
August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222,
imposing liens on certain real property located within the City of
San Bernardino for the cost of public nuisance abatements.
April 18, 2018 Mayor and City Council adopted Resolution 2018-106, imposing
liens on certain real property located within the City of San
Bernardino for the costs of public nuisance.
35
Packet Pg. 1049
RESOLUTION NO. 2021-157
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COST OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in the Abatement Assessments List, a copy of which is attached hereto and
incorporated herein as Exhibit A, in this Resolution; and
WHEREAS, notice of the abatement costs were given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Office, who determined the owner of record
is responsible for the costs.
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. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the
properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
SECTION 5. 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.
35.a
Packet Pg. 1050 Attachment: Attachment 1 - Resolution 2021-157 (7386 : Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards 1, 2, 3, 4,
Resolution No. 2021-157
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 __________, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
35.a
Packet Pg. 1051 Attachment: Attachment 1 - Resolution 2021-157 (7386 : Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards 1, 2, 3, 4,
Resolution No. 2021-157
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No.2021- _____, adopted at a regular meeting held at the ___ day of _______, 2021
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino t his ___ day of
____________ 2021.
___________________________________
Genoveva Rocha, CMC, City Clerk
35.a
Packet Pg. 1052 Attachment: Attachment 1 - Resolution 2021-157 (7386 : Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards 1, 2, 3, 4,
EXHIBIT "A"
ABATEMENT ASSESSMENTS
ADDRESS OWNER Hearing Order WARD COST
Total:$0.00
OTHER ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
1455 N. Waterman Ave.1455 Waterman, LP 10/19/20 2 $6,563.54
701 N. E St.Chase Financial Services, LLC 11/16/20 & 04/28/21 1 $6,856.60
505 W. 2nd St.WF San Bernardino, LLC 11/05/20 1 $1,661.40
1030 Mountain Crest Choi, Un Lam 12/04/20 & 01/15/21 4 $1,952.76
1595 N. D St.CPND Property Investments, LLC 12/10/20 & 12/29/20 2 $1,352.44
1177 W. 11th St.Archibeque, David Tr 12/11/20 & 03/10/21 & 03/17/21 6 $1,728.50
665 N. Arrowhead Ave.Min, Marcus M.01/12/21 1 $1,170.40
1364 S. Camino Real #1352 Speyer-Ofenberg, LA Family Tr 01/15/21 3 $692.42
2249 N. Serrano Rd.Zepeda, Juan C.01/26/21 & 01/27/21 2 $5,658.85
250 N. G St. Hypo-US Infrastructure 03/26/21 1 $744.15
2372 N. Sterling Ave.Smart Real Estate 04/16/21 7 $702.50
315 W. Highland Ave.Metropolitan Life Insurance, Co.04/13/21 2 $538.35
Total:$29,621.91
Grand Total: $29,621.91
35.b
Packet Pg. 1053 Attachment: Attachment 2 - Resolution 2021-157; Exhibit A - Abatement Assessments List (7386 :
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Purchase and Sale Agreement for 301, 321 & 325 West 40TH
Street (Ward 4)
Recommendation
Adopt Resolution No. 2021-158 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Purchase and Sale
Agreement with Shab El-aawar Trust for the properties located at 301, 321 & 325 West
40th Street.
Background
This project consists of the widening of West 40th Street from Johnson Street to Electric
Avenue to provide two through lanes in each direction and a two -way left-turn lane
(Attachment 3 - Location Map). The project includes right-of-way (ROW) acquisition,
undergrounding overhead utility lines, pavement widening, pavement rehabilitation,
signing and striping.
On July 19, 2017, the Mayor and City Council adopted Resolution No. 2017-131
approving an agreement with Engineering Resources of Southern California, Inc. to
provide environmental and civil engineering design for the widening of West 40th Street
from Johnson Street to Electric Avenue.
Design and right-of-way acquisition for the widening of West 40th Street from Johnson
Street to Electric Avenue was approved as part of the FY 2018/19 Capital Improvement
Program. The environmental component of the project was completed on April 24,
2018, and the Plans Specifications & Estimate (PS&E) are 95% completed. As part of
the PS&E, Engineering Resources of Southern California, Inc., was required to identify
necessary ROW, full and partial takes for this project. A total of 15 parcels were
identified to complete this project.
On March 21, 2018, the Mayor and City Council adopted Resolution No. 2018 -75
adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring
and Reporting Program (MMRP).
On September 5, 2018, the Mayor and City Council adopted Resolution No. 2018-248
approving an agreement with Paragon Partners, Ltd to acquire the right -of-way for this
36
Packet Pg. 1054
7387
Page 2
project.
Discussion
The subject properties located at 325, 321 and 301 W. 40th Street, San Bernardino,
California (Property) are identified as Parcel Nos. 9, 10 and 11 respectively. Parcel No.
9, approximately 11,840 square feet in size, is currently improved with a duplex
residential property. The Project requires a Permanent Easement for roadway
purposes, approximately 1,220 square feet in size, from the property. An appraisal for
the property interest was completed on January 24, 2019 and just compensation for the
property interest was established at $25,800, which includes compensation for site
improvements. Said improvements consist of grass lawn area and concrete pavement.
Parcel No. 10, approximately 3,200 square feet in size, is currently improved with a
single-family residence. The Project requires a Permanent Easement for roadway
purposes, approximately 653 square feet in size, f rom the property. An appraisal for the
property interest was completed on January 24, 2019 and just compensation for the
property interest was established at $12,410.
Parcel No. 11, approximately 10,000 square feet of land and is improved with a
commercial building and garage, containing 3,057 square feet of gross building area.
This parcel requires acquisition of a permanent easement for roadway purposes,
approximately 2,570 square feet in size, from the property. An appraisal for the property
interest was completed on January 23, 2019, which established the Fair Market Value
of the permanent easement at Two Hundred Eighty-Seven Thousand Dollars
($287,000), which includes compensation for site improvements and severance
damages. Per the construction plans, the Project will require the removal of the
Property’s site improvements, including a portion of the asphalt-paved parking lot (13
parking spaces) and one (1) large tree. Additionally, partial acquisition of the Property
is expected to impact a portion of the building structure, approximately 3,057 square
feet in size, located near the corner of Electric Avenue and W. 40th Street. Said impacts
include eliminating parking within the permanent easement area and demolishing
approximately 1,980 square feet of the existing building structure. As a result, there will
be a loss in value to the remaining property and building improvements upon acquisition
of the Property.
Negotiations:
Offers for Parcel Nos. 9 and 10 were tendered to the property owner on May 5, 2019.
Paragon Partners Ltd. Staff (Staff) contacted Shab El-aawar (Owner), Trustee of the
Shab El-aawar Trust, to discuss the offers and Project requirements. Staff attempted to
reach settlement, but the Owner expressed that he would wait for an of fer to be
tendered for the property adjacent to Parcel No. 10 and identified as 301 W. 40th Street.
Staff tendered the offer for 301 W. 40th Street (Parcel No. 11) on June 20, 2019.
Shortly thereafter, Staff met with the Owner onsite to discuss the valuation of all three
(3) properties with the intent of negotiating settlements for the requisite property rights
for the Project. Through ongoing negotiations, the Owner agreed to settle in the amount
of $33,380 for Parcel No. 9 and in the amount of $39,185 for Parcel No. 10. The Owner
expressed that market conditions changed significantly since the original offer was
36
Packet Pg. 1055
7387
Page 3
tendered and also noted that the septic tank serving Parcel No. 10 is currently located
within the proposed Right-of-Way area for the Project and conditioned settlement upon
receiving compensation for the cost associated with its removal and connecting the
property to the public sewer system. The Owner also conditioned settlement upon the
City’s installation of sewer lateral stub-outs to the property line for each of the properties
from the City’s main sewer line located within 40th Street. The Owner provided Staff
with a cost estimate for construction of the sewer lateral from the property line of Parcel
No. 10 to the structure on the property; inclusive of the cost associated with removal of
the septic tank currently located within the requisite Right-of-Way area for the Project.
For Parcel no. 11, the Owner reviewed the offer and appraisal and was not in
agreement with the offer amount. The Owner contends that the estimated value for loss
of income associated with demolishing the building improvements is not in -line with
current market conditions and therefore presented staff with a counter -offer in the
amount of $385,000. The appraisal estimated the loss of rent from the demolished
structure at $1,786 per month. The structure was vacant at the time of appraisal. The
owner has since leased the building to a tenant at a monthly rate of $2,000. Paragon
staff (‘Staff”) consulted with appraisal firms and local brokers which have worked with
Paragon on other right-of-way acquisition projects. It was determined that the increase
in lease income associated with the existing tenant equates to an equivalent increase in
valuation of approximately $91,200; suggesting a counter-offer in the amount of
$378,200. In response, Staff prepared the attached Purchase and Sale Agreement in
the amount of $375,000, which was reviewed, accepted, and signed by the Owner.
Additionally, the Owner is waiving his rights to reimbursement of up to $5,000 for an
independent appraisal. The Agreement also acknowledges that the existing tenant is
not eligible to receive relocation benefits pursuant to the Uniform Acquisition and
Relocation Act.
Paragon Partners has reviewed the final offer for Parcel No. 9, 10 & 11 in the amount of
$33,380, 39,185 and $375,000, respectively for the permanent easement and believes
the final offer to be fair and reasonable, and in the public’s best interest.
Staff recommends that the City of San Bernardino approve administrative settlements in
the amount of $33,380, 39,185 and $375,000 for 325, 321 and 301 West 40 th street
respectively and proceed with consummating the Agreement attached hereto. Upon the
City’s review, approval and signature of the Agreement, Staff will forward it to First
American Title and Escrow Company, which will commence the escrow period for
acquisition of the property rights required for the Project.
2020-2025 Key Strategic Targets and Goals
Purchase of these properties aligns with Key Target No. 1e: Create an asset
management plan as it will allow the City to acquire right-of-way needed to move
forward with implementation of the West 40th Street Widening project as identified in
the City’s 5-year Capital Improvement Plan.
Fiscal Impact
This project is being reimbursed by the San Bernardino County Transportation Authority
36
Packet Pg. 1056
7387
Page 4
(SBCTA) as part of the Valley Major Street Program. The West 40th Street Widening
Project is one of the four projects in the City of San Bernardino approved for
reimbursement under the Valley Major Street Program under the City’s Capital Project
Needs Assessment (CPNA). The reimbursement rate is 67.6%. Regional Circulation
DIF funding in the amount of $3,122,206.09 was previously approved by t he Mayor and
City Council for the West 40th Street Widening From Johnson Street to Electric Avenue
(account 264-160-7160-5504) and $2,622,340.09 remains available for this project.
Purchase of the properties located at 325, 321 and 301 W 40th Street in the amount of
$33,380, 39,185 and $375,000 respectively will be paid from these available budgets.
Conclusion
Adopt Resolution No. 2021-158 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Pu rchase and Sale
Agreement with Shab El-aawar Trust for the properties located at 301, 321 & 325 West
40th Street.
Attachments
Attachment 1 Resolution No. 2021-158
Attachment 2 Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th
Attachment 3 Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th
Attachment 4 Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th
Attachment 5 Location Maps
Ward: 4
Synopsis of Previous Council Actions:
July 19, 2017 Mayor and City Council adopted Resolution No. 2017-131
approving an agreement with Engineering Resources of Southern
California, Inc. to provide environmental and civil engineering
design.
March 21, 2018 Mayor and City Council adopted Resolution No. 2018-75 approving
a Mitigated Negative Declaration (MND), adopting a Mitigation
Monitoring and Reporting Program (MMRP), and authorizing the
Director of Community Development or designee to file a Notice of
Determination (NOD) with the Clerk of the Board of Supervisors of
San Bernardino County for the widening of West 40th Street from
Johnson Street to Electric Avenue.
September 5, 2018 Mayor and City Council adopted Resolution No. 2018-248
approving an agreement with Paragon Partners, Ltd to provide
right-of-way acquisition services.
36
Packet Pg. 1057
RESOLUTION NO. 2021-158
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT WITH SHAB EL -
AAWAR TRUST FOR THE PROPERTIES LOCATED AT
301, 321 & 325 WEST 40TH STREET
WHEREAS, pursuant to the street widening project of 40th street between Johnson street
and Electric Avenue, the City of San Bernardino requires the a portion of the properties located
at 301, 321 & 325 West 40th Street; and
WHEREAS, the parcels to be acquired are known as Assessor’s Parcel 0271-052-11,
0271-052-12 and 0271-052-13 and are more fully described in Exhibit “A”, Exhibit “B” and
Exhibit “C” respectively attached hereto and made a part hereof; and
WHEREAS, on July 19, 2017, the Mayor and City Council adopted Resolution No.
2017-131 approving an agreement with Engineering Resources of Southern California, Inc. to
provide environmental and civil engineering design for the widening of 40th Street from Johnson
Street to Electric Avenue (SS04-014); and
WHEREAS, on March 21, 2018, the Mayor and City Council adopted Resolution No.
2018-75 approving an mitigated negative declaration for the project; and
WHEREAS, on September 5, 2018, the Mayor and City Council adopted Resolution No.
2018-248 approving an agreement with Paragon Partners, Ltd to provide Right-of-Way
Acquisition Services for the widening of 40th Street from Johnson Street and Electric Avenue
(SS04-014); and
WHEREAS, the City and property owner have reached an agreement on the terms and
purchase price for parcels.
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 on behalf of the City
of San Bernardino to execute the Fee Acquisition Purchase and Sale Agreement and Joint
Escrow Instructions to conclude the purchase of portions of 325, 321 & 301 West 40th Street for
the amount of $33,380, $39,185 and $375,000 respectively attached hereto as Exhibit “A”,
Exhibit “B” and Exhibit “C” respectively. The City Manager is authorized to execute any
additional documents necessary to effectuate the transaction.
36.a
Packet Pg. 1058 Attachment: Attachment 1 - Resolution No. 2021-158 (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
Resolution No. 2021-xxx
SECTION 3. The City Council finds that a Mitigated Negative Declaration (MND) was
adopted for this project through Resolution No. 2018-75 on March 21, 2018 satisfying the
requirements of the California Environmental Quality Act (CEQA), and the actions contemplated
by this Resolution are within scope of the previously adopted MND.
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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
36.a
Packet Pg. 1059 Attachment: Attachment 1 - Resolution No. 2021-158 (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
Resolution No. 2021-xxx
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
36.a
Packet Pg. 1060 Attachment: Attachment 1 - Resolution No. 2021-158 (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
36.b
Packet Pg. 1061 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1062 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1063 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1064 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1065 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1066 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1067 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1068 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1069 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1070 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1071 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1072 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1073 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1074 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1075 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1076 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1077 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1078 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1079 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1080 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1081 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1082 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1083 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1084 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1085 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1086 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1087 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1088 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1089 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1090 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1091 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1092 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1093 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1094 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1095 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1096 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.b
Packet Pg. 1097 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “A” - PSA for 321 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1098 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1099 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1100 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1101 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1102 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1103 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1104 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1105 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1106 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1107 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1108 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 12 of 37
d. No Violation of Law. To the best of Seller’s knowledge, there is no
violation of law or governmental regulation by Seller with respect to the Property.
e. Condemnation. To the best of Seller's knowledge, there are no pending
or threatened proceedings in eminent domain or otherwise, which would affect the
Property or any portion thereof.
f. Compliance with Law. To the best of Seller's knowledge, all laws,
ordinances, rules, and requirements and regulations of any governmental agency, body,
or subdivision thereof bearing on the Property have been complied with by Seller.
g. Agreements. There are no agreements (whether oral or written)
affecting or relating to the right of any party with respect to the possession of the
Property, or any portion thereof, which are obligations that will affect the Property or
any portion thereof subsequent to the recordation of the Grant of Easement, except as
may be reflected in the Condition of Title, which shall have been approved by Buyer
pursuant to the terms of this Agreement.
h. Documents. To the best of Seller's knowledge, all documents delivered
to Buyer pursuant to this Agreement are true and correct copies of originals, and any
and all information supplied to Buyer by Seller in accordance with Paragraph 10a(2)
hereof is true and accurate.
i. Utilities. To the best of Seller's knowledge, all water, sewer, gas, electric,
telephone and drainage facilities, and all other utilities required by law and by the
normal operation of the Property are fully installed, function properly and are adequate
to service the property. Seller and Buyer acknowledge that the subject property is
currently connected to a privately owned and maintained septic tank sewer system. As
provided in Paragraph 13(a) herein, Buyer shall construct a sewer lateral from the Sewer
Main/Trunk line located within 40th Street to the property line of the Remainder Parcel.
Buyer acknowledges that Seller is not obligated to connect said sewer lateral to the
existing structures located on the Remainder Parcel. If Seller develops/redevelops the
Remainder Parcel resulting in the construction of new building improvements on the
Remainder Parcel, Seller shall be required to connect said building improvements to the
sewer lateral referenced in this Paragraph 16(i). Notwithstanding anything to the
contrary, Buyer agrees to compensate Seller the cost and expenses associated with
connecting the existing building improvements to the sewer lateral referenced herein, If
Seller is required to do so in connection with City of San Bernardino planning, building,
and safety requirements and other utility connections required by the County of San
Bernardino or any Special District having jurisdiction over land use and building
construction within the City of San Bernardino.
36.c
Packet Pg. 1109 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 13 of 37
j. Licensed Permits. To the best of Seller's knowledge, Seller has acquired
all licenses, permits, easements, rights‐of‐way, including without limitation, all building
and occupancy permits from any governmental authority having jurisdiction.
k. Maintenance Contracts. There are no maintenance, service, or similar
agreements (whether oral or written) affecting or relating to the Property, except as
provided to and approved by Buyer in accordance with Paragraph 10a(2) hereof.
l. Hazardous Substances. To the best of Seller’s knowledge, and/or except
as revealed by Seller to Buyer herein, Seller has no actual knowledge that there are
hazardous substances (as defined below) in existence on or below the surface of the
Property, including without limitation, contamination of the soil, subsoil or
groundwater, which constitutes a violation of any law, rule, or regulation of any
governmental entity having jurisdiction thereof, or which exposes Buyer to liability to
third parties. Seller has not used the Property, or any portion thereof, for the
production, disposal, or storage (whether by means of underground storage tanks or
otherwise) of any hazardous substances, and Seller has no actual knowledge that there
has been such prior use of the Property, or any portion thereof; or that there has been
any proceeding or inquiry by any governmental authority with respect to the presence
of such hazardous substances on the Property or any portion thereof. Without limiting
the other provisions of this Agreement, Seller shall cooperate with Buyer's investigation
of matters relating to the foregoing provisions of this paragraph, and provide access to
and copies of, any data and/or documents dealing with potentially hazardous
substances used at the Property and any disposal practices followed. Seller agrees that
Buyer may, with Seller's prior approval, make inquiries of governmental agencies
regarding such matters, without liability to Seller for the outcome of such discussions.
For purposes of this Agreement, the term "hazardous substances" means: (i) any
substance, product, waste, or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to the Comprehensive Environment
Response, Compensation and Liability Act (CERCLA), 42 United States Code Section 9601
et seq.; the Hazardous Material Transportation Conservation and Recovery Act, 42
United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act,
42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code
Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section
2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seq.; the California Hazardous Substance Account Act, Health and
Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and
Safety Code Section 25280 et seq. (Underground Storage or Hazardous Substances); the
California Hazardous Waste Management Act, Health and Safety Code Section 25170.1
et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials
36.c
Packet Pg. 1110 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 14 of 37
Release Response Plans and Inventory); or the California Porter‐Cologne Water Quality
Control Act, Water Code Section 13000 et seq., all as amended (the above‐cited
California state statue are hereinafter collectively referred to as "the State Toxic
Substances Laws") or any other federal, state, or local statute, law, ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous or toxic substance hereafter
in effect; (ii) any substance, product, waste, or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under any statutory or
common law theory based on negligence, trespass, intentional tort, nuisance or strict
liability or under any reported decisions of a state or federal court; (iii) petroleum or
crude oil other than petroleum and petroleum products which are contained within
regularly operated motor vehicles; and (iv) asbestos.
m. Indemnity. Seller agrees to indemnify, defend with counsel selected by
Buyer, protect and hold harmless Buyer, its directors, officers, employees, agents,
assigns, and any successor or successors to Buyer's interest from and against all claims,
actual damages (including, but not limited to, special and consequential damages),
punitive damages, injuries, costs, response costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties, and expenses (including, but not limited to, attorneys' and expert
witness' fees and costs incurred in connection with defending against any of the
foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or
suffered by, or asserted against, the Property, or any indemnified party directly or
indirectly arising from or attributable to: (i) any breach by Seller of any of its agreement
warranties or representations set forth in this Agreement, or (ii) any repair, cleanup or
detoxification, or preparation and implementation of any removal, remedial, response,
closure, or other plan concerning any hazardous substance on, under, or about the
Property, regardless of whether undertaken due to governmental action. To the fullest
extent permitted by law, the foregoing indemnification shall apply regardless of the
fault, active or passive negligence, and breach of warranty or contract of Buyer. The
foregoing indemnity is intended to operate as an agreement pursuant to CERCLA
Section 107(e), of 42 United States Code Section 9607(E), and California Health and
Safety Code Section 25364, to insure, protect, hold harmless and indemnify Buyer from
any liability pursuant to such sections.
n. Pollutants. No pollutants or waste materials from the Property have ever
been discharged by Seller into any body of water, and Seller has no actual knowledge of
any such pollution emission by any other person or entity.
o. Waste Disposal. No portion of the Property has ever been used by Seller
as a waste storage or disposal site, and Seller is not aware of any such prior uses.
36.c
Packet Pg. 1111 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 15 of 37
p. No Notices. Seller has received no written notice of any change
contemplated in any applicable laws, ordinances or restrictions, or any judicial or
administrative action, or any action by adjacent landowners, or natural or artificial
conditions upon the Property which would prevent, impede, limit, or render more costly
Buyer's contemplated use of the Property.
q. No Other Occupants. [INTENTIONALLY DELETED]
r. Warranty of Title to Improvements. [INTENTIONALLY DELETED]
s. Status Quo. [INTENTIONALLY DELETED]
t. No Liens on Improvements. [INTENTIONALLY DELETED]
u. Vacation of Property. [INTENTIONALLY DELETED]
17. Buyer's Representations and Warranties. In consideration of Seller entering into
this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the
following representations and warranties, each of which is material and is being relied upon by
Seller (the continued truth and accuracy of which shall constitute a condition precedent to
Seller's obligations hereunder):
a. This Agreement and all documents executed by Buyer under this
Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will
be, duly authorized, executed, and delivered by Buyer, and are, or at the Close of
Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at the Close
of Escrow will not violate any provisions of any agreement or judicial order to which
Buyer is a party or to which it is subject.
b. The representations and warranties of Buyer set forth in this Agreement
shall be true on and as of the Close of Escrow as if those representations and warranties
were made on and as of such time.
18. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of
any knowledge by Seller of casualty to the Property or any condemnation proceeding
commenced prior to the Close of Escrow. If any such damage or proceeding relates to, or may
result in, the loss of any material portion of the Property, Seller or Buyer may, at their option,
elect either to:
36.c
Packet Pg. 1112 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 16 of 37
(a) Terminate this Agreement, in which event all funds deposited into Escrow
by Buyer shall be returned to Buyer and neither party shall have any further rights or
obligations hereunder, or
(b) Continue the Agreement in effect, in which event upon the Close of
Escrow Buyer shall be entitled to any compensation, awards, or other payments or relief
resulting from such casualty or condemnation proceeding.
19. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered or sent by registered or certified mail,
postage prepaid, return receipt requested, and shall be deemed received upon the earlier of (a)
if personally delivered, the date of delivery to the address of the person to receive such notice,
or (b) if mailed, four business days after the date of posting by the United States post office.
Any notice, request, demand, direction, or other communication sent must be confirmed within
48 hours by letter mailed or delivered in accordance with the foregoing:
Notice of change of address shall be given by written notice in the manner
detailed in this paragraph. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to constitute
receipt of the notice, demand, request, or communication sent. The addresses of the parties
are:
To Buyer: City of San Bernardino
Public Works Department
201 North “E” Street, 2nd Floor
San Bernardino, California 92401
Attention: Alex Qishta, P.E.
Phone: (909) 384‐5019
With a Copy To: Paragon Partners Ltd
5660 Katella Avenue, Suite 100
Cypress, California 90630
Attention: Dan Akins, Project Manager
Phone: (714) 379‐3376 ext. 120
To Seller: Chehab Elaawar
3998 Mountain View St.
San Bernardino, CA. 92405
Phone: (951) 295‐7358
36.c
Packet Pg. 1113 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 17 of 37
20. Legal Fees. In the event of the bringing of any action or suit by a party hereto
against another party hereunder by reason of any breach of any of the covenants or
agreements, or any inaccuracies in any of the representations and warranties on the part of the
other party arising out of this Agreement, then in that event, the prevailing party in such action
or dispute, whether by final judgment or out of court settlement, shall be entitled to have and
recover, of and from the other party, all costs and expenses of suit, including actual attorneys'
fees.
21. Assignment. Seller may not assign, transfer or convey its rights or obligations
under this Agreement without the prior written consent of Buyer, and then only if Seller's
assignee assumes in writing all of Seller's obligations hereunder.
22. Seller's Indemnification. Seller hereby agrees to indemnify, defend and hold
harmless Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances,
losses, damages, costs and expenses, including without limitation, attorneys' fees, whether
direct, contingent, or consequential, incurred by Buyer relating to the Property and arising or
accruing from acts, occurrences, or matters that take place on or before the Close of Escrow or
resulting from any breach by Seller of their representations, warranties and covenants
contained in this Agreement. Seller agrees to pay, at its sole cost and expense, when due, any
and all brokerage commissions, finder’s fees or other fees or commissions in the nature thereof
heretofore or hereafter incurred prior to close of escrow.
23. Miscellaneous.
a. Survival of Covenants. The indemnities, covenants, representations and
warranties of both Buyer and Seller set forth in this Agreement shall survive the
recordation of the Grant of Easement and the Close of Escrow.
b. Required Actions of Buyer and Seller. 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 their best efforts to accomplish the Close of Escrow in accordance with the
provisions hereof.
c. Time of Essence. Time is of the essence of each and every term,
condition, obligation, and provision hereof.
d. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute
one and the same instrument.
36.c
Packet Pg. 1114 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 18 of 37
e. Captions. Any captions to, or headings of, the paragraphs or
subparagraphs 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.
f. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, nor obligate any of the parties hereto, to any person or entity other than
the parties hereto.
g. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference.
h. 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.
i. 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.
j. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, with the exception of definitions to
be construed under Federal laws cited in Paragraph 14(l).
k. Fees and Other Expenses. Except as otherwise provided herein, each of
the parties shall pay its own fees and expenses in connection with this Agreement.
l. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement
between Buyer and Seller as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employee,
officer, agent or representative of either party shall be of any effect unless it is in writing
and executed by the party to be bound thereby.
m. Severability. If any term or provision of this Agreement is, to any extent,
held invalid or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall not be affected.
n. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
36.c
Packet Pg. 1115 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 19 of 37
o. No Brokers. Each party warrants and represents to the other that no
brokers or finders have been retained or consulted in connection with this transaction.
Each party agrees to defend, indemnify, protect and hold harmless the other party from
any claims, expenses, costs, or liabilities arising in connection with a breach of that
party's representations, warranties, or covenants under this Agreement.
24. Indemnification of Escrow Holder.
a. If this Agreement or any matter relating hereto shall become the subject
of any litigation or controversy, Buyer and Seller agree, jointly and severally, to hold
Escrow Holder free and harmless from any loss or expense, including attorneys' fees,
that may be suffered by it by reason thereof except for losses or expenses as may arise
from Escrow Holder's negligent or willful misconduct. If conflicting demands are made
or notices served upon Escrow Holder with respect to this Agreement, the parties
expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and
obtain an order from the court requiring the parties to interplead and litigate their
several claims and rights among themselves. Upon the filing of the action in
interpleader, Escrow Holder shall be fully released and discharged from any obligations
imposed upon it by this Agreement; and
b. Escrow Holder shall not be liable for the sufficiency or correctness as to
form, manner, execution, or validity of any instrument deposited with it, nor as to the
identity, authority or rights of any person executing such instrument, nor for failure of
Buyer or Seller to comply with any of the provisions of any agreement, contract or other
instrument filed with Escrow Holder, or referred to herein. Escrow Holder's duties
hereunder shall be limited to the safekeeping of all monies, instruments, or other
documents received by it as Escrow Holder, and for their disposition in accordance with
the terms of this Agreement.
25. Vacation of Property and Holdover Rent. [INTENTIONALLY DELETED]
26. Independent Advice of Counsel. The parties hereto and each of them, represent
and declare that in executing this Agreement they rely solely upon their own judgment, belief
and knowledge, and the advice and recommendations of their own independently selected
counsel, concerning the nature, extent and duration of their rights and claims, and that they
have not been influenced to any extent whatsoever in executing the same by any of the parties
hereto or by any person representing them, or any of them. The parties hereto, and each of
them, further represent and declare that they have carefully read this Agreement and know the
contents thereof, and that they sign the same freely and voluntarily.
36.c
Packet Pg. 1116 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐11 Seller’s Initials Buyer’s Initials
Page 20 of 37
27. Risk of Loss. [INTENTIONALLY DELETED]
28. Bulk Sales Act. [INTENTIONALLY DELETED]
29. Restoration of Property. Buyer agrees that it will, at Buyer’s sole cost and
expense, restore the Property area to a condition as near as practicable to the condition that
existed immediately prior to Buyer’s possession or use of the Property for the Project, unless
otherwise agreed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
“Buyer” CITY OF SAN BERNARDINO, a Municipal
corporation
By: ______________________________________
Name: ___________________________________
Title: _____________________________________
Date: _______________________________
“Seller” THE SHAB EL‐AAWAR TRUST U/D/T DATED
AUGUST 15, 1991 CHEHAB ELAAWAR AS TRUSTEE
By: ______________________________________
Print Name: _______________________________
Title: _____________________________________
Date: _______________________________
[INTENTIONALLY LEFT BLANK]
Chehab elawar
4/22/2021
Trusttee if the trust
36.c
Packet Pg. 1117 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1118 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1119 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1120 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1121 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1122 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1123 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1124 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1125 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1126 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1127 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1128 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1129 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1130 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1131 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1132 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1133 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.c
Packet Pg. 1134 Attachment: Attachment 3 - Resolution No. 2021-158; Exhibit “B” - PSA for 325 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1135 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1136 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1137 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1138 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1139 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1140 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1141 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1142 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1143 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1144 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1145 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1146 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 13 of 40
e. Condemnation. To the best of Seller's knowledge, there are no pending
or threatened proceedings in eminent domain or otherwise, which would affect the
Property or any portion thereof.
f. Compliance with Law. To the best of Seller's knowledge, all laws,
ordinances, rules, and requirements and regulations of any governmental agency, body,
or subdivision thereof bearing on the Property have been complied with by Seller.
g. Agreements. There are no agreements (whether oral or written)
affecting or relating to the right of any party with respect to the possession of the
Property, or any portion thereof, which are obligations that will affect the Property or
any portion thereof subsequent to the recordation of the Grant of Easement, except as
may be reflected in the Condition of Title, which shall have been approved by Buyer
pursuant to the terms of this Agreement.
h. Documents. To the best of Seller's knowledge, all documents delivered
to Buyer pursuant to this Agreement are true and correct copies of originals, and any
and all information supplied to Buyer by Seller in accordance with Paragraph 10a(2)
hereof is true and accurate.
i. Utilities. To the best of Seller's knowledge, all water, sewer, gas, electric,
telephone and drainage facilities, and all other utilities required by law and by the normal
operation of the Property are fully installed, function properly and are adequate to service the
property. Seller and Buyer acknowledge that the subject property is currently connected to a
privately owned and maintained septic tank sewer system. As provided in Paragraph 13(a)
herein, Buyer shall construct a sewer lateral from the Sewer Main/Trunk line located within 40th
Street to the property line of the Remainder Parcel. Buyer acknowledges that Seller is not
obligated to connect said sewer lateral to the existing structures located on the Remainder
Parcel. Buyer also acknowledges that Seller, pursuant to Paragraph 13(b) herein is required to
demolish existing improvements on the Remainder Parcel. In connection therewith, Seller is
not obligated to connect the existing improvements to the sewer lateral referenced in this
Paragraph 16(i). If Seller develops/redevelops the Remainder Parcel resulting in the
construction of new building improvements on the Remainder Parcel, Seller shall be required to
connect said building improvements to the sewer lateral referenced in this Paragraph 16(i).
Notwithstanding anything to the contrary, Buyer agrees to compensate Seller the cost and
expenses associated with connecting the existing building improvements to the sewer lateral
referenced herein, If Seller is required to do so in connection with City of San Bernardino
planning, building, and safety requirements and other utility connections required by the
County of San Bernardino or any Special District having jurisdiction over land use and building
construction within the City of San Bernardino.
36.d
Packet Pg. 1147 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 14 of 40
j. Licensed Permits. To the best of Seller's knowledge, Seller has acquired
all licenses, permits, easements, rights‐of‐way, including without limitation, all building
and occupancy permits from any governmental authority having jurisdiction.
k. Maintenance Contracts. There are no maintenance, service, or similar
agreements (whether oral or written) affecting or relating to the Property, except as
provided to and approved by Buyer in accordance with Paragraph 10a(2) hereof.
l. Hazardous Substances. To the best of Seller’s knowledge, and/or except
as revealed by Seller to Buyer herein, Seller has no actual knowledge that there are
hazardous substances (as defined below) in existence on or below the surface of the
Property, including without limitation, contamination of the soil, subsoil or
groundwater, which constitutes a violation of any law, rule, or regulation of any
governmental entity having jurisdiction thereof, or which exposes Buyer to liability to
third parties. Seller has not used the Property, or any portion thereof, for the
production, disposal, or storage (whether by means of underground storage tanks or
otherwise) of any hazardous substances, and Seller has no actual knowledge that there
has been such prior use of the Property, or any portion thereof; or that there has been
any proceeding or inquiry by any governmental authority with respect to the presence
of such hazardous substances on the Property or any portion thereof. Without limiting
the other provisions of this Agreement, Seller shall cooperate with Buyer's investigation
of matters relating to the foregoing provisions of this paragraph, and provide access to
and copies of, any data and/or documents dealing with potentially hazardous
substances used at the Property and any disposal practices followed. Seller agrees that
Buyer may, with Seller's prior approval, make inquiries of governmental agencies
regarding such matters, without liability to Seller for the outcome of such discussions.
For purposes of this Agreement, the term "hazardous substances" means: (i) any
substance, product, waste, or other material of any nature whatsoever which is or
becomes listed, regulated, or addressed pursuant to the Comprehensive Environment
Response, Compensation and Liability Act (CERCLA), 42 United States Code Section 9601
et seq.; the Hazardous Material Transportation Conservation and Recovery Act, 42
United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act,
42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code
Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section
2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seq.; the California Hazardous Substance Account Act, Health and
Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic
Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and
Safety Code Section 25280 et seq. (Underground Storage or Hazardous Substances); the
California Hazardous Waste Management Act, Health and Safety Code Section 25170.1
et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials
36.d
Packet Pg. 1148 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 15 of 40
Release Response Plans and Inventory); or the California Porter‐Cologne Water Quality
Control Act, Water Code Section 13000 et seq., all as amended (the above‐cited
California state statue are hereinafter collectively referred to as "the State Toxic
Substances Laws") or any other federal, state, or local statute, law, ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous or toxic substance hereafter
in effect; (ii) any substance, product, waste, or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under any statutory or
common law theory based on negligence, trespass, intentional tort, nuisance or strict
liability or under any reported decisions of a state or federal court; (iii) petroleum or
crude oil other than petroleum and petroleum products which are contained within
regularly operated motor vehicles; and (iv) asbestos.
m. Indemnity. Seller agrees to indemnify, defend with counsel selected by
Buyer, protect and hold harmless Buyer, its directors, officers, employees, agents,
assigns, and any successor or successors to Buyer's interest from and against all claims,
actual damages (including, but not limited to, special and consequential damages),
punitive damages, injuries, costs, response costs, losses, demands, debts, liens,
liabilities, causes of action, suits, legal or administrative proceedings, interest, fines,
charges, penalties, and expenses (including, but not limited to, attorneys' and expert
witness' fees and costs incurred in connection with defending against any of the
foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or
suffered by, or asserted against, the Property, or any indemnified party directly or
indirectly arising from or attributable to: (i) any breach by Seller of any of its agreement
warranties or representations set forth in this Agreement; (ii) any repair, cleanup or
detoxification, or preparation and implementation of any removal, remedial, response,
closure, or other plan concerning any hazardous substance on, under, or about the
Property, regardless of whether undertaken due to governmental action, (iii) any
amounts expended by Buyer to secure exclusive possession free of any occupant
disclosed in Exhibit “F” of this Agreement after the agreed‐upon vacation date set forth
in Paragraph 25 of this Agreement, or (iv) any amounts expended by Buyer to secure
have removed any tenants or occupants not disclosed in Exhibit “F” of this Agreement
after the agreed‐upon vacation date set forth in Paragraph 25 of this Agreement. To
the fullest extent permitted by law, the foregoing indemnification shall apply regardless
of the fault, active or passive negligence, and breach of warranty or contract of Buyer.
The foregoing indemnity is intended to operate as an agreement pursuant to CERCLA
Section 107(e), of 42 United States Code Section 9607(E), and California Health and
Safety Code Section 25364, to insure, protect, hold harmless and indemnify Buyer from
any liability pursuant to such sections.
36.d
Packet Pg. 1149 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 16 of 40
n. Pollutants. No pollutants or waste materials from the Property have ever
been discharged by Seller into any body of water, and Seller has no actual knowledge of
any such pollution emission by any other person or entity.
o. Waste Disposal. No portion of the Property has ever been used by Seller
as a waste storage or disposal site, and Seller is not aware of any such prior uses.
p. No Notices. Seller has received no written notice of any change
contemplated in any applicable laws, ordinances or restrictions, or any judicial or
administrative action, or any action by adjacent landowners, or natural or artificial
conditions upon the Property which would prevent, impede, limit, or render more costly
Buyer's contemplated use of the Property.
q. No Other Occupants. Seller warrants that the information provided on
the Tenant List attached as Exhibit "F" is correct. Seller warrants that there are no
tenants or occupants, or written or oral leases, on all or any portion of the Property and
Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its
losses and expenses, including relocation assistance costs, occasioned by reason of any
undisclosed lease of said property held by any undisclosed tenant or occupant of Seller.
Seller agrees not to assign, transfer or sell to any third party any right, title or interest
Seller has in the Property.
r. Warranty of Title to Improvements. [INTENTIONALLY DELETED]
s. Status Quo. [INTENTIONALLY DELETED]
t. No Liens on Improvements. [INTENTIONALLY DELETED]
u. Vacation of Property. [INTENTIONALLY DELETED]
17. Buyer's Representations and Warranties. In consideration of Seller entering into
this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the
following representations and warranties, each of which is material and is being relied upon by
Seller (the continued truth and accuracy of which shall constitute a condition precedent to
Seller's obligations hereunder):
a. This Agreement and all documents executed by Buyer under this
Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will
be, duly authorized, executed, and delivered by Buyer, and are, or at the Close of
Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at the Close
36.d
Packet Pg. 1150 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 17 of 40
of Escrow will not violate any provisions of any agreement or judicial order to which
Buyer is a party or to which it is subject.
b. The representations and warranties of Buyer set forth in this Agreement
shall be true on and as of the Close of Escrow as if those representations and warranties
were made on and as of such time.
18. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of
any knowledge by Seller of casualty to the Property or any condemnation proceeding
commenced prior to the Close of Escrow. If any such damage or proceeding relates to, or may
result in, the loss of any material portion of the Property, Seller or Buyer may, at their option,
elect either to:
(a) Terminate this Agreement, in which event all funds deposited into Escrow
by Buyer shall be returned to Buyer and neither party shall have any further rights or
obligations hereunder, or
(b) Continue the Agreement in effect, in which event upon the Close of
Escrow Buyer shall be entitled to any compensation, awards, or other payments or relief
resulting from such casualty or condemnation proceeding.
19. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered or sent by registered or certified mail,
postage prepaid, return receipt requested, and shall be deemed received upon the earlier of (a)
if personally delivered, the date of delivery to the address of the person to receive such notice,
or (b) if mailed, four business days after the date of posting by the United States post office.
Any notice, request, demand, direction, or other communication sent must be confirmed within
48 hours by letter mailed or delivered in accordance with the foregoing:
Notice of change of address shall be given by written notice in the manner
detailed in this paragraph. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to constitute
receipt of the notice, demand, request, or communication sent. The addresses of the parties
are:
To Buyer: City of San Bernardino
Public Works Department
201 North “E” Street, 2nd Floor
San Bernardino, California 92401
Attention: Alex Qishta, P.E.
Phone: (909) 384‐5019
36.d
Packet Pg. 1151 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 18 of 40
With a Copy To: Paragon Partners Ltd
5660 Katella Avenue, Suite 100
Cypress, California 90630
Attention: Dan Akins, Project Manager
Phone: (714) 379‐3376 ext. 120
To Seller: Chehab Elaawar
3998 Mountain View St.
San Bernardino, CA. 92405
Phone: (951) 295‐7358
20. Legal Fees. In the event of the bringing of any action or suit by a party hereto
against another party hereunder by reason of any breach of any of the covenants or
agreements, or any inaccuracies in any of the representations and warranties on the part of the
other party arising out of this Agreement, then in that event, the prevailing party in such action
or dispute, whether by final judgment or out of court settlement, shall be entitled to have and
recover, of and from the other party, all costs and expenses of suit, including actual attorneys'
fees.
21. Assignment. Seller may not assign, transfer or convey its rights or obligations
under this Agreement without the prior written consent of Buyer, and then only if Seller's
assignee assumes in writing all of Seller's obligations hereunder.
22. Seller's Indemnification. Seller hereby agrees to indemnify, defend and hold
harmless Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances,
losses, damages, costs and expenses, including without limitation, attorneys' fees, whether
direct, contingent, or consequential, incurred by Buyer relating to the Property and arising or
accruing from acts, occurrences, or matters that take place on or before the Close of Escrow or
resulting from any breach by Seller of their representations, warranties and covenants
contained in this Agreement. Seller agrees to pay, at its sole cost and expense, when due, any
and all brokerage commissions, finder’s fees or other fees or commissions in the nature thereof
heretofore or hereafter incurred prior to close of escrow.
23. Miscellaneous.
a. Survival of Covenants. The indemnities, covenants, representations and
warranties of both Buyer and Seller set forth in this Agreement shall survive the
recordation of the Grant of Easement and the Close of Escrow.
b. Required Actions of Buyer and Seller. Buyer and Seller agree to execute
such instruments and documents and to diligently undertake such actions as may be
36.d
Packet Pg. 1152 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 19 of 40
required in order to consummate the purchase and sale herein contemplated, and shall
use their best efforts to accomplish the Close of Escrow in accordance with the
provisions hereof.
c. Time of Essence. Time is of the essence of each and every term,
condition, obligation, and provision hereof.
d. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute
one and the same instrument.
e. Captions. Any captions to, or headings of, the paragraphs or
subparagraphs 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.
f. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, nor obligate any of the parties hereto, to any person or entity other than
the parties hereto.
g. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference.
h. 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.
i. 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.
j. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, with the exception of definitions to
be construed under Federal laws cited in Paragraph 14(l).
k. Fees and Other Expenses. Except as otherwise provided herein, each of
the parties shall pay its own fees and expenses in connection with this Agreement.
l. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement
36.d
Packet Pg. 1153 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 20 of 40
between Buyer and Seller as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employee,
officer, agent or representative of either party shall be of any effect unless it is in writing
and executed by the party to be bound thereby.
m. Severability. If any term or provision of this Agreement is, to any extent,
held invalid or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall not be affected.
n. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
o. No Brokers. Each party warrants and represents to the other that no
brokers or finders have been retained or consulted in connection with this transaction.
Each party agrees to defend, indemnify, protect and hold harmless the other party from
any claims, expenses, costs, or liabilities arising in connection with a breach of that
party's representations, warranties, or covenants under this Agreement.
24. Indemnification of Escrow Holder.
a. If this Agreement or any matter relating hereto shall become the subject
of any litigation or controversy, Buyer and Seller agree, jointly and severally, to hold
Escrow Holder free and harmless from any loss or expense, including attorneys' fees,
that may be suffered by it by reason thereof except for losses or expenses as may arise
from Escrow Holder's negligent or willful misconduct. If conflicting demands are made
or notices served upon Escrow Holder with respect to this Agreement, the parties
expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and
obtain an order from the court requiring the parties to interplead and litigate their
several claims and rights among themselves. Upon the filing of the action in
interpleader, Escrow Holder shall be fully released and discharged from any obligations
imposed upon it by this Agreement; and
b. Escrow Holder shall not be liable for the sufficiency or correctness as to
form, manner, execution, or validity of any instrument deposited with it, nor as to the
identity, authority or rights of any person executing such instrument, nor for failure of
Buyer or Seller to comply with any of the provisions of any agreement, contract or other
instrument filed with Escrow Holder, or referred to herein. Escrow Holder's duties
hereunder shall be limited to the safekeeping of all monies, instruments, or other
documents received by it as Escrow Holder, and for their disposition in accordance with
the terms of this Agreement.
36.d
Packet Pg. 1154 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
Project Name : Fortieth Street Widening Project (SS04‐014) ______/_____ ______/______
APN : 0271‐052‐13 Seller’s Initials Buyer’s Initials
Page 21 of 40
25. Vacation of Property and Holdover Rent. [INTENTIONALLY DELETED]
26. Independent Advice of Counsel. The parties hereto and each of them, represent
and declare that in executing this Agreement they rely solely upon their own judgment, belief
and knowledge, and the advice and recommendations of their own independently selected
counsel, concerning the nature, extent and duration of their rights and claims, and that they
have not been influenced to any extent whatsoever in executing the same by any of the parties
hereto or by any person representing them, or any of them. The parties hereto, and each of
them, further represent and declare that they have carefully read this Agreement and know the
contents thereof, and that they sign the same freely and voluntarily.
27. Risk of Loss. [INTENTIONALLY DELETED]
28. Bulk Sales Act. [INTENTIONALLY DELETED]
29. Restoration of Property. Subject to Paragraph 13(b), Buyer agrees that it will, at
Buyer’s sole cost and expense, restore the Property area to a condition as near as practicable to
the condition that existed immediately prior to Buyer’s possession or use of the Property for
the Project, unless otherwise agreed by the parties.
<INTENTIONALLY LEFT BLANK>
36.d
Packet Pg. 1155 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1156 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1157 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1158 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1159 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1160 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1161 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1162 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1163 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1164 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1165 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1166 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1167 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1168 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1169 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1170 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1171 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1172 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1173 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
36.d
Packet Pg. 1174 Attachment: Attachment 2 - Resolution No. 2021-158; Exhibit “C” - PSA for 301 W. 40th (7387 : Purchase and Sale Agreement for 301, 321 & 325
LOCATION MAP
40TH STREET WIDENING FROM JOHNSON
STREET TO ELECTRIC AVENUE
36.e
Packet Pg. 1175 Attachment: Attachment 5 - Location Maps [Revision 1] (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
LOCATION MAP
301 West 40th Street
36.e
Packet Pg. 1176 Attachment: Attachment 5 - Location Maps [Revision 1] (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
LOCATION MAP
321 West 40th Street
36.e
Packet Pg. 1177 Attachment: Attachment 5 - Location Maps [Revision 1] (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
LOCATION MAP
325 West 40th Street
36.e
Packet Pg. 1178 Attachment: Attachment 5 - Location Maps [Revision 1] (7387 : Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 16, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward
4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Housing Agency to the Redevelopment Agency of
the City of San Bernardino, adopt Resolution No. 2021-159, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage relating to real property located at 4394 North Pershing Avenue, San
Bernardino, California.
Background
On October 17, 1994, the Community Development Commission of the City of San
Bernardino (“Commission”) approved Resolution 5409, establishing the Mortgage
Assistance Program, subsequently renamed the Homebuyer Assistance Program,
which made available a limited number of deferred payment (principal and interest)
second mortgages. This Program was designed to provide income -qualified families
with down payment/closing cost monies necessary to secure financing towards the
purchase of single-family detached homes in the City and provided an additional
avenue for the former Redevelopment Agency of the City of San Bernardino (“Agency”)
to ensure the availability of affordable housing to income -qualified home buyers in the
community.
On January 9, 2012, the Mayor and City Council adopted Resolution 2012 -12
confirming that the City of San Bernardino would serve as the “Successor Agency” to
the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and
City Council adopted Resolution 2012-19 further confirming that the City would serve as
the “Successor Housing Agency” to the former Redevelopment Agency and perform the
housing functions previously performed by the Agency.
Discussion
The Homebuyer Assistance Program allows program participants to refinance their
mortgage only to lower the interest rate and/or term. Should the homeowner request to
“cash out” the property’s equity the subordination request would be denied and the
37
Packet Pg. 1179
7388
Page 2
Agency loan would become due.
The owner for the property located at 4394 North Pershing Avenue received down
payment assistance and is now requesting to refinance their existing first mortgage. The
owner of the property listed above has submitted a subordination request to Successor
Housing Agency staff and the application has been reviewed and approved. To proceed
with the refinancing, the new lender and title company require the Agency’s deed of
trust to be expressly subordinated to the new first deed of trust. Therefore, staff
requests that the City Manager, or designee, be authorized to sign and cause to be
recorded the subordination agreement and associated documents which will allow the
property owner to refinance their first mortgage.
2020-2025 Key Strategic Targets and Goals
Adoption of the attached resolution aligns with Key Target No. 3: Improved Quality of
Life. Refinancing supports homeownership and sustains neighborhoods throughout the
City.
Fiscal Impact
There is no fiscal impact to the General Fund since processing the request is funded by
the Recognized Obligation Payment Scheduled (ROPS).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Housing Agency to the Redevelopment Agency of
the City of San Bernardino, adopt Resolution No. 2021-159, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage relating to real property located at 4394 North Pershing Avenue, San
Bernardino, California.
Attachments
Attachment 1 Resolution No. 2021-159
Attachment 2 Resolution No. 2021-159; Exhibit A - Subordination Agreement
Ward: 4
Synopsis of Previous Council Actions:
January 23, 2012 Mayor and City Council adopted Resolution 2012 -19 further
confirming that the City would serve as the “Successor Housing
Agency” to the former Redevelopment Agency and perform the
housing functions previously performed by the Agency.
37
Packet Pg. 1180
RESOLUTION NO. 2021-159
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACTING AS THE SUCCESSOR HOUSING AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO APPROVING THE SUBORDINATION OF A
DEED OF TRUST IN CONNECTION WITH A
REFINANCING OF THE SENIOR MORTGAGE
RELATING TO REAL PROPERTY LOCATED AT 4394 N
PERSHING AVENUE, SAN BERNARDINO, CALIFORNIA
WHEREAS, on January 9, 2012, the Mayor and City Council of the City of San
Bernardino, California, (“Council”) adopted Resolution No. 2012-12 confirming that the City of
San Bernardino would serve as the Successor Agency to the Redevelopment Agency (“Agency”)
of the City of San Bernardino (“Successor Agency”) effective February 1, 2012, pursuant to
AB1X 26 (The Redevelopment Agency Dissolution Act); and
WHEREAS on January 23, 2012, the City Council adopted Resolution No. 2012-19
providing for the City to serve as the Successor Housing Agency and perform the housing
functions previously performed by the Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X26 the
Oversight Board is to direct the transfer of housing responsibilities, including all rights, powers,
duties, obligations and assets, to the Successor Housing Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB1484 the
restrictions on the use of real property such as affordability covenants entered into by the Agency
are considered a housing asset; and
WHEREAS, a Deed of Trust affecting real property located at 4394 North Pershing
Avenue, San Bernardino, California (“Property”) exists as of July 29, 2008, and recorded on
August 27, 2008, as Instrument Number 2008-0391513 in the Official Records of the County of
San Bernardino (“Deed of Trust”); and
WHEREAS, the terms of the Deed of Trust allow the Trustor to obtain the release of the
security interest of the First Mortgage Lender in the Property for the purpose of a third-party
lender which refinances the purchase money mortgage of the First Mortgage Lender; and
WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust
on which owner(s) (Tiffany Garcia) request the subordination so that they can proceed on a
refinance and a clear lenders title policy can be provided to the new lender of the Property; and
WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is
a housing asset and/or housing function, and desires to authorize Successor Housing Agency
37.a
Packet Pg. 1181 Attachment: Attachment 1 - Resolution 2021-159 [Revision 1] (7388 : Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4))
Resolution No. ___
staff to transfer all rights and interest in the Deed of Trust to the City in its capacity as the
Successor Housing Agency; and
WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded
a subordination agreement (Exhibit A) for the purposes of causing the new third-party lender to
have a security interest in the Property senior to that of the Successor Housing Agency.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, ACTING AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by t his
reference.
SECTION 2. Pursuant to Health & Safety Code Section 34176, the Successor Housing
Agency to the Redevelopment Agency of the City of San Bernardino does hereby find and
determine that the Deed of Trust is a housing asset and hereby authorizes the City Manager or
his/her designee, to execute the Subordination Agreement (attached and incorporated herein as
Exhibit “A”) and do all such acts and things necessary to cause it to be recorded with the San
Bernardino County Recorder.
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 __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
37.a
Packet Pg. 1182 Attachment: Attachment 1 - Resolution 2021-159 [Revision 1] (7388 : Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4))
Resolution No. ___
Sonia Carvalho, City Attorney
37.a
Packet Pg. 1183 Attachment: Attachment 1 - Resolution 2021-159 [Revision 1] (7388 : Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4))
Resolution No. ___
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
37.a
Packet Pg. 1184 Attachment: Attachment 1 - Resolution 2021-159 [Revision 1] (7388 : Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4))
1
When recorded mail to:
City of San Bernardino, acting in its
capacity as the Successor Housing Agency
to the Redevelopment Agency of
the City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Owner Name: Tiffany Garcia
4394 N Pershing Avenue
San Bernardino, CA 92407
SPACE ABOVE THIS LINE FOR RECORDERS USE.
Form of
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
This AGREEMENT, made this day of , 2021, by (Tiffany Garcia), Owner of the land
hereinafter described and hereinafter referred to as "Owner," and the City of San Bernardino, acting in its capacity as
the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and
holder of the Deed of Trust and Note;
WITNESSETH
WHEREAS, Owner(s) did on July 29, 2008, execute a Deed of Trust to Arrowhead Credit Union, a
California Corporation, as trustee, covering:
LEGAL DESCRIPTION: The land herein after referred to is situated in the City of San Bernardino, County
of San Bernardino, State of California, and is described as follows:
Lot 16 of Tract 2894, edge hill view tract, city of san bernardino, county of san bernardino, state of california,
as per map recorded in book 42, page 64, in the office of the county recorder of said county
to secure a Note in the sum of $56,400 dated July 29, 2008 in favor of the Redevelopment Agency of the City of San
Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was
recorded August 27, 2008, as Instrument No. 2008-0391513, Official Records of said county;
WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San
Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino
(“Successor Beneficiary”) pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23,
2012;
WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to exceed
$99,468, dated , in favor of JPMorgan Chase Bank., N.A., hereinafter referred to as
“Lender,” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be
recorded concurrently herewith; and
37.b
Packet Pg. 1185 Attachment: Attachment 2 - Resolution 2021-159; Exhibit A - Subordination Agreement (7388 : Subordination of Deed of Trust - 4349 N.
2
WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned
shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and
superior to the lien or charge of the Deed of Trust first above mentioned; and
WHEREAS, lender is willing to make said loan provided the Deed of T rust securing the same is a lien or
charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above
mentioned and provided that Successor Beneficiary will specifically and unconditionally subordinate the l ien or
charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and
Successor Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or
charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other
valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to
induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows:
1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof,
shall unconditionally be and remain at all times a lien or charge on the property therein described, prior
and superior to the lien or charge or the Deed of Trust first above mentioned.
2. That Lender would not make its loan above described without this Subordination Agreement.
3. That this Agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor
of the lender above referred to and shall supersede and cancel, but only insofar as would affect the
priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such
subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first
above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or
Deeds of Trust or to another mortgage or mortgages.
Successor Beneficiary declares, agrees and acknowledges that:
(a) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor
has Lender represented that it will, see to the application of such proceeds by the person or persons to
whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than those provided for in such agreement or agreements shall not defeat the s ubordination herein
made in whole or in part;
(b) Successor Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien
or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of
the Deed of Trust in favor of Lender above referred to and understands t hat in reliance upon, and in
consideration of, this waiver, relinquishment and subordination specific loans and advances are being
and will be make and, as part and parcel thereof, specific monetary and other obligations are being and
will be entered into which would not be made or entered into but for said reliance upon this waiver,
relinquishment and subordination; and
(c) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned
that said Deed of Trust has by this i nstrument been subordinated to the lien or charge of the Deed of
Trust in favor or Lender above referred to.
37.b
Packet Pg. 1186 Attachment: Attachment 2 - Resolution 2021-159; Exhibit A - Subordination Agreement (7388 : Subordination of Deed of Trust - 4349 N.
3
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A
PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT
OF THE LAND.
City of San Bernardino, acting as the Successor Housing Agency
to the Redevelopment Agency of the City of San Bernardino
_____________________________________ ____________________________________
Robert D. Field, City Manager Owner
City of San Bernardino
Owner
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
37.b
Packet Pg. 1187 Attachment: Attachment 2 - Resolution 2021-159; Exhibit A - Subordination Agreement (7388 : Subordination of Deed of Trust - 4349 N.