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08-18-2021 Agenda Packet
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, AUGUST 18, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record by emailing publiccomments@bscity.org or http://sbcity.tiny.us/comments by 4:00 p.m.. It will not be read aloud. o Verbal Public Comments will be in person 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 To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/08-18-2021-agendabackup o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 8/13/2021 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): i. Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. Case No. 5:20-cv-1189-KK ii. Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB2111504 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Se ction 54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020. (C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Title: City Manager (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 8/13/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS 1. Citizen of the Month - Terry "Terrible" Washington (Ward 1) PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA DISCUSSION 2. Ordinance for Wastewater Facilities and Collection Rules and Regulations (All Wards) Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC-1562 an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. 3. Aspen Institute City Learning Action Lab (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the City's participation in the Aspen Institute City Learning Action Lab. 4. Adoption of Procurement Card Policy Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-213 as presented establishing the Procurement Card Policy. 5. Adoption of Reimbursement Policy Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-202 as presented establishing the Reimbursement Policy. Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 8/13/2021 6. Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1) Recommendation Adopt Resolution No. 2021-214 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Exclusive Negotiation Agreement (ENA) between the City of San Bernardino and San Bernardino Development Company LLC also known as RDICO for the Carousel Mall property. PUBLIC HEARINGS 7. Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code, Granting Arrest Authority to the Business Registration Department Violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC-1563 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code, granting arrest authority to the Business Registration Department for violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code. CONSENT CALENDAR 8. Resolution to Approve Agreements with Staples Advantage Recommendation Adopt Resolution No. 2021-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with Staples for office supplies and an agreement for managed print services. 9. Approval of the Mayor and City Council Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the August 4, 2021, Mayor and City Council meeting. 10. On-Call Building Plan Check, Inspection and Staffing Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the eighth amendment to the Professional Services Agreement between the City of San Bernardino and Willdan Engineering for plan review, inspection, stormwater management and counter services, increasing the contract by $650,000 for services rendered during FY 2020/21 required to keep pace with increases in plan check submittals and building inspection requests. 2. Authorize the Director of Finance to amend the FY 2020/21 adopted operating Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 8/13/2021 budget to increase revenues received by the Community and Economic Development Department by $1,000,000 to record the additional revenue received for plan check and building inspections. 3. Authorize the Director of Finance to amend the FY 2020/21 adopted operating budget to increase the appropriation to the Community and Economic Development Department expense budget by $650,000 and authorizing the Director of Finance to record a change order to the Willdan Engineering, purchase order, increasing the not-to-exceed amount to $2,150,000. 4. Adopt Resolution No. 2021-205 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering, the City of San Bernardino and Interwest Consulting Group and the City of San Bernardino and 4Leaf to include two (2) one -year extension options for plan check, building inspection and staffing services. 11. Investment Portfolio Report for July 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2021. 12. United States Conference of Mayors 89TH Annual Meeting Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority and Expense Request for the Mayor’s attendance to the 89th Annual Meeting of the United States Conference of Mayors , which will be hosted in Austin, Texas, from August 31, 2021 to September 1, 2021. 13. 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 July 2021. 14. 2021 League of California Cities - Travel Authority and Expense Request (Mayor) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Travel Authority and Expense Request pertaining to the Mayor of San Bernardino's attendance at the 2021 Annual Conference and Expo of the League of California Cities hosted in Sacramento, California; September 22, 2021 to September 24, 2021. 15. Irrevocable Agreement to Annexation No. 2021-367 (Ward 6) Recommendation Adopt Resolution No. 2021-206 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 south of the intersection of Kendall Drive and Cajon Boulevard Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 8/13/2021 (APN 0262-022-07); and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 16. Purchase and Sale Agreement for Vacant Property Identified as San Bernardino County Assessor Parcel Number 0269-181-04 (Ward 6) Recommendation Adopt Resolution No. 2021-207 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 BBC Properties, LLC for the vacant property identified as San Bernardino County Assessor Parcel Number 0269-181-04. 17. Resolution to Approve the Purchase of Internet Services from Spectrum Enterprise for IEMG for 60 Months in an Amount Not to Exceed $76,500. Recommendation Adopt Resolution 2021-208 of the Mayor and City Council for the City of San Bernardino, California, authorizing the purchase of internet services from Spectrum Enterprise for Inland Empire Media Group (IEMG) for 60 months in an amount not to exceed $76,500. 18. Shandin Hills Contract Amendment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-209 authorizing the City Manager to execute the Second Amendment to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC. 19. 2021 League of California Cities - Travel Authority and Expense Request (Council) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority for Mayor Pro Tem Sandra Ibarra, Council Member Damon L. Alexander, Council Member Kimberly Calvin, and Council Member Ben Reynoso, to attend the 2021 League of California Cities Annual Conference & Expo from September 22 through September 24, 2021 , in Sacramento, California. 20. Modular Building Project Cost Increase Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-210 of the Mayor and City Council of the City of San Bernardino, California, ratifying the City Manager’s execution of lease agreements for modular buildings at the Animal Shelter; and 2. Authorize the Director of Finance to amend the FY 2021/22 Budget to appropriate $20,260 of the San Manuel Grant Fund (accou nt 123 230 8821 5504) for the delivery and placement of the two modular trailers at the shelter. Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 8/13/2021 21. Resolution to Establish Parking Restrictions on the West Side of State Street, North of Highland Avenue (Ward 6) Recommendation Adopt Resolution No. 2021-211of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Stopping Anytime” zone on the westside of State Street 165 feet from the curb prolongation of Highland Avenue. 22. 2021 League of California Cities - Travel Authority and Expense Request (City Manager) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel and Expense Request for City Manager Robert D. Field to attend the 2021 League of California Cities Annual Conference & Expo from September 22-24, 2021, in Sacramento, California. 23. Revision and Clarification- Travel Authority and Expense Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed revision of the Travel Authority and Expe nse Policy and provide direction for modifications or adopt Resolution No. 2021-212 as presented amending the City’s administrative policies - Travel Authority and Expense Policy effective retroactively from July 21, 2021. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 24. Renegotiate the San Bernardino Property Tax Rate with San Bernardino County for Fire Services (All Wards) - Council Member Alexander 25. Continue to Allow Remote Public Comments (All Wards) - Mayor Pro-Tem Ibarra 26. Reconsideration of the ADU Ordinance - Seek to Increase the Cap from 1,000 SF TO 1,200 SF - Council Member Reynoso REPORTS ON CONFERENCES/MEETINGS ATTENDED Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 8/13/2021 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, September 1, 202, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 18, 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, August 13, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda August 18, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 8/13/2021 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 approa ching 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 Age ncy may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. 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 May or 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: August 18, 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): i. Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. Case No. 5:20-cv-1189-KK ii. Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB2111504 (B) 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. (C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Title: City Manager (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association Packet Pg. 10 Page 1 Presentation City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Theodore Sanchez, Council Member, Ward 1 Subject: Citizen of the Month - Terry "Terrible" Washington (Ward 1) 1 Packet Pg. 11 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING TERRY “TERRIBLE” WASHINGTON 2021 USA BOXING NATIONAL JUNIOR OLYMPICS AUGUST 2021 CITIZEN OF THE MONTH AWARD Concerned Investor Time/Talent Involved Zealous Enthusiastic Neighborly In recognition of your dedication and success in ranking No. 1 in the 101-pound youth male division in the 2021 USA Boxing National Junior Olympics and for the civic pride demonstrated by representing Project Fighting Chance, the youth and citizens of San Bernardino 1.a Packet Pg. 12 Attachment: Attachment 1 - Citizen of the Month - Terry Washington (8503 : Citizen of the Month - Terry "Terrible" Washington (Ward 1)) Page 1 Discussion City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Miguel Guerrero, P.E., General Manager Subject: Ordinance for Wastewater Facilities and Collection Rules and Regulations Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC -1562 an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. Background Section 603 of the City Charter establishes a Water Board of five Commissioners appointed by vote of the Mayor and Council. The Water Board is “responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law.” The Water Board is also responsible to “establish and periodically review and revise such rules and regulation as may be appropriate for managing the City’s Water and Wastewater Systems.” The City’s wastewater collection function was previously managed by the City Public Works Department (City PW). Currently, Chapter 13.08 and Chapter 13.32 of the City’s Municipal Code outline requirements and penalties for the City’s Public Sewer System and Wastewater Facilities respectively. On May 1, 2017, the responsibility for operation and maintenance of the City Sewer Collection System was transferred from the City PW to the San Bernardino Municipal Water Department (Water Department). The Water Department has achieved several significant milestones since the transfer occurred including providing appropriate staffing and equipment, adoption of an updated Sewer System Management Plan, adoption of a Sewer Collection Master Plan, and development of a capital improvement program. The next major milestone is the adoption of new and updated Water Department Rules and Regulations that will ensure consistency with the City Charter, SBMWD operations, and the latest regulatory requirements. 2 Packet Pg. 13 8453 Page 2 Discussion For the past year, Water Department staff has worked closely with its consultants and the City Attorney’s Office to update and develop several Rules and Regulations related to the transfer of the Sewer Collection System. The City Water Board adopted these updated and new Rules and Regulations at their July 27, 2021 regular meeting. Because the City Municipal Code currently outlines City wastewater collection and treatment requirements and penalties, it is appropriate to amend the City Municipal Code through ordinance, thereby allowing these Water Department Rules and Regulations to govern consistent with the City Charter. 2020-2025 Key Strategic Targets and Goals This ordinance aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by ensuring consistency with the City Charter and Water Department operations, and by streamlining the process that ensures wastewater facilities and collection regulatory/general requirements are reviewed and updated appropriately. Fiscal Impact There is no fiscal impact to the City associated with this action. Conclusion Read by title only, waive further reading, and introduce Ordinance No. MC -1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, Cal ifornia to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. Attachments Attachment 1 Ordinance No. 1562 Attachment 2 Water Board Staff Report including Rules and Regulations Attachment 3 Power Point Presentation Ward: All Synopsis of Previous Council Actions: None 2 Packet Pg. 14 ORDINANCE NO. MC-1562 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 13.08 (CONNECTION WITH PUBLIC SEWER) AND 13.32 (WASTEWATER FACILITIES) AND AMENDING SECTIONS 2.28.010 (APPROVAL OF RULES AND REGULATIONS) AND 2.28.020 (VIOLATION – PENALTY) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO WASTEWATER FACILITIES AND COLLECTION AND TO THE ENFORCEMENT OF RULES AND REGULATIONS PROMULGATED BY THE WATER BOARD IN ACCORDANCE WITH CITY CHARTER SECTION 603 WHEREAS, the City of San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, Section 603(a) of the City Charter empowers the Water Board to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment functions (“Water and Wastewater Systems”) in accordance with law; and WHEREAS, 603(h) of the City Charter also empowers the Water Board to establish and periodically review and revise such rules and regulations as may be appropriate for managing the Water and Wastewater Systems; and WHEREAS, Section 2.28.010 and Section 2.29.020 of the City’s Municipal Code approve any rules and regulations approved by the Water Board for enforcement purposes and provide penalties for violations of such rules and regulations; and WHEREAS, on May 1, 2017, the responsibility for operation and maintenance of the City Sewer Collection System was transferred from the City Public Works Department to the San Bernardino Municipal Water Department (“SBMWD”); and WHEREAS, Chapter 13.08 and Chapter 13.32 of the City’s Municipal Code outline requirements and penalties the City’s Public Sewer System and Wastewater Facilities, respectively; and WHEREAS, the City Council finds that changes to Chapter 13.08, Chapter 13.32, Section 2.28.010, and Section 2.28.20 are necessary to make clear the Water Board’s responsibility to manage the City’s Water and Wastewater Systems as well as the City’s authority to enforce any rules or regulations promulgated by the Water Board as laws of the City. 2.a Packet Pg. 15 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 [Revision 1] (8453 : Ordinance for Ordinance No. ______ THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 13.08 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “ Chapter 13.08 CONNECTION WITH PUBLIC SEWER Sections: 13.08.010 Regulation of Wastewater Connections by the Water Board 13.08.020 Inoperative Private Sewer Laterals 13.08.010 Regulation of Wastewater Connections by the Water Board In accordance with Section 603 of the City Charter, the Water Board shall be responsible for oversight and management of the City’s wastewater collection system, including the regulation of connections. Any rules or regulations promulgated by the Water Board in connection with its powers under Section 603 of the City Charter may be enforced as laws of the City in accordance with Chapter 2.28 of this Municipal Code. 13.08.020 Inoperative Private Sewer Laterals Inoperative private sewer laterals shall be maintained in good condition (and free of defects). Inoperative private sewer laterals constituting a “nuisance”, as that term is defined in California Health and Safety Code section 5410, shall be subject to the regulations outlined by Health and Safety Code sections 5410 through 5416 and such regulations shall be enforced by the City’s Public Works Department.” SECTION 3. Chapter 13.32 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “ Chapter 13.32 WASTEWATER FACILITIES Sections: 13.32.010 Regulation of Wastewater Facilities by the Water Board 13.32.010 Regulation of Wastewater Facilities by the Water Board In accordance with Section 603 of the City Charter, the Water Board shall be responsible for oversight and management of the City’s wastewater collection and treatment systems, including the regulation of wastewater facilities. Any rules or regulations promulgated by the Water Board in connection with its powers under Section 603 of the City Charter may be enforced as laws of the City in accordance with Chapter 2.28 of this Municipal Code.” 2.a Packet Pg. 16 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 [Revision 1] (8453 : Ordinance for Ordinance No. ______ SECTION 4. Section 2.28.010 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “2.28.010 Approval of Rules and Regulations Pursuant to Section 603 of the City Charter, the Water Board is responsible for oversight and management of the City’s water supply, recycled water, wastewater collection, and treatment functions. Specifically, in accordance with subdivision (h) of Section 603, the Water Board is empowered to establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s water supply, recycled water, wastewater collection, and treatment functions. Such rules and regulations, as amended from time-to-time, shall be maintained on file with the Office of the City Clerk in addition to being kept on file with the Water Department. To effectuate the purpose of Section 603, such rules and regulations shall be deemed rules and regulations of the City as if promulgated by the Mayor and City Council.” SECTION 5. Section 2.28.020 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “2.28.020 Violation - Penalty It is unlawful for any person, firm, or corporation to violate any of such rules or regulations, and any person, firm, partnership, corporation, or other entity violating any such rule or regulation is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. In addition, notwithstanding any language to the contrary in Chapter 9.92, such violations may be enforced through the Administrative Citation process set forth in Chapter 9.92 of this Code. Furthermore, notwithstanding any language to the contrary in Chapter 9.93 and where appropriate at the discretion of the City’s officials, such violations may be enforced through the Administrative Civil Penalties process set forth in Chapter 9.93 of this Code.” SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 8. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. 2.a Packet Pg. 17 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 [Revision 1] (8453 : Ordinance for Ordinance No. ______ SECTION 9. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___th day of _______, 2021. ___________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney 2.a Packet Pg. 18 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 [Revision 1] (8453 : Ordinance for CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of _______, 2021. Ordinance No. ____ was approved, passed and adopted at a regular meeting held 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 2.a Packet Pg. 19 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 [Revision 1] (8453 : Ordinance for Received 07 -20-21 crrY oF sAN BERNARDINo :TY;"fr*[.' MUNI CIPAL \TATER DE PARTMENT \)rATE,R BOARD STAFF RE,PORT Water Board Commissioners Miguel J. Guerrero, P.E., Generil, Manager SUBJECT: ADOPTION OF NEW AND RESULTING FROM SEVER PUBLIC WORKS TO SBMWD UPDATED RULES AND REGULATIONS COLLECTION TRANSFER FROM CITY TO: FROM: DATE: CC: Jvly 1.9,2021. Robin Ohama, Jennifer Shepardson, I(evin Stewart, Steve Miller, Cynthia Mouser, Warren Huang, Kristina Hernandez, Andy Coady,Barry Berggren BACKGROUND: On December 19, 201.6, the City of San Bernardino Mayor and City Council adopted the City Charter approved by special election on Novemb er 8,2076. Section 603 of the Charter establishes a Water Board of five Comrnissioners appointed by vote of the Mayor and Council. The WaterBoard is "responsible to oversee and rrraflage the City's water supply, recycled water, wastewater collection and treatment ("'W'ater and Wastewater Systems") funcLions in accordance with State law." The Water Board is also responsible to "establish and periodically review and revise such rules and regulation as may be appropriate for managing the City's Water and Wastewater Systems." The City's wastewater collection function was previously managed by the City Public $7orks Department (City PW). Currently, Chapter 13.08 and Chapter 73.32 of the City's Municipal Code oudine requirements and penalties for the City's Public Sewer System and Wastewater Facilities respectively. In addition, the United States Environmental Protection Agency currendy requires all Publicly Owned Treatment Works to adopt an Enforcement Response Plan as ^ pafi of their approved pretreatment pfogram. Given that the City owns and operates Public Owned Treatment Works, it is required to adopt an ERP. On May 1,2017, the responsibility for operation and maintenaoce of the City Seuzet Collection System was rransferred from the City PW to the San Bernardino Municipal Water Department (SBMWD). SB\7MD has achieved significant milestones since the transfer occurred including providing appropriate staffing and equipment, adoption of an updated Sewer System Management PIan, adoption of a Sewer Collection Master Plan, and development of a capital improvement program. The next major milestone is the adoption of new and updated SBMWD Rules and Regulations that will ensure consistency with the City Charter, SBMWD operations, and the latest regulatory requirements. Agenda Item 2.b Packet Pg. 20 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Water Board Commissroners Page 2 J,a,ly 79,2027 SUBJECT: ADOPTION OF NEW AND RESULTING FROM SEWER PUBLIC WORKS TO SBM$TiD UPDATED RULES AND REGULATIONS COLLECTION TRANSFER FROM CITY For the p^styear, Staff has worked closely wrth the City Attorney's Office to update and develop several Rules and Regulauons related to the transfer the Sewet Collection System. Water Board adoption of these updated and new Rules and Regulations is the first step towards making them official and enforceable. Because the City Municipal Code currendy oudines City wastewater collection and treatment requirements and penalties, the City Mayor and Council must amend the City Municipal Code through ordinance, thereby allowing SBMWD Rules and Regulations to govern. GOAIS AND OBIECTTVE,S: The adoption of these new and amended Rules and Regulations aligns with the Department's Strategic Plan under Tatget #4: Relationships/Partnerships, Goal # 10: Collaborate with the City. This action is also consistent with the Department's Key Values, specifically to "require ethical business practices" and "actively engage in efforts to erisure ttansparency'" FISCAL IMPACT: There is no fiscal impact as a result of adopting these new and updated Rules and Regulations. RE,COMME,NDATION: It is recommended that the W'ater Board make the following moLion: Enforcement Response Plan, and amend Rule and Regulation Nos. 1, 6,7,9,70,20,27,and 23. Respectfully submitted, , ,/z47-4 #- Miguel J. Guerrero, P.E. General Manager Attachment 1 - Resolution Attachment 1, Exhibit A - Rule and Regulation Nos. 25 and 26 Attachment 1, Exhibit A - Enforcement Response Plan Attachment 1, Exhibit B - Rule and Regulation Nos. L,6,7,9,10,20,21',23 Attachment2-NewandamendedRuleandRegulationNos. T,6,'/ ,9,10,20,21,and23redlines 2.b Packet Pg. 21 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 1 RESOLUTION NO.______ RESOLUTION OF THE WATER BOARD OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING RULE AND REGULATION NOS. 25 AND 26, AND UPDATING RULE AND REGULATION NOS. 1, 6, 7, 9, 10, 20, 21, AND 23 WHEREAS, on December 19, 2016, the City of San Bernardino Mayor and City Council adopted the City Charter approved by special election held on November 8, 2016; and WHEREAS, Section 603(a) of the City Charter empowers the Water Board to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment functions (“Water and Wastewater Systems”) in accordance with the law; and WHEREAS, Section 603(h) of the City Charter, also empowers the Water Board to establish and periodically review and revise such rules and regulations as may be appropriate for managing the Water and Wastewater Systems; and WHEREAS, Section 2.28.010 and Section 2.29.020 of the City’s Municipal Code approve any rules and regulations approved by the Water Board for enforcement purposes and provide penalties for violations of such rules and regulations; and WHEREAS, on May 1, 2017, the responsibility for operation and maintenance of the City Sewer Collection System was transferred from the City Public Works Department to the San Bernardino Municipal Water Department (“SBMWD”); and WHEREAS, Chapter 13.08 and Chapter 13.32 of the City’s Municipal Code outline requirements and penalties the City’s Public Sewer System and Wastewater Facilities respectively; and WHEREAS, on July 24, 1990 (55 Fed. Reg. 30082), the United States Environmental Protection Agency promulgated regulations in 40 CFR 403.8(f)(5) which require all Publicly Owned Treatment Works to adopt an Enforcement Response Plan (“ERP”) as part of their approved pretreatment program; and WHEREAS, under 40 CFR § 260.10, “Publicly Owned Treatment Works” is defined as any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a “State” or “municipality”; and WHEREAS, the City currently owns and operates Publicly Owned Treatment Works and is required to adopt an ERP; and WHEREAS, the rules and regulations must be updated in order to ensure consistency with current regulatory requirements, the City Charter, SBMWD’s current operations, including the transferred obligations regarding the City Sewer Collection System. 2.b Packet Pg. 22 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 2 BE IT RESOLVED BY THE WATER BOARD 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 Water Board approves and adopts Rule and Regulation Nos. 25 and 26 including an Enforcement Response Plan, attached hereto to this Resolution as Exhibit “A”. SECTION 3. The Water Board approves amended Rule and Regulation Nos. 1, 6, 7, 9, 10, 20, 21, and 23, attached hereto this Resolution as Exhibit “B”. SECTION 4. CEQA. The Water Board 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 Water Board and signed by the President of the Water Board and attested by the Deputy City Clerk & Ex Officio Secretary of the Water Board this ___ day of __________, 2021. Toni Callicott, President City of San Bernardino Water Board Attest: Robin Ohama Deputy City Clerk & Ex Officio Secretary of the Water Board 2.b Packet Pg. 23 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Robin Ohama, Deputy City Clerk & Ex Officio Secretary of the Water Board, hereby certify that the attached is a true copy of Resolution No. adopted at a regular meeting held on the ___ day of _______, 2021 by the following vote: Water Board: AYES NAYS ABSTAIN ABSENT CALLICOTT _____ _____ _______ _______ HENDRIX _____ _____ _______ _______ MLYNARSKI _____ _____ _______ _______ BRICKLEY _____ _____ _______ _______ JOHNSON _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________, 2021. Robin Ohama Deputy City Clerk & Ex Officio Secretary of the Water Board 2.b Packet Pg. 24 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) EXHIBIT A Rule and Regulation Nos. 25 and 26 & Enforcement Response Plan [ATTACHED] 2.b Packet Pg. 25 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES 1.0 SEWER CONNECTION APPLICATION 1.1 Applicability This Rule and Regulation shall apply to all users of the SBMWD (or “City’s”) Collection System and those persons who desire to utilize such system. It includes all users within the City, and to users outside the City who are, by permit, contract, or agreement with the City, users of the City's Collection System. 1.2 Connection Requirements A. The owner of any property used for human occupancy, employment, recreation, or other purposes situated within the SBMWD service area may be required to connect the property directly to the City Collection System. At no time shall any person occupy a house or any other structure in the City, unless such structure is properly connected to the City Collection System or a waiver exists as identified herein. B. The SBMWD may waive or modify the Collection System connection requirements where one or more of the following conditions exist: (1) The proposed single family residential development will be constructed on property larger than one- half acre, or the proposed commercial/industrial development will generate less than 200 gallons of domestic sewage per day (based on fifteen (15) gallons of sewage per day per employee); there is a natural obstruction that prevents the property from being connected to the City Collection System. (2) The proposed residential development of four (4) units or less is an infill project, where structures exist on at least 75% of the block and 2.b Packet Pg. 26 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES Page 2 none of the properties are connected to the City Collection System. (3) The proposed development is an expansion, is less than 25% in area of the existing structure, and does not exceed one thousand (1,000) square feet. (4) The proposed development will not generate any sewage. (5) The existing premise is already served by a satisfactorily functioning and properly permitted septic system. Such waiver or modification shall be permitted to continue until the septic system for such premise fails. C. A waiver to connect to the City Collection System shall not be construed as approval for the installation of a septic tank. Permits for construction of septic tanks shall be subject to the Building & Safety Section of the Community and Economic Development’s environmental review and approval process. All waivers shall be considered temporary. Connection to the City Collection System will be required within one hundred twenty (120) days when the City Collection System is constructed less than three hundred (300) feet from the owner’s property line. The sewer connection waiver requires the property owner to waive all future property rights protesting the formation of a sewer assessment district which encompasses the property. An administrative fee of five hundred dollars ($500) is required for all requests to waive the sewer connection requirements. D. A connection permit is required before any person is authorized to connect and discharge any wastewater to the City Collection System. The connection permit authorizes the person to physically connect the property to the City Collection System. The connection permit is separate and distinct from the Industrial User discharge permit required which is required of Class I-V users. E. Connection permits shall be issued by the SBMWD Engineering Section in accordance with applicable regulations which describe the permit conditions, required construction specifications, and the corresponding fees for the connection permit. F. Each property shall be connected to the City Collection System through a separate connection; unless the General Manager determines that a single connection will 2.b Packet Pg. 27 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES Page 2 adequately protect the interests of the City. Individual connection permits are required for each separate connection. G. The property owner is required to seal all sewer connections upon abandonment of the property to prevent wastewater flow to the City Collection System. H. No private sewer lateral shall be joined to the City Collection System unless the private sewer lateral is entirely located on the lot on which the building or structure is located unless it is impossible or impractical to make such connection. If a lot or parcel of land requiring a private sewer lateral is so situated that access to the City Collection System is not possible except across some other lot or parcel of land, a private sewer lateral may be constructed across some other lot or parcel of land. The application for the connection permit shall be accompanied by a recorded easement executed by the owner of the lot or parcel of land across which access is required. The issuance of a permit to construct a private sewer lateral across another lot or parcel of land shall not in any manner constitute an approval of the easement. 1.3 Sewer Connection Application Requirement It is unlawful for any person to connect any property with any public sewer without filing an application for and obtaining a connection permit from the SBMWD, and, concurrently with the application for the permit, pay to the SBMWD the required inspection, connection, and capacity charges. 1.4 Application Form Any person desiring a permit under this Chapter shall present a written application to the SBMWD setting forth the following: A. The name and address of the applicant. B. The tract number if the permit is for a subdivision approved pursuant to the Subdivision Map Act. C. A drawing showing the location where the connection is to be made. 2.b Packet Pg. 28 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES Page 2 D. The number of the street cutting permit obtained in accordance with Ordinance 1879 (Chapter 12.04. E. The applicant shall submit and complete a Sewer Service Application Request for Information as included as Exhibit A. 1.5 Process Flow Chart The information presented in the Application Form (Exhibit A from Paragraph 1.4) shall be evaluated with the flow chart in Exhibit B to determine the appropriate jurisdiction and connection fees. 2.0 CONSTRUCTION OF COLLECTION SYSTEM EXTENSION Information regarding the extension of the existing collection system may be found in Rule and Regulation No. 20. 3.0 SEWER COLLECTION SYSTEM FEES 3.1 Application Fees and Related Charges The necessary fees and charges for the implementation of a new connection are identified in Exhibit A. T hese fees and charges include the following: A. Sewer Service Application Fee; B. Outside City Sewer Service Permit Application Fee; C. Sewer Lateral Repair Fee; D. Sewer Lateral Permit Inspection Fee; E. Sewer Main Extension Plan Check Fee; F. Sewer Main Extension Inspection Fee; G. Collection Capacity Charge; a. Residential b. Mobile Homes c. Motels and Hotels d. Commercial, Institutional; and Industrial H. Treatment Capacity Charge; 2.b Packet Pg. 29 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES Page 2 3.2 Sewer Service Application Fee The Sewer Service Application will be accompanied by an application fee. The amount of the application fee shall depend on whether or not the sewer service is within the City limits as set forth in Exhibit A. 3.3 Sewer Lateral Inspection Fee Each application for a permit shall be accompanied by an inspection fee which shall be established by resolution of the Water Board. 3.4 Collection Capacity Charge A Collection Capacity Charge shall be required for each new sewer service application. The charge shall be based on land use type: residential (per bedroom); mobile home (per home); motel and hotel (per unit); and commercial/institutional/ industrial (per square foot). 3.5 Treatment Capacity Charge Each application for a permit to connect any property with the Collection System, in addition to all other fees, shall be accompanied by a Treatment Capacity Charge designated for construction and improvement of wastewater treatment facilities, to provide additional capacity to meet increased demand. The charge shall be deposited in the Sewer Treatment Fund of the SBMWD (or as amended), in an amount established by resolution of the Water Board. 3.6 Application of Pro Rata Fees The fees/charges imposed in this Rule and Regulation shall also apply pro rata to any alteration or addition resulting in an additional dwelling unit in a hotel or motel, but shall not apply to alterations or additions to single-family residences. The connection fees imposed by Rule and Regulation No. 5 shall also apply pro rata to any alteration or addition to any commercial, institutional or industrial development requiring a new building permit for additional area, whether or not there are sewer facilities in the addition or enlargement. 2.b Packet Pg. 30 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 25 CONNECTION WITH SANITARY SEWER COLLECTION SYSTEM AND ASSOCIATED FEES/CHARGES Page 2 4.0 SEWER CONNECTION IMPLEMENTATION 4.1 Compliance with SBMWD Specifications All installations of private sewer laterals shall comply with the provisions and requirements of the current standard specifications of the SBMWD on file in the office of the SBMWD’s Engineering Manager, as related to the construction of sanitary sewers. 4.2 Inspections Every person doing work under this Rule and Regulation shall cause all work to be inspected by the City Public Works Division before pipe is covered by backfill. The City Public Works Division shall be notified one business day in advance of the time the inspection is required. Any work completed without such inspection shall not be accepted. Inspections include but are not limited to the following: A. Sewer Lateral Inspections: Inspection of new lateral connections. B. Sewer Lateral Repair Inspections: Inspection of any required repairs to lateral connections. C. Sewer Main Extension Inspections: Inspection entail review and investigation of the extension of an existing sewer main to be accepted by SBMWD as set forth in Rule and Regulation 20. 2.b Packet Pg. 31 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) *Please allow one to two weeks for Response to Application/Request for Information. □ Date of the Request:_____________________ □ Project Title: ______________________________________________________________________________________ □ Address of Property to be Served: ____________________________________________________________________ PROJECT INFORMATION: Number of Lots/Units: _____________ Gross Acres: _____________ Number of Services: _____________ Commercial □ Industrial □ Residential □ APPLICANT INFORMATION: □ Name of Applicant:_________________________________________________________________________________ □ Contact Name: ___________________________________________ Contact Phone: (_____) _____ - ___________ □ Mailing Address: _________________________________________________________________________________ □ Phone: _________________________________________ Fax: ____________________________________________ □ E-mail: __________________________________________________________________________________________ □ Assessor’s Parcel Number of Parcel to be Served:_____________________________ Is this property served by a well or other source of water? □ Yes □ No □ Does Parcel Currently have a Water Service through SBMWD? □ Yes □ No □ Don't know If Yes, SBMWD Account No. ____________________________ PROPERTY OWNER INFORMATION: □ Name of Property Owner: ___________________________________________________________________________ □ Address of Property Owner: _________________________________________________________________________ ____________________________________________________________________________________________ □ Phone Number of Property Owner: (_____) ______ - ___________ CONTRACTOR INFORMATION: □ Name of Contractor: _______________________________________________________________________________ □ Address of Contractor: _____________________________________________________________________________ _____________________________________________________________________________________________ □ Phone Number of Contractor: (_____) ______ - ___________ SBMWD USE ONLY Assigned to:__________________ By:___________________________ Please complete by: ______________________________ Eng WF# ______________________ EPM Tracking#_________________ -------------------- SERVICE/REQUEST FEASIBLE □ Yes □ No SEWER SERVICE APPLICATION REQUEST FOR INFORMATION Water Utility Engineering San Bernardino Municipal Water Department 2.b Packet Pg. 32 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) (CONTINUED) TYPE OF REQUEST*: CATEGORY (check all that apply): □ ** Request Sewer Collection Main Extension □ ** Application for a New Sewer Service Connection □ Application to repair an Existing Sewer Service Connection □ Sewer Capacity Fee (Plan Submittal Required for Commercial / Industrial Use) □ Other: ___________________________________ **Plan Submittal Required Required Permits: Have the required permits been acquired from the authorizing agency? □ Lane Closure (City of San Bernardino) Yes ______ No ______ Receipt No.______ □ Encroachment (City of San Bernardino)Yes ______ No ______ Receipt No. _______ □ Excavation (City of San Bernardino) Yes ______ No ________ Receipt No. _______ Is the excavation depth greater than 5-foot, Yes ______ No ______ □ San Bernardino County Yes ______ No ______ Receipt No. ________ □ Other (Explain) ____________________________________________________________________________________ ____________________________________________________________________________________________ *A nonrefundable fee will be required to process all requests as listed in the schedule of fees below. Applicants shall fill out this form and submit payment to: SBMWD Customer Service at 1350 South “E” Street, San Bernardino, CA 92408. Upon receipt of payment, customer service shall issue a work order to SBMWD Engineering to initiate processing of the application. SBMWD will not process any request(s) without receipt of payment and confirmation of same by SBMWD Customer Service □ What is the intended use of the information being requested? _____________________________________________________________________________________________ _____________________________________________________________________________________________ □ Please indicate a desired media: □ Hard copy □ Computer file (CD Rom) □ Email electronic copy _____________________________________________________________________________________________ APPLICATION FEES POTENTIAL CHARGES (TO BE DETERMINED BY ENGINEERING) Note: Payment for service is not a guarantee of service until service feasibility is verified by SBMWD. If a request is deemed infeasible, all fees shall be refunded to the Applicant except for nonrefundable application fee. APPLICATION CATEGORY FEE MISC SERVICE CHARGE FEE MISC SERVICE CHARGE FEE Sewer Service Application Fee $180.00 Sewer Lateral Repair Inspection Fee $130.00 Mobile Homes Collection Capacity Charge $420.00/ Mobile Home Outside City Sewer Service Permit Application Fee $1,125.00 Sewer Lateral Permit Inspection Fee $415.00 Motel and Hotels Collection Capacity Charge $167.00/ Unit Sewer Main Extension Plan Check Fee TBD Commercial, Institutional, and Industrial Collection Capacity Charge $330.00/ 3,000 Sq. ft. Sewer Main Extension Inspection Fee TBD Residential Treatment Capacity Charge(Up to 3 units) $3,500 Per Dwelling Unit Residential Collection Capacity Charge $420.00/ Bedroom Sewer Treatment Capacity Charge (All Others) TBD 2.b Packet Pg. 33 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Table of Contents 1.0 ADMINISTRATIVE PROVISIONS ................................. 1 1.1 Findings ............................................... 1 1.2 Purpose and Policy ..................................... 3 1.3 Administration of Policy ............................... 4 1.4 Delegation of Authority ................................ 6 1.5 Authorization to Discharge ............................. 6 1.6 Confidential Information ............................... 6 1.7 Signatory Requirements ................................. 7 1.8 Delivery of Notice ..................................... 7 1.9 Invalidity ............................................. 7 1.10 Interpretation ......................................... 8 1.11 Publication Notice ..................................... 8 2.0 GENERAL REQUIREMENTS ...................................... 8 2.1 Use of City Equipment or Facilities .................... 8 2.2 Plan Check Requirements ................................ 8 2.3 Inspection Requirements ................................ 9 2.4 Inspection Warrants ................................... 10 2.5 Monitoring Requirements ............................... 10 2.6 Noncompliance Monitoring Requirements ................. 13 2.7 Reporting Requirements ................................ 14 2.8 Flow Measurement Requirements ......................... 15 2.9 Liquid Waste Discharge Requirements ................... 15 2.10 Record Keeping ........................................ 17 2.11 Written Responses ..................................... 17 2.12 Compliance Extension .................................. 17 2.13 Falsifying Information ................................ 17 2.b Packet Pg. 34 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page ii 3.0 DISCHARGE PROHIBITIONS ................................... 18 3.1 Point of Discharge .................................... 18 3.2 Prohibited Waste Discharges ........................... 18 3.3 Liquid Waste Discharge Prohibitions ................... 22 3.4 Interceptor Prohibitions .............................. 23 3.5 Prohibited Discharge of Pretreatment Waste ............ 23 3.6 Medical Waste Disposal ................................ 23 3.7 Dilution Prohibited as a Substitute for Treatment ..... 24 3.8 Water Softening Prohibitions .......................... 24 3.9 Limitation on Wastewater Strength ..................... 27 3.10 Local Discharge Limitations ........................... 28 3.11 Federal Categorical Pretreatment Standards ............ 29 4.0 PRETREATMENT REQUIREMENTS ................................ 29 4.1 Separation of Wastewater .............................. 29 4.2 Pretreatment of Industrial Wastewater ................. 30 4.3 Pretreatment of Equipment Bypass ...................... 31 4.4 Standard Interceptor Designs .......................... 31 4.5 Pretreatment Requirements for Existing Users .......... 32 4.6 Interceptor Requirements .............................. 32 4.7 Sand/Oil Interceptors ................................. 34 4.8 Restaurant Requirements ............................... 35 4.9 Conditional Waivers ................................... 36 4.10 Interceptor Maintenance ............................... 37 4.11 Silver Recovery Pretreatment Systems .................. 38 4.12 Industrial User Modifications ......................... 39 4.13 Unauthorized Equipment Modifications .................. 39 4.14 Unauthorized Discharge Notification ................... 39 4.15 Spill Containment Systems ............................. 40 4.16 Facility Waste Management Plan ........................ 41 5.0 WASTEWATER DISCHARGE PERMITS ............................. 43 5.1 General Permit Requirements ........................... 43 5.2 Industrial User Permit Application Requirements ....... 43 5.3 Industrial User Permit Requirements ................... 46 5.4 Liquid Wastehauler Permits ............................ 48 2.b Packet Pg. 35 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page iii 5.5 Permit Duration ....................................... 50 5.6 Duty to Comply ........................................ 50 5.7 Permit Renewal ........................................ 50 5.8 Permit Modifications .................................. 50 5.9 Permit Transfer ....................................... 51 5.10 Permit Suspension or Revocation ....................... 51 6.0 ENFORCEMENT NOTICES ...................................... 52 6.1 Enforcement Response Plan (ERP) ....................... 52 6.2 Administrative Violations ............................. 52 6.3 Discharge Violations .................................. 53 6.4 Liquid Wastehauler Violations ......................... 54 6.5 Unclassified Violations ............................... 56 6.6 Public Nuisance ....................................... 56 6.7 Administrative Orders ................................. 56 6.8 Sewer Suspension Order (SUSP) ......................... 63 6.9 Sewer Termination Order (TERM) ........................ 63 6.10 Civil Penalties (CIV) ................................. 64 6.11 Criminal Penalties (CRIM) ............................. 68 6.12 Remedies Nonexclusive ................................. 69 6.13 Damage to POTW Operation .............................. 69 6.14 Legal Action .......................................... 69 6.15 Written Appeals ....................................... 70 6.16 Judicial Review ....................................... 72 6.17 Judicial Collection ................................... 73 7.0 CHARGES AND FEES ......................................... 74 7.1 Establishment of Charges and Fees ..................... 74 7.2 Recovery of Costs ..................................... 74 7.3 Connection Applications and Fees ...................... 74 7.4 Inspection Requirements ............................... 74 7.5 Sewer Service Charges ................................. 75 7.6 Permit Charges and Fees ............................... 75 7.7 Monitoring and Inspection Charges and Fees ............ 76 2.b Packet Pg. 36 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS 1.0 ADMINISTRATIVE PROVISIONS 1.1 Findings A. The wastewater facilities of the City discharge treated effluent to receiving waters, some or all of which may be deemed waters of the State. This effluent can affect the quality of the receiving waters or groundwaters. B. Existing federal and state laws and regulations establish limits on the nature of all effluent discharged to waterways, to the surface, or underground. C. The Regional Water Quality Control Board (“RWQCB”), Santa Ana Region, has established limits on the concentration of selected biological and chemical constituents of the effluent discharged by the City. These limits are set forth in orders duly adopted by the RWQCB. Likewise, the State Water Resources Control Board (“SWRCB”) has established the General Waste Discharge Requirements (WDRs) to govern the operation, maintenance, and overall management of the wastewater Collection System. D. In order to comply with the requirements contained in those orders, the City must regulate the content of wastes discharged into its Publicly Owned Treatment Works (POTW). Rule and Regulation No. 26, and the other Rules and Regulations of the SBMWD, as enforced by the San Bernardino Municipal Code and City Charter, establishes requirements for discharges into the POTW in order to enable the City to comply with the administrative provisions of the Clean Water Act Regulations, the requirements of the RWQCB and SWRCB with regard to effluent limits, Federal Pretreatment Standards, and with other criteria required or authorized by federal or state legislation. 2.b Packet Pg. 37 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 2 E. The San Bernardino Municipal Water Department (SBMWD) has undertaken and completed specific financial studies relating to the capital needs, as well as the operation and maintenance needs of the facilities and Collection System. F. The financial requirements of the SBMWD, as shown in the current reports prepared by Staff and Consultants, are based on current, reliable information and data relating to population projections, wastewater flow and capital infrastructure needs and are expected to be realized in each year of the report. G. The revenues derived under the provisions of this Rule and Regulation will be used for the acquisition, construction, reconstruction, maintenance and operation of the wastewater collection, wastewater treatment and disposal facilities of the SBMWD; to repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said wastewater facilities, together with costs of administration and provisions for necessary reserves. H. The need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. I. The charges established and levied by this Rule and Regulation are to allow the SBMWD to recover the costs necessary to provide wastewater collection and treatment service to individual parcels of real property which have been improved for multiple types of uses. The basis for the respective charge is the request of the owner of a parcel, for the benefit of the owner or the occupants of the property, to receive a service based upon actual use, consumption and disposal of water to the POTW in lieu of disposal by other means. J. The Collection System for the City collects and conveys wastewater from both industrial and non-industrial users to the Department’s wastewater treatment facilities, where it can be properly treated. 2.b Packet Pg. 38 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 3 1.2 Purpose and Policy A. Rule and Regulation No. 26 provides for the regulation of wastewater discharges in accordance with the federal government’s objectives of general pretreatment regulations as stated in Section 403.2 of Title 40 of the Code of Federal Regulations (CFR) and amendments thereto which are for the following purposes: (1) To prevent the introduction of pollutants into the POTW which will interfere with the operation of the Collection System, Water Reclamation Plant (WRP), or Rapid Infiltration and Extraction Facility (RIX), including interference with its use or disposal of municipal biosolids; (2) To prevent the introduction of pollutants into the POTW which will pass through the treatment works, inadequately treated, to the receiving waters or otherwise be compatible with such works; (3) To improve opportunities to recycle and reclaim wastewater and biosolids; (4) To enable the SBMWD to comply with its National Pollutant Discharge Elimination System (NPDES) Permit conditions, emergency discharge downstream treatment entity conditions, indirect potable groundwater discharge Permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the POTW are subjected; (5) To provide for the equitable distribution of the costs associated with the operation of the POTW; and (6) To protect and preserve the health and safety of the citizens and personnel of the SBMWD and satellite service areas. B. Rule and Regulation No. 26, and all of the SBMWD’s applicable Rules and Regulations, shall apply to all users of the POTW. This Rule and Regulation No. 26 authorizes: (1) The issuance of industrial user permits; (2) Monitoring, compliance, and enforcement activities; (3) Administrative review procedures; (4) Plan check review services; (5) User reporting requirements; (6) The establishment of fees; and 2.b Packet Pg. 39 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 4 (7) The equitable distribution of costs resulting from the program established herein. C. Rules and Regulations Nos. 25 and 26, as enforced by City Charter Section 603 and San Bernardino Municipal Code 2.28.010, provide the SBMWD with the legal authority required by the State Water Resources Control Board’s Statewide General Waste Discharge Requirements for Wastewater Collection Agencies. The City, through the SBMWD, possesses the legal authority to: (1) Prevent illicit discharges into its sanitary sewer system (examples may include Inflow/Infiltration, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); (2) Require that all sewers, including private lateral lines and connections, be properly designed and constructed; (3) Limit the discharge of fats, oils, grease and other debris that may cause blockages; (4) Enforce any violation of its sewer ordinances 1.3 Administration of Policy A. ADOPTION OF INTERPRETIVE RULES The Rules and Regulations adopted herein pertain to, but are not limited to, discharge limitations, pretreatment requirements, standards for wastewater lines (private sewer laterals, sewer mains, and lift stations) and services and implementation of standards promulgated pursuant to the Federal Water Pollution Control Act as amended by the Clean Water Act and further amendments thereto or the State Water Resources Control Board General Waste Discharge Requirements. B. GENERAL POWERS OF THE DIRECTOR Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of thethe Rules and Regulations. Any powers granted or duties imposed upon the Director may be delegated by the Director to persons acting in the beneficial interest or employ of the SBMWD, but shall remain the responsibility of the Director. In addition to the authority to prevent or eliminate discharges through enforcement of discharge limitations and prohibitions, the Director shall have the authority to respond to the following: 2.b Packet Pg. 40 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 5 (1) Endangerment to the health or welfare of the community. The Director, after informal notice to the affected user, may immediately and effectively halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto (satellite service area), by any means available, including physical disconnection from the collection system, whenever the discharge reasonably appears to present an imminent endangerment to the health or welfare of the community; (2) Endangerment to the environment or the POTW. The Director, after written order to the user, may halt or prevent any discharge of pollutants into the collection system of the City or any collection system tributary thereto, by any means available, including physical disconnection from the collection system, whenever such discharge presents or may present an imminent and substantial endangerment to the environment or threatens to damage or interfere with the operation of the POTW; and (3) The discharges referred to in subdivisions 1 and 2 above may be halted or prevented without regard to the compliance of the user with other provisions of Rule and Regulation No. 26. C. SPECIFIC POWERS OF THE DIRECTOR If wastewater containing any pollutant in excess of discharge limitations as specified in Rule and Regulation No. 26, is discharged or proposed to be discharged into the collection system of the City or any collection system tributary thereto (satellite service area), the Director may take any action necessary to: (1) Prohibit the discharge of such wastewater; (2) Require the person discharging to demonstrate that in-plant modifications will reduce or eliminate the pollutant or substance so that the discharge will not violate Rule and Regulation No. 26; (3) Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the pollutants or substance so that the discharge will not violate Rule and Regulation No. 26; (4) Require the person making, causing or allowing the discharge to pay any required industrial user permit fees, inspection fees and any additional 2.b Packet Pg. 41 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 6 cost or expense incurred by the SBMWD for handling, treating or disposing of excess pollutant loads imposed on its POTW, including any fines, penalties or legal expenses including attorneys’ fees payable by the City associated with alleged or actual violations of the SBMWD NPDES Permit(s) attributed to the person’s discharge; (5) Obtain timely and factual reports from the person responsible for such discharge; and (6) Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of RuleRule and Regulation No. 26. 1.4 Delegation of Authority All power and authority granted to the Director may be delegated by the Director to any person so authorized. 1.5 Authorization to Discharge It shall be unlawful for any user to commence, significantly increase, or substantially change the quantity or quality of wastewater discharged to the WRP without the express written consent of the Director. 1.6 Confidential Information All user information and data on file with the SBMWD shall be made available to the public and governmental agencies without restriction unless the user specifically claims the information to be confidential and is able to demonstrate to the satisfaction of the SBMWD that the release of such information would divulge proprietary information or trade secrets. Any such claim must be asserted when the information is submitted to the SBMWD by placing the words “Confidential Business Information” on each page containing such information. If no claim is made at the time of submission, the SBMWD may make the information available to the public without further notification to the user. All sample data obtained by either the user or the SBMWD shall not be considered confidential information. All production related information used to calculate mass based discharge limitations or required for the development of an industrial user permit shall not be considered confidential information. Confidential information may be made available, upon request, to governmental agencies for enforcement or judicial purposes related to Rule and Regulation No. 26, the NPDES Permit or 2.b Packet Pg. 42 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 7 the pretreatment program, and as required by federal or state law. 1.7 Signatory Requirements All monitoring reports, permit applications, and other information as required by the Director shall contain the following certification statement signed by an authorized representative of the industrial user or a designee so authorized: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” 1.8 Delivery of Notice Any notice, order or requirement issued by the Director to a user determined to be in violation of the conditions or requirements specified in Rule and Regulation No. 26, the Industrial User Permit, or Discharge Limitations shall be deemed served if delivered to the user as follows: A. Correctly addressed, postage pre-paid and deposited in the United States mail, to the address on file for the user; B. Hand delivered to the user or authorized representative or designated contact of the user, at the address on file for the user; and C. Shall be deemed received on the date personally delivered or on the third (3rd) day after deposit in the United States mail as provided in this Section. 1.9 Invalidity If any provision of Rule and Regulation No. 26 or the application of any condition or requirement upon any user is determined to be invalid, the remainder of Chapter Rule and 2.b Packet Pg. 43 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 8 Regulation No. 26 or the application of remaining requirements or condition shall not be affected. 1.10 Interpretation All the provisions of Rule and Regulation No. 26 are to be reasonably interpreted. The intent is to recognize there are varying degrees of hazard to the POTW, the WRP sludge, personnel, surface and subsurface waters, environment and the public, and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. 1.11 Publication Notice The names of all significant industrial users which are found to be in significant noncompliance with Rule and Regulation No. 26 shall be published at least annually in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, in accordance with 40 CFR 403.8(f)(2)(vii). 2.0 GENERAL REQUIREMENTS 2.1 Use of City Equipment or Facilities A. No person or user shall enter, break, damage, destroy, uncover, deface or tamper with any temporary or permanent structure, equipment, or appurtenance which is part of the City’s POTW without prior written approval by the Director. B. Any person or user who discharges or causes the discharge of any wastewater or pollutant which causes detrimental effects on the POTW, sludge, or any other damages, including the imposition of fines by federal, state, or other regulatory agencies against the City, shall be liable to the City for all damages and costs incurred by the City, including administrative expenses, and fines imposed on the City by any federal, state, or other regulatory agencies. An administrative fee, established by resolution of the Board, shall be included with these charges to cover administrative costs associated with these charges. 2.2 Plan Check Requirements A. All industrial users who request authorization to connect to the POTW and all existing industrial users 2.b Packet Pg. 44 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 9 who propose tenant improvements shall be required to submit detailed site plans, including plumbing plans which describe the proposed project, facility expansion, or process modifications, in addition to any other information as required by the Director. The Director shall review the required information and notify the user of any pretreatment requirements. Compliance with the requirements specified by the Director is required before the SBMWD will release the project to the Building Department. The project must be released by the Director before the Building Department will issue a building permit authorizing construction for the project. A Stop Work Order may be issued for any construction projects which have not been issued the required building permit. All industrial users shall comply with all rules and regulations of this Chapter before a Certificate of Occupancy is issued. B. All industrial users are required to notify the SBMWD during the construction phase of the project in order to conduct onsite inspections of the project. The SBMWD is required to sign off the Building Department job card for underground plumbing and final plumbing of any required pretreatment equipment. All plumbing and pretreatment equipment are required to be exposed during the underground and final plumbing inspections. The industrial user may be required to expose any plumbing or pretreatment equipment which are not visible during the underground and final plumbing inspections. Failure to notify the SBMWD and obtain the necessary onsite inspections and job card signatures may delay the issuance of a Certificate of Occupancy by the Building Department. 2.3 Inspection Requirements A. The Director shall inspect the facilities of any user to ascertain whether all requirements of Rule and Regulation No. 26 are being met. Persons on the premises shall allow the Director ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. B. The user shall ensure that there is always a person on site, during normal business hours, knowledgeable of the user’s processes and activities to accompany the Director during the inspection. 2.b Packet Pg. 45 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 10 C. The user shall provide immediate access when an emergency exists. D. All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner that will prevent immediate access to the pretreatment equipment. E. No user shall interfere with, delay, resist or refuse entrance to the Director when attempting to inspect any facility which discharges wastewater to the POTW. F. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make all necessary arrangements so that, upon presentation of identification, the Director will be permitted to enter, without delay. G. The user shall make available for copying by the Director, all records required to be kept under the provisions of Rule and Regulation No. 26. 2.4 Inspection Warrants If the Director has been refused access to a building, structure, or property, or any part, and is able to demonstrate cause that there may be a violation of Rule and Regulation No. 26, or that there is a need to inspect or monitor the user’s facilities to verify compliance with Rule and Regulation No. 26 or any permit or order issued hereunder, or to protect the public health, environment, and the safety and welfare of the community, then the Director may seek issuance of an inspection warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure and amendments thereto. However, in the event of an emergency affecting the public health or safety, an inspection or monitoring may be performed without consent or the issuance of a warrant. 2.5 Monitoring Requirements A. As required by the Director, any user discharging industrial wastewater to the POTW may be required to install monitoring equipment to measure the quality and 2.b Packet Pg. 46 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 11 quantity of wastewater discharged. The monitoring equipment may include but is not limited to: wastewater sampling equipment, flow meters and recorders, pH meters and recorders, electrical conductivity meters and recorders, and process water meters. B. The monitoring equipment shall be provided by the user in compliance with Rule and Regulation No. 26 and all applicable building, plumbing, and construction codes. The Director may require the monitoring equipment have a security closure that can be locked by the SBMWD during any monitoring activities. The installation of any required monitoring equipment shall be completed within a reasonable time frame as required in written notification from the Director. C. The Director shall have the right to temporarily install upon the user’s property such devices as are necessary to conduct wastewater monitoring or metering operations. D. No user shall interfere with, delay, resist, or refuse entrance to authorized City personnel attempting to install wastewater monitoring equipment on the user’s property. Any permanent or temporary obstruction which prevents access to the monitoring equipment shall be immediately removed by the user or property owner at the written or verbal request of the Director and shall not be replaced. E. Any required monitoring equipment shall be maintained by the user for continuous monitoring and metering. The monitoring equipment shall be calibrated by the user as often as necessary to ensure accurate measurements according to manufacturer’s specifications. All maintenance and calibration work shall be performed at the user’s expense. F. The user shall report any monitoring equipment failure to the Director within twenty-four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit, or hand delivered notification, to the SBMWD. The user shall submit a written report to the Director documenting the cause of the failure and the corrective actions to be completed within five (5) business days after the user discovers the equipment failure. 2.b Packet Pg. 47 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 12 G. All monitoring shall be completed at the time, place, and frequency as specified by the Director. H. Samples for pH, cyanide, total phenols, oil/grease, sulfide, and volatile organics shall be analyzed from grab samples. The Director may elect to collect either a twenty-four (24) hour composite sample comprised of discrete time or flow proportioned samples or a grab sample, as appropriate, for all other pollutants. I. Any wastewater samples collected from a sampling location approved by the Director shall be considered representative of the wastewater discharged from the user to the POTW. J. All users who request permission to conduct their own wastewater sampling shall submit a written wastewater monitoring plan describing the sample collection methods, equipment used, equipment cleaning practices, employee training, sample preservation methods, and chain of custody procedures. The monitoring plan shall be approved by the Director prior to the implementation of the plan. Any sample(s) collected by a user without an approved plan shall be considered invalid. K. All users that are required to self-monitor shall have all samples collected according to 40 CFR 403.12(b)(5)(i-vii) specifications and analyzed by a laboratory certified by the State of California, Environmental Laboratory Accreditation Program to complete the specific pollutant analyses. L. All users that are required to self-monitor shall submit all reporting forms, required by the Director, that include the following information and documents: (1) The date, exact place, time, and methods of sampling or measurements, and sample preservation techniques or procedures; (2) Who performed the sampling or measurements; (3) The date(s) analyses were performed; (4) Beginning and ending flow meter readings which correspond to the time period of the twenty-four (24) hour composite sample; (5) Who performed the analyses; (6) The analytical techniques or methods used; (7) The results of such analyses; and (8) The reporting limits for each pollutant 2.b Packet Pg. 48 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 13 M. All users that are required to self-monitor shall submit a copy of the sample analysis and all required reporting forms within the time frame established by the Director. All sample analysis reports which include discharge violations shall be reported to the Director within twenty-four (24) hours of becoming aware of the violation. The results of the required resample and correspondence which includes a possible explanation for the violation(s) shall be submitted to the Director within thirty (30) days after the user is aware of the initial violation. Failure to report pollutant violations as stated shall constitute a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. 2.6 Noncompliance Monitoring Requirements A. Noncompliance with any concentration or mass based discharge limit specified in this Rule and Regulation or the User’s Permit may be determined by an analysis of a grab or composite sample collected from a designated sample location and shall constitute a violation of Rule and Regulation No. 26. B. As required by the Director, a wastewater resample shall be collected and analyzed for all pollutants in noncompliance with discharge limits. The resample is separate and independent of any wastewater monitoring performed by the SBMWD. All resamples shall be collected according to 40 CFR 403.12(b)(5)(i-vii) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses. The analysis of all wastewater resamples collected by a user shall be submitted with all required reporting forms to the Director no later than thirty (30) days after the SBMWD has informed the user of the initial violation or the user becomes aware of the violation. Failure to submit the laboratory results within the thirty (30) day requirement shall constitute a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. C. As required by the Director, a Noncompliance Monitoring Program (NMP) shall be completed by a user for any wastewater resamples which are determined to be in noncompliance with discharge limits. The NMP requires 2.b Packet Pg. 49 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 14 the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. 2.7 Reporting Requirements A. All industrial users shall submit self-monitoring reports, as required by the Director, which identify the characteristics of the industrial wastewater discharged to the POTW. The self-monitoring reports shall be used to determine compliance with the conditions and discharge requirements specified in Rule and Regulation No. 26, the industrial user permit, and federal and state regulations. Reports which may be required include: (1) Baseline Monitoring Reports (2) Compliance Schedule Progress Reports (3) Ninety (90) day Compliance Reports (4) Periodic Reports on continued Compliance (5) Other reports as required by the Director B. The monitoring frequency and pollutants required to be analyzed shall be specified by the Director in the Industrial User permit issued to the user. C. All monitoring performed by the industrial user in addition to any required monitoring, including any splits of samples collected by the SBMWD, shall be submitted to the Director upon receipt of the sample analysis. D. All costs associated with the collection and analysis of the required monitoring and the submittal of all required reports shall be the responsibility of the industrial user. E. Failure to complete any required monitoring or failure to submit any required reports shall be a violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. 2.b Packet Pg. 50 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 15 2.8 Flow Measurement Requirements A. Any industrial user who discharges a daily average of twenty-five thousand (25,000) gallons per day or more of industrial wastewater, is designated as an Industrial Rate facility for sewer billing purposes, or any other industrial user as required by the Director, shall install a continuous monitoring flow or water meter approved by the Director, which is capable of measuring the volume of industrial wastewater discharged from the industrial user to the POTW. The readings collected from the flow or water meter shall be used to calculate the permitted daily average and daily maximum flows. Daily readings which exceed the daily maximum shall be reviewed by the Director. Continuous daily discharge readings which deviate more than 20% from the daily average permitted flow shall require the industrial user to purchase additional sewer capacity to meet the expected daily discharge. Upon purchase of additional sewer capacity, the permitted flow will be revised accordingly. B. The user shall record daily flow or water meter readings, as specified by the Director, on an approved log sheet. As required by the Director, monthly flow or water meter records shall be submitted to the SBMWD by the fifth (5th) calendar day of each month for the preceding month. The flow or water meter shall conform to standards issued by the Director and shall be equipped with a non- resetting flow totalizer. All flow and water meters shall be calibrated at least annually to ensure the accuracy of the actual flow. All industrial users shall post the type, size, totalizer units, and flow multipliers for any flow or water meters used to measure the volume of wastewater discharged from the user. 2.9 Liquid Waste Discharge Requirements A. Only domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other similar receptacles approved by the Director, that contain no industrial waste, shall be disposed at the designated WRP disposal site. B. The WRP disposal site is the only designated disposal site for liquid wastehaulers who have been issued a liquid wastehauler permit by the SBMWD. 2.b Packet Pg. 51 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 16 C. A liquid waste manifest form shall be completed and signed by a permitted liquid wastehauler for each load to be dumped at the WRP disposal site. The manifest shall include documentation identifying the origin of the hauled wastes. The origin of the hauled wastes requires the physical address where the wastes were originally generated and does not include the address of any temporary storage location. The liquid waste manifest shall be reviewed and signed by an authorized SBMWD employee before any load is approved to be discharged at the designated WRP disposal site. D. Domestic liquid wastes disposed at the designated WRP disposal site shall be subject to inspection, sampling and analysis to determine compliance with all applicable provisions of Rule and Regulation No. 26. Authorized personnel of the SBMWD shall perform or supervise such inspection, sampling and analysis at any time during the delivery of the domestic liquid waste, including prior to the discharge of the domestic liquid waste by the liquid wastehauler. If the WRP finds the wastes do not comply with the requirements of Rule and Regulation No. 26 or liquid wastehauler permit, the liquid wastehauler shall pay the WRP for all costs associated with such inspection, sampling, and analysis, and any other fees, charges or penalties assessed by the Director. E. If the WRP determines the wastes hauled by the liquid wastehauler to be or contain hazardous substances, the liquid wastehauler shall remain at the WRP until the liquid wastehauler transfers the hazardous substances to a wastehauler properly licensed to transport and dispose of such hazardous substances. F. Any liquid wastehauler providing false information to the SBMWD in any permit application, hauler’s report or manifest, or correspondence shall be in violation of Rule and Regulation No. 26 and may be subject to enforcement action including permit suspension or revocation. G. Any liquid wastehauler that hauls both industrial wastes and domestic wastes shall remove all industrial waste contamination from the interior of the vacuum tank prior to loading any domestic liquid wastes into such tank. 2.b Packet Pg. 52 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 17 H. If the wastes hauled by a liquid wastehauler are found unacceptable for discharge into the WRP, the liquid wastehauler shall dispose of the wastes at a legal disposal site. The liquid wastehauler shall provide the SBMWD with a copy of the manifest documenting the legal disposal of the rejected wastes within fourteen (14) calendar days from the date the wastes were rejected by the SBMWD. 2.10 Record Keeping All industrial users shall keep records of all waste hauling, pretreatment equipment maintenance reports, monitoring equipment recording charts and calibration reports, effluent flow or water meter records, sample analysis data, and any other information required by the Director, on the site of the wastewater generation. All records are subject to inspection by Director and shall be copied as needed. All records must be kept on the site of wastewater generation for a minimum period of three (3) years. The record retention period may be extended beyond three (3) years in the event enforcement proceedings have been initiated against the user or an extensive history of the industrial user is required. 2.11 Written Responses All users required by the Director to provide a written response to any correspondence, order, or notice shall do so by the date specified. 2.12 Compliance Extension Any time limit or due date required in any report, written notice or any provision of this Rule and Regulation may be extended only upon a showing of good cause by the user and a written extension by the Director. 2.13 Falsifying Information Any user who knowingly makes any false statement, representation, or certification in any record, correspondence, or other document submitted or required to be maintained by the Director shall be in violation of Rule and Regulation No. 26 and may subject the user to enforcement actions. 2.b Packet Pg. 53 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 18 3.0 DISCHARGE PROHIBITIONS 3.1 Point of Discharge No person or user shall discharge any wastewater directly into a maintenance hole or other opening in the collection system other than through an approved private sewer lateral connection, unless written permission for the discharge has been granted by the Director. This prohibition shall not apply to authorized SBMWD, City, or contract city personnel involved with the maintenance, cleaning, repair, or inspection of the collection system. 3.2 Prohibited Waste Discharges Except as hereinafter provided, no person or user shall discharge or cause to be discharged into the POTW, or any opening, sump, tank, clarifier, piping or waste treatment system, which drains or flows into the POTW, any of the following: A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust, gravel, plaster, concrete, glass, metal filings, or metal or plastic objects, garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, feathers, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing fuel or lubrication oil and similar substances, or solid, semi-solid or viscous material in quantities or volume which will obstruct the flow of sewage in the collection system or any object which will cause clogging of a sewer or sewage lift pump, or interfere with the normal operation of the POTW. B. Any compound which will produce noxious odors in the sewer or wastewater treatment facilities. C. Any recognizable portions of human or animal anatomy or Hydrolysate, wastes or wastewater resulting from Hydrolysis either directly or indirectly into the POTW. D. Any solids, liquids, gases, devices, or explosives which by their very nature or quantity are or may be, sufficient either alone or by interaction with other substances or sewage to cause fire or explosion hazards, 2.b Packet Pg. 54 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 19 exceed ten (10) percent of the LEL at the point of discharge or in the collection system, or in any other way create imminent danger to SBMWD or City personnel, the POTW, the environment or public health. E. Any wastewater or material with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius using the test methods specified in 40 CFR 261.21 and amendments thereto. F. Any overflow from a septic tank, facility wastewater holding tank, cesspool or seepage pit, or any liquid or sludge pumped from a septic tank, facility wastewater holding tank, cesspool or seepage pit, except as may be permitted by the Director. G. Any discharge from any wastewater holding tank of a recreational vehicle, trailer, bus and other vehicle, except as may be permitted by the Director. H. Any storm water, groundwater, well water, street drainage, subsurface drainage, roof drainage, yard drainage or runoff from any field, driveway or street. The Director may temporarily approve the discharge of such waters, in addition to unpolluted water from the SBMWD geothermal facility, to the POTW, when no reasonable alternative method of discharge is available, subject to the payment of all applicable User charges and fees by the discharger. Water from swimming pools, wading pools, spas, whirlpools, and therapeutic pools may be discharged to the POTW between the hours of 8:00 pm and 6:00 am, unless specifically prohibited by the Director. I. Any substance or heat in amounts that will inhibit biological activity in the POTW resulting in interference or which will cause the temperature of the sewage in any public sewer to be higher than one hundred forty (140) degrees Fahrenheit. In no case shall any substance or heat be discharged to the sewer that will raise the WRP influent higher than one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). J. Any radioactive waste in excess of federal, state or county regulations. 2.b Packet Pg. 55 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 20 K. Any pollutant(s), material or quantity of material which will cause: (1) Damage to any part of the POTW; (2) Abnormal maintenance of the POTW; (3) An increase in the operational costs of the POTW; (4) A nuisance or menace to public health; (5) Interference or pass through in the WRP, its treatment processes, operations, sludge processes, use or disposal. This applies to each user introducing pollutants into the POTW whether or not the user is subject to other National Pretreatment Standards or any Federal, State, or local pretreatment requirements; or (6) A violation of any SBMWD NPDES permit. L. Any quantities of herbicides, algaecides, or pesticides in excess of the local or national categorical discharge standards. M. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in excess of local discharge limits or national pretreatment standards. N. Any material or quantity of material(s) which will cause abnormal sulfide generation. O. Any wastewater having a corrosive property capable of causing damage to the POTW, equipment, or structures, or harm to SBMWD or City personnel. However, in no case shall wastewater be discharged to the POTW with a pH below 5.0, or greater than 11.0, or which will change the influent pH of the WRP to below 6.5 or above 8.0. P. Any substance that will cause discoloration of the WRP effluent. Q. Any unpolluted water, including cooling water, heating water, storm water, subsurface water, single pass cooling water, and single pass heating water. The Director may approve, on a temporary basis, the discharge of such water only when no reasonable alternative method of discharge is available. The user shall pay all applicable user charges and fees. R. Any substance which may cause the WRP effluent or any other product such as residues, sludge, or scums to be unsuitable for reclamation or reuse or which will 2.b Packet Pg. 56 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 21 interfere with any of the reclamation processes. This includes any material which will cause the sludge at the WRP to violate applicable sludge use or disposal regulations developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 USCA, Section 6901 et seq.; Clean Air Act, 42 USCA, Section 7401 et seq.; Toxic Substance Control Act, 15 USCA, Section 2601 et seq., or any other applicable state regulations, and amendments to these Acts or regulations. S. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the WRP. T. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. U. Any hazardous substance which violates the objectives of the General Pretreatment Regulations (40 CFR 403), or any statute, rule, regulation or chapter of any public agency having jurisdiction over said discharge, and amendments thereto. V. Any discharge from any groundwater remediation projects, except as may be permitted by the Director. W. Any slug loads from raw materials, finished products, spent solutions, or sludges generated from processing tanks or vessels, unless no reasonable alternative is available to prevent severe loss of life or to protect the environment. These shall include, but are not limited to wash tanks, chemical conversion tanks, acid and alkali tanks, lubricating tanks, condensate from dry cleaning processes, fruit and vegetable wash tanks, brine wastewater from soft water regeneration processes above permitted limits, and any other tank or vessel containing a material which would exceed permitted discharge limits. X. Any radiator fluid or coolant, cutting oil, water soluble cutting oil, or water-based solvent. 2.b Packet Pg. 57 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 22 Y. Any photo processing waste from developing or fixing solutions or rinse waters that are not in compliance with the discharge limits specified in this Rule and Regulation. Z. Any Toxic Organics in amounts which are determined to be toxic to the maintenance or operation of the POTW. The SBMWD may require the submittal of a Toxic Organic Management Plan (TOMP) from any user determined to discharge Toxic Organics above detection limits. 3.3 Liquid Waste Discharge Prohibitions A. Liquid wastehaulers shall not discharge or cause to be discharged any hazardous material or hazardous waste, as defined by RCRA, to the designated WRP disposal site. B. Liquid wastehaulers shall not discharge any industrial wastewater into the designated WRP disposal site, POTW or the collection system of a service area which receives sewer service from the City. C. Liquid wastehaulers shall not mix industrial wastewater and domestic liquid wastes in an attempt to discharge the mixture to the designated WRP disposal site. D. Liquid wastehaulers shall not mix or dilute any rejected load with another load in order to achieve compliance with Rule and Regulation No. 2626 or liquid wastehauler permit. E. Liquid wastehaulers shall not dispose of any rejected load into any septic tank, cesspool, seepage pit or similar devices, any grease interceptor or trap, any storm drain, or any collection system opening except as authorized by the Director. F. Liquid wastehaulers shall not discharge or cause to be discharged any domestic liquid wastes that originate outside the Service Area provided wastewater and/or potable water service by the SBMWD. The Director may permit the discharge of domestic liquid waste from outside the service area, provided it is included as a part of domestic liquid waste that originated from within the SBMWD Service Area. 2.b Packet Pg. 58 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 23 3.4 Interceptor Prohibitions The use of any biological or chemical products or other materials designed to metabolize, emulsify, suspend, or dissolve oil and grease within any sand/oil or oil/grease interceptor is prohibited, pending a formal review by the Director, to confirm use of the product will not contribute to obstruction or operational difficulties in the POTW. 3.5 Prohibited Discharge of Pretreatment Waste No person shall discharge any waste removed from any pretreatment equipment, systems, or devices into any sewer or storm drain opening or any drains or other openings leading to any sewer or storm drain or to the ground without authorization and permits from the regulatory agency having jurisdiction over the discharge of such waste. All waste removed from pretreatment equipment shall be disposed of in accordance with all applicable federal, state, county, and local laws and regulations. 3.6 Medical Waste Disposal A. No user shall discharge medical waste to the POTW without first complying with all requirements of the California Medical Waste Management Act (California Health and Safety Code Sections 117600 – 118360) and obtaining written permission from the Director. The request shall be submitted to the Director and shall include: (1) The source and volume of the medical waste; (2) The procedures and equipment used for disinfection of the medical waste; and (3) Employee training procedures for the legal disposal of the medical waste. B. If the Director believes that the waste would not be adequately disinfected, the Director shall issue a written denial to the user and state the reasons for the denial. This denial shall be issued within thirty (30) days from receipt of the written request. C. If the Director believes that adequate disinfection of the waste can be achieved prior to discharge of the waste to the collection system, then conditional approval may be granted for the disposal of the waste. A letter of approval shall be sent to the user within thirty (30) days of receipt of the written request. 2.b Packet Pg. 59 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 24 D. If the user is granted permission for disposal of the medical waste, the user: (1) Shall adequately disinfect the medical waste prior to discharge to the POTW as outlined in the approval letter; (2) Shall not dispose of solid medical waste to the POTW, including hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature, or recognizable portions of human or animal anatomy; and (3) Shall be subject to periodic inspections to verify that all disinfection methods, procedures, and practices are being performed. E. As authorized by the Director, wastewater generated from medically required lifesaving operations, including but not limited to dialysis facilities, may be approved for disposal to the POTW. 3.7 Dilution Prohibited as a Substitute for Treatment No industrial user shall increase the use of water, or in any other manner, attempt to dilute a wastewater discharge as a partial or complete substitute for adequate treatment to achieve compliance with Rule and Regulation No. 26 and the user’s permit, or to establish an artificially high flow rate for permitted mass emission rates or permitted flow amounts. 3.8 Water Softening Prohibitions A. No industrial user shall install, replace, enlarge, or use any apparatus for softening all or any part of the water supply to any premises when such apparatus is an ion exchange softener or demineralizer of the type that is regenerated at the site of use with the regeneration wastes being discharged to the ground, storm drain or the POTW unless the apparatus is in compliance with the following conditions: (1) The brine solutions generated during the backwash cycles of the water softener shall be segregated from the fresh water rinses for disposal to a legal brine disposal site; (2) The backwash equipment shall be equipped with an electrical conductivity controlled discharge valve that controls the wastewater discharged to the POTW. The electrical conductivity valve shall be calibrated at a minimum annually or as often as 2.b Packet Pg. 60 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 25 necessary to control and prevent any wastewater from being discharged to the POTW that exceeds the maximum electrical conductivity, total dissolved solids, or associated sodium and chloride concentrations established in the local discharge limitations specified in this Rule and Regulation; and (3) The industrial user shall maintain the electrical conductivity controlled discharge valve in proper operating condition at all times. The industrial user shall notify the Director within twenty-four (24) hours in the event of a valve failure and immediately cease the discharge of all wastewater to the POTW associated with the soft water regenerating processes. A written report documenting the cause of the failure and the corrective actions taken shall be submitted to the Director, within five (5) business days after discovery of the electrical conductivity valve failure. B. Pursuant to California Health and Safety Code Sections 116775-116795 and amendments thereto, no residential water softening or conditioning appliance shall be installed except in either of the following circumstances: (1) The regeneration of the appliance is performed at a nonresidential facility separate from the location of the residence where such appliance is used; or (2) The regeneration of the appliance discharges to the waste disposal system of the residence where such appliance is used and the following conditions are met: a. The appliance activates regeneration by demand control; b. An appliance installed on or after January 1, 2000, shall be certified by a third party rating organization using industry standards to have a salt efficiency rating of no less than three thousand three hundred fifty (3,350) grains of hardness removed per pound of salt used in generation. An appliance installed on or after January 1, 2002 shall be certified by a third party rating organization using industry standards to have a salt 2.b Packet Pg. 61 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 26 efficiency rating of no less than four thousand (4,000) grains of hardness removed per pound of salt used in generation; c. The installation of the appliance is accompanied by the simultaneous installation of the following softened or conditioned water conservation devices on all fixtures using softened or conditioned water, unless such devices are already in place or are prohibited by local and state plumbing and building standards or unless such devices will adversely restrict the normal operation of such fixtures: i. Faucet flow restrictors. ii. Shower head restrictors. iii. Toilet reservoir dams. iv. A piping system installed so that untreated (unsoftened or unconditioned) supply water is carried to hose bibs and sill cocks which serve water to the outside of the house, except that bypass valves may be installed on homes with slab foundations constructed prior to the date of installation; or condominiums constructed prior to the date of installation; or otherwise where a piping system is physically inhibited. (3) The certification required under subsection B of this Section 3.8 shall be provided by the new user of the appliance and shall be completed by a contractor having a valid Class C-55 water conditioning contractor’s license or Class C-36 plumbing contractor’s license and filed with the City Building Division. The certification form shall contain all of the following information: a. Name and address of homeowner; b. Manufacturer of the water softening or conditioning appliance, model number of the appliance, pounds of salt used per regeneration, and salt efficiency rating at the time of certification. c. Manufacturer of the water-saving devices installed, model number, and number installed; and 2.b Packet Pg. 62 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 27 d. Name, address, and the specialty contractor’s license number of the C-55 and C-36 licensee making the certification. (4) Any person installing or operating a water conditioning apparatus of any kind shall make such apparatus accessible to the Director for inspection at reasonable times. (5) Notwithstanding subdivision 2 of subsection B of this Section 3.8, the SBMWD may limit the availability, or prohibit the installation, of residential water softening or conditioning appliances that discharge to the POTW if the Director makes all of the following findings: a. The WRP is not in compliance with the discharge or water reclamation requirements specified in the NPDES permit issued by the Regional Water Quality Control Board; b. Limiting the availability, or prohibiting the installation, of the appliances is the only available means of achieving compliance with waste discharge requirements issued by the Regional Board; and c. All nonresidential sources are limited to the volumes and concentrations of saline discharges to the POTW to the extent technologically and economically feasible. 3.9 Limitation on Wastewater Strength No user shall discharge industrial wastewater to the POTW unless the wastewater conforms to the limitations and requirements of Rule and Regulation No. 26. Discharge limitations shall be revised as needed to ensure compliance of the WRP effluent and bio-solids reuse in compliance with the SBMWD NPDES Permit. For Categorical Users, the SBMWD may exercise one or more of the following options: A. Where a categorical pretreatment standard is expressed in terms of either mass or concentration of a pollutant, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c)(1-5) and amendments thereto; B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula; and 2.b Packet Pg. 63 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 28 C. A variance from a categorical pretreatment standard may be issued if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and amendments thereto, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing the categorical pretreatment standard. 3.10 Local Discharge Limitations As required by the Director, all users shall comply with the Local Discharge Limits as set forth in the Industrial User Local Discharge Limitation Table and Wastehauler Discharge Limitation Table. The pollutant discharge limits included in the Wastehauler Discharge Table are applicable to all septic and chemical toilet waste disposed at the WRP septic receiving station. All Categorical Industrial Users shall be required to meet the more stringent of Local Discharge Limits and the specific Categorical Pretreatment Standards. INDUSTRIAL USER LOCAL DISCHARGE LIMITATION TABLE [Daily Maximum Discharge Limit] CONSTITUENT MILLIGRAMS/LITER Arsenic 0.9 Boron 1.0 Cadmium 0.2 Chloride 990 Chromium (Total) 2.3 Copper 7.4 Cyanide 1.5 Fluoride 3.8 Lead 2.2 Mercury 0.1 Nickel 2.3 Phenol 2.13 Silver 2.5 Sodium 495 Sulfate 382 Zinc 8.4 2.b Packet Pg. 64 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 29 WASTEHAULER DISCHARGE LIMITATION WASTE [Daily Maximum Discharge Limit] CONSTITUENT MILLIGRAMS/LITER Arsenic 0.9 Cadmium 0.3 Chromium (total) 2.3 Copper 15.0 Lead 4.0 Nickel 2.3 Zinc 31.0 3.11 Federal Categorical Pretreatment Standards The Federal Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and amendments thereto are hereby incorporated into Rule and Regulation No. 26 by reference. Where duplication of the same pollutant limitation exists, the limitation that is more stringent shall prevail. Compliance with Federal Categorical Pretreatment Standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be achieved within three (3) years following promulgation of the standards unless a shorter compliance time is specified in the standards or by the Director. New sources shall have all required pretreatment equipment, which is necessary to meet applicable pretreatment standards, installed and operating before beginning any discharge. New sources must meet all applicable pretreatment standards within the shortest feasible time, not to exceed ninety (90) days. 4.0 PRETREATMENT REQUIREMENTS 4.1 Separation of Wastewater Any user who discharges industrial wastewater to the POTW shall keep domestic wastewater separate from all industrial wastewater until the industrial wastewater has passed through all required pretreatment and monitoring equipment or devices. For existing Categorical Industrial Users that cannot separate the domestic wastes from the industrial wastes prior to the permitted sample location, the combined waste stream formula shall be applied to determine applicable discharge limitations. 2.b Packet Pg. 65 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 30 4.2 Pretreatment of Industrial Wastewater All industrial users shall: A. Provide wastewater pretreatment, as required, to comply with Rule and Regulation No. 26; B. Achieve compliance with all applicable Federal Categorical Pretreatment Standards, as contained in 40 CFR Chapter I, Subchapter N and amendments thereto, and local limits, whichever are more stringent, within the time limitations as specified by the Director or Federal Pretreatment Regulations; C. Provide, operate, and maintain all necessary equipment, systems, and devices, as required by the Director, at the user’s expense; D. Provide detailed plans to the Director for review and approval indicating the pretreatment equipment, systems, devices and operating procedures before the beginning of any construction or installation of any equipment. The review of such plans and operating procedures shall not relieve the user from the responsibility of pretreating wastewater to produce an effluent acceptable to the Director under the provisions of Rule and Regulation No. 26; E. No user shall install pretreatment equipment, systems or devices in a confined space or a permit required confined space; F. Whenever deemed necessary, the Director may require users to restrict their wastewater discharge, relocate and/or consolidate points of discharge, separate domestic waste streams from industrial waste streams, and other such conditions as may be necessary to protect the POTW and determine the users' compliance with the requirements of Rule and Regulation No. 26; and G. Notify the Director of any pretreatment equipment failure within twenty-four (24) hours after the user is aware of the failure. The notification shall be accomplished by a telephone call, telefax transmission, personal visit or hand delivered notification, to the SBMWD. A written report documenting the cause of the failure and the corrective actions completed shall be 2.b Packet Pg. 66 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 31 submitted to the Director, within five (5) business days after discovery of the pretreatment equipment failure. 4.3 Pretreatment of Equipment Bypass A. No user shall bypass any pretreatment equipment or device unless the bypass: (i) is necessary to prevent loss of life, personal injury or severe property damage, is not necessitated by some fault of the user, and is the only feasible alternative; or (ii) is necessary to perform essential maintenance ensuring adequate operation of the pretreatment equipment or device and does not cause a violation of applicable discharge limits. B. All users shall comply with the following bypass notification requirements: (1) Anticipated bypass: The user shall submit a written notice to the Director at least ten (10) business days before the date of the scheduled bypass; or (2) Unanticipated bypass: The user shall notify the Director within twenty-four (24) hours upon learning that any pretreatment equipment or device has been bypassed. The user shall submit a written report to the Director within five (5) business days after the bypass. (3) All bypass reports shall include: a. A description of the bypass, including the volume and duration; b. If the bypass was corrected; and c. Actions completed or proposed to prevent a recurrence of the bypass. 4.4 Standard Interceptor Designs The Director shall maintain a file, available to the public, of suitable designs of gravity separation interceptors. This file shall be for informational purposes only and shall not provide or imply any endorsements of any kind. Installation of an interceptor of a design shown in this file, or of any design meeting the size requirements set forth in Rule and Regulation No. 26 shall not subject the City to any liability for the adequacy of the interceptor under actual conditions of use. The user and property owner shall not be relieved of the responsibility of preventing the discharge of industrial wastewater to the POTW which exceeds permitted discharge limits or causes undue maintenance of the POTW. 2.b Packet Pg. 67 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 32 4.5 Pretreatment Requirements for Existing Users All existing industrial users which do not have adequate pretreatment shall be required to install pretreatment equipment, as specified by the Director, to meet the required local discharge limits specified herein, under the following conditions: A. The user has been determined to cause or contribute to an increase in the frequency of sewer line maintenance cleaning or repairs. B. The user has been determined to cause or contribute to sewer line blockages or Sanitary Sewer Overflows. C. The user has sold or transferred operation of the facility to a new user or operator. D. The user has completed any changes to the following: (1) A significant interior plumbing modification; (2) A significant increase in seating capacity; (3) A significant increase in operating hours; (4) A significant change in the type of food prepared at the facility; (5) A significant change in the maximum meals served per peak hour; (6) A significant change in the type of equipment used; (7) Any other changes which result in a significant change to the quantity or quality of the wastewater discharged. 4.6 Interceptor Requirements All interceptors required to be installed must be approved by the Director prior to installation. All users required to install an interceptor shall comply with the following conditions: A. The interceptor shall be watertight, structurally sound, durable and have a minimum of two (2) chambers with a separate ring and cover for each chamber, unless otherwise approved by the Director, to ensure adequate cleaning capabilities. All rings shall be affixed to the interceptor to ensure a gas and watertight seal. B. All interceptor chambers shall be immediately accessible at all times for the purpose of inspection, sampling, 2.b Packet Pg. 68 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 33 cleaning, and maintenance. At no time shall any material, debris, obstacles or other obstructions be placed in such a manner that will prevent immediate access to the interceptor. C. Any interceptor legally and properly installed before the effective date of Rule and Regulation No. 26 shall be acceptable as an alternative to the current interceptor requirements provided the interceptor is effective in removing floatable and settleable material and is accessible for inspection, sampling, cleaning, and maintenance. D. All drains, openings and service lateral lines connected to an approved interceptor shall be kept free from any obstructions or restrictions to wastewater discharge. All drains and openings connected to an approved interceptor shall be equipped with screens or devices which will prevent all material and particles with a cubic dimension greater than three-eighths (3/8) of an inch from being discharged to the POTW. E. All interceptors shall be equipped with an influent tee extending no more than twelve (12) inches below the operating fluid level of the interceptor. The interceptor shall also have tees extending to within twelve (12) inches of the bottom at the exit side of each interceptor chamber, including the final chamber. The Director shall review and either approve or deny any alternate manufacturers engineered interceptor designs contrary to standard requirements. F. All interceptors shall be equipped with a sample box as required by the Director. G. No user shall install or use any elbows or tees in any interceptor sample box. H. No user shall install any interceptor or sample box in a confined space or a permit required confined space. I. If the Director finds, either by engineering knowledge or by observation, that an interceptor is incapable of adequately retaining floatable and settleable material in the wastewater, is structurally inadequate, or is undersized for the facility, the Director shall reject such interceptor and declare that the interceptor does 2.b Packet Pg. 69 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 34 not meet the requirements of this Section. The user shall be required to install, at the user’s expense, an interceptor that is acceptable to the Director. J. No user shall abandon, seal, fill, or in any other way bypass an existing interceptor or grease trap unless prior approval has been requested and granted by the Director. The approval of the Director shall require the user to propose and receive approval from the Director for the proper disposal of any wastes or industrial wastewater generated by the user 4.7 Sand/Oil Interceptors A. No user that owns, operates, or maintains a facility for the servicing, repair, cleaning, washing, or any other type of maintenance activities performed on roadway machinery, industrial transportation equipment, motor vehicles, public or private transportation vehicles, or any other facility as required by the Director, shall discharge wastewater to the POTW without first complying with all sand/oil interceptor requirements specified by the Director. Such users shall complete and submit a Class III Industrial User Permit Application to the Director for review of sand/oil interceptor requirements. B. The Director shall notify the user of the Directors determination whether installation of a sand/oil interceptor is required prior to such users discharge to the POTW. It is unlawful for any user to discharge wastewater to the POTW without use of a sand/ oil interceptor, in accordance with Rule and Regulation No. 26, as required by the Director. C. The Director shall calculate the size of the sand/oil interceptor to be used by the maintenance facility. The interceptor shall have a minimum operational fluid capacity of one hundred (100) gallons and shall be designed to retain material which will float or settle. Domestic wastewater shall not be allowed to pass through the interceptor. D. Any user required to install a sand/oil interceptor shall direct all wastewater from all drains, sinks, and wash racks, through an approved minimum size one hundred (100) gallon sand/oil interceptor which complies with 2.b Packet Pg. 70 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 35 Rule and Regulation No. 26 Section 4 4.6. Such user shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the wastewater until the wastewater has passed through all necessary sand/oil interceptors, pretreatment equipment, and/or monitoring stations. E. Any user required to install a sand/oil interceptor shall maintain such interceptor in accordance with Rule and Regulation No. 26 Section 4 4.10. 4.8 Restaurant Requirements A. No restaurant user shall discharge wastewater to the POTW without first complying with all oil/grease interceptor requirements specified by the Director. Such restaurant users shall complete and submit a Class III Restaurant User Permit Application to the Director for review of oil/grease interceptor requirements. B. The Director shall notify the restaurant user of any oil/grease interceptor requirements prior to such restaurant user’s discharge to the POTW. It is unlawful for any restaurant user to discharge non-domestic wastewater to the POTW without use of a grease interceptor, in accordance with Rule and Regulation No. 26, as required by the Director. C. The Director shall calculate the size of the grease interceptor required to be used by the restaurant user, in accordance with the sizing criteria specified in the latest version of the Uniform Plumbing Code. In order to provide adequate retention time for the separation of oil/grease, the Director shall require the installation of a minimum size seven hundred fifty (750) gallon oil/grease interceptor and sample box for all restaurant users who are required to install an interceptor. The Director may allow the use of a shared interceptor among adjacent restaurant users provided that the facilities comply with the required sizing requirements and an authorized representative is defined to assume responsibility for maintenance of the interceptor. (1) The Director may consider the condition of the collection system serving the user, and possible adverse effects caused by the discharge in determining any interceptor requirements. The 2.b Packet Pg. 71 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 36 Director reserves the right to require a larger interceptor when necessary and to set a maximum interceptor size when appropriate, to prevent the accumulation of sewer gas in underutilized interceptors. D. Any restaurant user required to install an oil/grease interceptor shall direct all wastewater from all kitchen floor drains, floor sinks, hand sinks, two (2)- compartment sinks, 3-compartment sinks, mop sinks, wash racks, dishwashers, and food waste grinders through an approved minimum size seven hundred fifty (750) gallon oil/grease interceptor which complies with Rule and Regulation No. 26 Section 4 4.6. Such restaurant users shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e., ice melt, air conditioning condensate) separate from the kitchen wastewater until the restaurant wastewater has passed through all necessary oil/grease interceptors, pretreatment equipment, and/or monitoring stations. The Director reserves the right to allow the discharge of condensate to the oil/grease interceptor if it is determined the discharge will not adversely impact effective operation of the interceptor. E. Any restaurant user required to install a grease interceptor shall maintain such interceptor in accordance with Rule and Regulation No. 26 Section 4 4.10. F. All restaurant users are required to segregate all waste oil from deep fryers, cookers, etc. from all other waste streams. The segregated waste oil is not permitted to be discharged to the POTW. The waste oil is required to be stored onsite and hauled to an approved disposal site. 4.9 Conditional Waivers The Director may authorize the issuance of a conditional waiver of the oil/grease interceptor requirement or require the installation of an under sink grease trap, as approved by the San Bernardino County Department of Environmental Health, for any restaurant user determined by the Director not to have a reasonable potential to cause an adverse effect on or impact the normal operation of the SBMWD Collection System or 2.b Packet Pg. 72 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 37 the POTW. The Director may revoke such conditional waiver for the following reasons: A. Changes in menu; B. Falsification of information submitted in the Class 3 Industrial User Permit Application; C. Changes in operating hours; D. Changes in maximum seating capacity; E. Changes in maximum meals served per peak hour; F. Changes in equipment used; G. Changes in the quantity or quality of the wastewater discharged; or H. Increased sewer line maintenance or sanitary sewer overflows (SSOs) which is attributed to the restaurant user’s wastewater discharge. 4.10 Interceptor Maintenance A. Any user who owns or operates an interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is considered to be in violation of Rule and Regulation No. 26 under the following conditions: (1) Odors generated from the interceptor cause a public nuisance. (2) The interceptor is not in good working condition and appears to be surcharging. (3) The operational fluid capacity of the interceptor has been reduced by more than twenty-five (25) percent by the accumulation of floating material, sediment, solids, oil or grease. (4) The industrial wastewater discharged from the user is determined to contain more than two hundred fifty (250) milligrams per liter (mg/L) of oil and grease. 2.b Packet Pg. 73 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 38 B. When an interceptor is cleaned, the interceptor must be pumped out completely and the removed sediment, liquid and floating material shall be lawfully disposed at a facility legally approved to accept such waste. C. The user shall maintain a manifest for the removed interceptor waste. The manifest shall include at a minimum: the name and address of the facility where the waste is removed, the disposal site for the interceptor waste, the volume removed, and the date and time of removal. Failure to maintain and provide the required information may require the user to document the required information on a SBMWD issued grease hauler manifest form. D. The removed pretreatment waste shall not be reintroduced into the interceptor or discharged into another interceptor at another location which has not been approved by the Director to accept such waste. E. If the interceptor is not maintained adequately and increased pumping is determined to be insufficient to maintain the effective operation of the interceptor, the user shall be required to install an interceptor of sufficient size, that is effective in pretreating the wastewater to acceptable standards. F. The owner and lessee, sub-lessee, proprietor, operator and superintendent of any facility, required to install an interceptor, are individually and severally liable for any failure to properly maintain such interceptor. 4.11 Silver Recovery Pretreatment Systems A. All industrial users who discharge wastewater to the POTW which is generated from the development of photographic film, film negatives, x-rays, or plate negatives shall install silver recovery pretreatment equipment, as required by the Director. B. The silver recovery equipment shall be capable of sufficiently removing silver from the fixer solution and any silver laden rinse water to meet the required local discharge limits specified herein. C. The photo developing solution shall be required to be separated, reclaimed, hauled by a licensed wastehauler 2.b Packet Pg. 74 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 39 to an approved disposal site and shall not be discharged to the silver recovery equipment. D. As required by the Director, the user shall install an approved sample collection device at the discharge end of the silver recovery equipment to facilitate the collection of representative wastewater samples. 4.12 Industrial User Modifications All permitted users shall report proposed changes to the Director, for review and approval, thirty (30) days prior to initiation of the changes. The reporting shall be done in writing from the authorized representative of the permitted industrial user. For the purposes of this section “changes” shall include any of the following: A. A sustained twenty (20) percent increase or decrease in the industrial wastewater flow discharged or in production capacity; B. Additions, deletions or changes to processes or equipment; or C. Experimentation with new processes and/or equipment that will affect the quantity or quality of the wastewater discharged. 4.13 Unauthorized Equipment Modifications No user shall knowingly falsify, tamper with, or render inaccurate any monitoring device or any pretreatment equipment or device. Such falsification, tampering, or inaccuracy shall be considered a violation of Rule and Regulation No. 26 and shall subject the user to enforcement actions. 4.14 Unauthorized Discharge Notification A. All users shall notify the Director within twenty-four (24) hours of any substantial change, in the quantity or quality of the wastewater discharged, that could cause a problem at the POTW, including any slug loadings of any material. Wastewater discharges that may cause a problem at the POTW include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste, salts, colored wastes, and batch discharges. All users shall provide the Director, within five (5) 2.b Packet Pg. 75 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 40 business days from the incident, a written report detailing the cause of the discharge and the corrective actions completed to prevent a recurrence. B. All users shall notify the Director, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. The notification shall include, but is not limited to: the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). C. All users shall notify the Fire Department in the event the discharge has the potential to cause a fire or explosion hazard. 4.15 Spill Containment Systems All users, as required by the Director, shall install spill containment systems which conform to established requirements. The spill containment systems shall be sufficient to prevent the discharge of any bulk chemicals, raw materials, finished product, etc. to the POTW. Spill containment requirements include but are not limited to the following: A. Spill containment systems for tanks, carboys, and vats shall consist of a system of dikes, walls, barriers, berms, or other devices approved by the Director which are designed to contain a minimum of 110% of the liquid contents of the largest container stored in the containment device. B. Spill containment systems for drums and barrels may consist of individual spill containment skids, pallets, or other devices approved by the Director which are designed to contain a minimum of one hundred ten percent (110%) of the entire contents of all containers stored in the containment device. C. Spill containment systems shall be constructed of materials that are impermeable and non-reactive to the liquids being contained. 2.b Packet Pg. 76 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 41 D. Outdoor spill containment systems shall be constructed with adequate covering to prevent the accumulation of water from inclement weather or irrigation within the spill containment device. E. Spill containment systems shall not allow incompatible substances to mix and cause a hazardous situation in the event of a failure of one or more containers. F. At no time shall a user use a spill containment system for the storage of waste other than from a spill generated from a contained liquid. G. Liquid contained within the spill containment system shall be removed as soon as possible or as instructed by the Director to restore the capacity of the spill containment system to the original volume. 4.16 Facility Waste Management Plan Permitted Significant Industrial Users may be required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP may include any of the following documents: A. TOXIC ORGANIC MANAGEMENT PLAN (TOMP) is required of all categorical industrial users which are permitted to submit a TOMP in lieu of required pollutant monitoring. B. SLUG DISCHARGE PREVENTION CONTROL PLAN (SDPCP) is required of all industrial users which have batch discharge provisions, stored chemicals or materials, or the potential for a slug discharge which, if discharged to the POTW, would violate any of the prohibited discharge requirements of Rule and Regulation No. 26. C. PRETREATMENT SYSTEMS OPERATIONS MANUAL is required of all industrial users that operate and maintain pretreatment equipment. D. HAZARDOUS MATERIALS/WASTE MANAGEMENT PLAN is required of all industrial users that use or possess a hazardous substance or generate a hazardous substance. The County’s Fire Department-required Business Emergency Plan may be substituted for this management plan. 2.b Packet Pg. 77 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 42 E. WASTE MINIMIZATION/POLLUTION PREVENTION PLAN (WM/PPP) is required of any industrial user: (1) For whom the Director has determined such WM/PPP is necessary to achieve a water quality objective; (2) Determined by the California State Water Resources Control Board (State or Regional Board) to be a chronic violator, and the State Board, Regional Board or City determines that pollution prevention (as defined in Water Code Section 13263.3(b)) could assist; (3) That significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Water Code Section 13391.5. F. The WM/PPP may be required to include: (1) A wastewater analysis of pollutant(s), as directed by the State Board, Regional Board, or SBMWD, that the user discharges to the POTW, a description of the source(s) of the pollutant(s), and a comprehensive review of the processes used by the users that result in the generation and discharge of the pollutant(s). (2) An analysis of the WM/PPP to reduce the generation of the pollutant(s), including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods. (3) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques. (4) A statement of the user’s pollution prevention goals and strategies, including priorities for short-term and long-term action. (5) A description of the user's existing pollution prevention methods. (6) A statement that the user's existing and planned pollution prevention strategies do not constitute cross media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the SBMWD. (7) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (Section 25244.12) of Chapter 6.5 of 2.b Packet Pg. 78 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 43 Division 20 of the Health and Safety Code), if applicable. (8) An analysis of the pollution prevention measures, relative costs, and benefits of the proposed pollution prevention activities selected by the user. 5.0 WASTEWATER DISCHARGE PERMITS 5.1 General Permit Requirements A. It is unlawful for any Class I, II, III, IV, V, or VI User to connect or discharge to the POTW without a valid industrial user or liquid wastehauler permit. B. Plans and building permits shall not be approved by the Director for any sewer connection to the POTW unless the user has first obtained the appropriate industrial user permit or the user has received written permission from the Director to connect to the POTW after agreeing in writing not to discharge industrial wastewater until an industrial user permit has been obtained. C. The Director shall have the authority to deny or establish discharge limitations for all users who propose new or increased contributions of pollutants, or changes in the nature of pollutants to the POTW where the contributions do not meet applicable pretreatment standards, requirements or would cause the SBMWD to violate its NPDES permits. 5.2 Industrial User Permit Application Requirements A. All users required to obtain an industrial user permit shall complete and file with the Director a permit application form provided by the Director and shall pay all applicable fees invoiced by the SBMWD. The permit application may require the applicant to supply any or all of the following information: (1) Name, address, and location of the facility (if different from the mailing address); (2) Name of the operator and owners; (3) Name, title and phone number of authorized representative(s) and contact(s); (4) NAICS number of the operation(s) carried out by the industrial user, according to the Federal North 2.b Packet Pg. 79 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 44 American Industry Classification System, Office of Management and Budget, 1997, as amended; (5) EPA hazardous waste generator’s number, if applicable; (6) A description of operations including the nature, average rate of production, and a schematic process diagram which indicates points of discharge to the POTW; (7) Flow measurement information showing the measured average daily and maximum daily flow in gallons per day discharged to the POTW from process waste streams and all other waste streams, as necessary, to determine the permitted flow of the user and to allow use of the combined waste stream formula; (8) Time and duration that wastewater is discharged; (9) Wastewater samples collected according to 40 CFR 403.12(b)(5)(i-vii) specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses; (10) Measurement of pollutants identifying the National Categorical Pretreatment Standard applicable to each regulated process, with the results of sample analyses identifying the nature and concentration (or mass where required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto; (11) A list of all environmental control permits held; (12) Site plans, floor plans, process and pretreatment flow charts, mechanical and plumbing plans with details to show all sewers, sewer connections, monitoring equipment, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation and a pretreatment systems operations and maintenance manual as required; (13) Certification statement, as set forth in 40 CFR Part 403.6(a)(2)(ii) and amendments thereto, executed by an authorized representative of the industrial user and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and local) are being met on a consistent basis. If not, the industrial user shall state if additional 2.b Packet Pg. 80 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 45 pretreatment equipment is necessary to achieve compliance with pretreatment standards and requirements; and (14) Any other information as may be necessary for the Director to evaluate the permit application. The accuracy of all data submitted, including monitoring data, shall be certified by an authorized representative of the industrial user as set forth in 40 CFR Part 403.6(a)(2)(ii). B. After receiving the completed application and all required support information, the Director shall evaluate the application and information furnished by the applicant and either issue an industrial user permit subject to the terms and conditions provided in Rule and Regulation No. 26, suspend the issuance of the permit or disapprove the application pursuant to Rule and Regulation No. 26 Section 5.2 Industrial User Permit Application Requirements Subsection DD. The Director shall issue the permit, if the Director believes that sufficient and accurate information has been provided by the applicant in the permit application and the Director finds that all of the following conditions are met: (1) The proposed discharge of the applicant is in compliance with the prohibitions and limitations of Rule and Regulation No. 26; (2) The proposed operation and discharge of the applicant would not interfere with the normal and efficient operation of the POTW; (3) The proposed operation and discharge of the applicant shall not result in a violation by the SBMWD of the terms and conditions of its NPDES permit or cause a pass through of any toxic materials to the POTW; and (4) The applicant has paid all applicable industrial user permit fees. C. The Director may suspend the permit application process if the user's business will not be operational at the conclusion of the application review process. The Director will supply the user with an interim approval letter in order to receive a permit to commence construction from the Building Department. The user is required to notify the Director at least fourteen (14) days prior to the commencement of business operations. 2.b Packet Pg. 81 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 46 The industrial user permit will be issued upon proper notification by the user. D. If the Director determines there has been misrepresentation or failure to disclose all relevant facts in the Industrial User Permit Application or that the proposed discharge will not be acceptable, the Director shall disapprove the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process. 5.3 Industrial User Permit Requirements A. Industrial user permits shall be subject to all provisions of Rule and Regulation No. 26 and all other applicable regulations, charges and fees established by resolution(s) approved by the Board. B. Permits may contain or require any or all of the following: (1) Limitations on the maximum daily and average monthly wastewater pollutants and mass emission rates for pollutants; (2) Limitations on the average and maximum daily wastewater flow rates; (3) Requirements for the submittal of daily, monthly, annual and long term production rates; (4) Requirements for reporting changes and/or modifications to equipment and/ or processes that affect the quantity or quality of the wastewater discharged; (5) Requirements for installation and maintenance of monitoring and sampling equipment and devices; (6) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate spill containment devices; (7) Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; pollutant violation notification and resampling requirements; number, types and standards for tests; reporting schedules; TTO monitoring; and self-monitoring standard operating procedures (SOPs); (8) Requirements for reporting flow exceedances and pollutant violations; (9) Requirements for submission of technical or discharge reports, Baseline Monitoring Reports 2.b Packet Pg. 82 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 47 (BMR), compliance reports, and reports on continued compliance; (10) Reports on compliance with Federal Categorical Pretreatment Standards deadlines. All categorical industrial users shall submit reports to the Director containing the information described in this Section as required by the permit. For existing categorical industrial users, the report shall be submitted within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards. For new categorical industrial users, the report shall be due thirty (30) days following the commencement of wastewater discharge into the POTW. These reports shall contain long term production rates and actual production during the wastewater sampling periods; (11) All significant industrial users shall collect representative wastewater samples collected from the approved sample location during the first (1st) month of the first (1st) and third (3rd) quarters. The sample analysis compliance reports shall be submitted to the SBMWD by the end of the second (2nd) month of the first (1st) and third (3rd) quarters. These reports shall include effluent sample analyses results with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all processes and total flow for the reporting period. Average and maximum daily production rates; and total production rate for the reporting period may be required to verify effluent sample analyses to ensure wastewater flows are consistent with production rates; (12) All required reports: BMRs, compliance reports, periodic reports on continued compliance, and sample data submittals, must be signed by an authorized representative of the user; (13) All required reports must have an accompanying certification statement, by an authorized representative, stating whether the pretreatment standards are or are not being met as set forth in 40 CFR Section 403.12(b)(6) and amendments thereto; (14) Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, 2.b Packet Pg. 83 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 48 recycling, and waste minimization as specified by the Director; (15) Requirements for notification of slug or accidental discharges and significant changes in volume or characteristics of the pollutants discharged; (16) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements of Rule and Regulation No. 26 and amendments thereto; and (17) Other conditions or requirements as deemed appropriate by the Director to ensure compliance with Rule and Regulation No. 26 and amendments thereto. 5.4 Liquid Wastehauler Permits A. It is unlawful for any liquid wastehauler to discharge to the designated WRP disposal site without a current liquid wastehauler permit, and a current San Bernardino County Department of Environmental Health liquid wastehauler permit and decal, or to otherwise fail to comply with the provisions of Rule and Regulation No. 26. B. No person shall be issued a liquid wastehauler permit by the SBMWD without first completing and submitting an application for a SBMWD liquid wastehauler permit which contains the following information: (1) Name, address, and phone number of the liquid wastehauler; (2) Number of vehicles (vehicles include trucks, tankers and trailers), gallon capacity, license plate number, registered owner’s name, and make and model, of each vehicle operated by the liquid wastehauler for the purpose of hauling domestic liquid wastes; (3) Name of the liquid wastehauler’s authorized representative; (4) Name and policy number of the liquid wastehauler’s insurance carrier and bonding company, if applicable; (5) The number of the current permit issued to the liquid wastehauler by the San Bernardino County Department of Environmental Health for transportation and disposal of liquid wastes; and (6) Such other information as may be required by the Director. 2.b Packet Pg. 84 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 49 C. Liquid wastehauler permit conditions may include, but are not limited to, the following: (1) Liquid wastehauler’s obligation to comply with all permit terms and conditions; (2) Liquid wastehauler’s obligation to comply with the terms of Rule and Regulation No. 26; (3) Liquid wastehauler’s obligation to comply with the applicable rules and regulations of the San Bernardino County Health Department regarding cleanliness and sanitary conditions; (4) Restrictions on operating hours for the designated WRP disposal site; (5) The revocation, suspension, or placement on probation of the permit and imposition of other enforcement actions against the liquid wastehauler for violation of the permit terms or conditions, or Rule and Regulation No. 26; (6) Liquid wastehauler record keeping and reporting requirements; (7) Liquid wastehauler obligation to notify the Director immediately of any unusual circumstances observed during liquid waste pumping operations; and (8) Other conditions, limitations or prohibitions as specified by the Director. D. The Director may deny the issuance of a liquid wastehauler permit for any of the following reasons: (1) The applicant misrepresented or knowingly falsified information on the application or any document required by the application; (2) The applicant’s previous liquid wastehauler permit was suspended or otherwise revoked and the condition upon which such action was taken still exists; or (3) The applicant is not current on all disposal and permit related reports and charges. E. In the event a liquid wastehauler permit application is denied, the Director shall notify the applicant in writing of such denial and the appeal procedures. Such notification shall state the grounds for such denial and necessary actions that must be taken by the applicant prior to the issuance of a permit. F. SBMWD issued liquid wastehauler permits shall be valid for a maximum of three (3) years, and the Director may 2.b Packet Pg. 85 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 50 impose additional, or modify or delete permit terms and conditions at any time during the duration of the permit. G. Liquid wastehauler permits are issued for a specific company and/or vehicle and any attempted permit transfer will void the permit. 5.5 Permit Duration Industrial User and liquid wastehauler permits shall be issued for a specified time period, not to exceed three (3) years. 5.6 Duty to Comply All users that have been issued an industrial user or liquid wastehauler permit have a duty to comply with all conditions and limitations in these control documents. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with Rule and Regulation No. 26. 5.7 Permit Renewal All users that have been issued an industrial user or liquid wastehauler permit have a duty to comply with all conditions and limitations in these control documents. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with Rule and Regulation No. 26. 5.8 Permit Modifications A. The terms and conditions of the industrial user or liquid wastehauler permit shall be subject to modification during the term of the permit for reasons specified by the Director, including the following: (1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements; (2) To address significant alterations or modifications to the user’s operation, processes, or wastewater volume or character since the time of the permit issuance; (3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the permitted discharge; 2.b Packet Pg. 86 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 51 (4) The permitted wastewater discharge poses a threat to the POTW, SBMWD or City personnel, residents, or receiving waters; (5) Violation of any term or condition of the user’s permit; (6) Misrepresentations or failure to fully disclose all relevant facts in the user’s permit application or in any required reporting; or (7) To correct typographical or other errors in the user’s permit; or B. When possible, the SBMWD shall notify the user of any proposed permit changes at least thirty (30) days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance. 5.9 Permit Transfer Each industrial user and liquid wastehauler permit is issued to a specific user for a specific operation for a specified time. Any assignment, transfer or sale of an industrial user or liquid wastehauler permit to a new owner, new user, different premises, or different use is prohibited and is a violation of Rule and Regulation No. 26. 5.10 Permit Suspension or Revocation The Director may suspend or revoke any industrial user or liquid wastehauler permit if the user is in violation of any provision of Rule and Regulation No. 26 or user permit. These violations include but are not limited to: misrepresentation or falsification of any required information; denial of the SBMWD right to entry; failure to re-apply for a permit or request a required permit modification; failure to pay required permit fees or charges; or any discharges in violation of Rule and Regulation No. 26. The Director may suspend or revoke the industrial user or liquid wastehauler permit upon a minimum notice of fifteen (15) calendar days when the Director finds the user violated any provision of Rule and Regulation No. 26 or user permit. The permit suspension or revocation will result in them immediate suspension of all discharge rights and privileges as specified in Rule and Regulation No. 26 Section 6.8. All costs associated with the permit suspension or revocation, and any reissuance of the permit, shall be paid by the user. 2.b Packet Pg. 87 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 52 6.0 ENFORCEMENT NOTICES 6.1 Enforcement Response Plan (ERP) The City shall adopt an Enforcement Response Plan (ERP), as required by 40 CFR 403.8(f)(5)(i-vii), and delegate authority to the Water Board to enforce the ERP. The ERP is incorporated as Exhibit A to Rule and Regulation 26 and is used to guide the SBMWD in imposing progressive enforcement actions against users in noncompliance with Rule and Regulation No. 26. 6.2 Administrative Violations There is hereby established a class of violations to be known as Administrative Violations that are further subdivided into minor and major administrative violations as follows: A. Minor Administrative Violations include, but are not limited to, the following: (1) Submission of incomplete reports or questionnaires; (2) Failure to submit required reports or correspondence by the scheduled due date; (3) Failure to submit a compliance report by the due date specified without prior notification to the SBMWD; (4) Failure to conduct required monitoring; (5) Failure to notify the Director of a violation of a permit condition within twenty-four (24) hours after discovery of the violation; or (6) Failure to pay any required fees, penalties and charges within thirty (30) calendar days from the due date. B. Major Administrative Violations include, but are not limited to, the following: (1) Failure to notify the Director of a slug discharge immediately after discovery of said discharge; (2) Failure to submit required reports or correspondence within thirty (30) days after the original due date; (3) Failure to submit a compliance report within thirty (30) days after the original due date; (4) Falsification of documents or attempting to mislead SBMWD officials; (5) Failure to cooperate with SBMWD officials exercising their authority under Rule and 2.b Packet Pg. 88 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 53 Regulation No. 26, including monitoring and inspection activities; (6) A pattern of minor administrative violations; (7) Failure to provide the SBMWD with access to the user’s premises for the purpose of inspection, monitoring, or sampling; (8) Failure to produce records as required; (9) Failure to accurately report noncompliance; (10) Failure to submit required reports (self- monitoring, one hundred eighty (180) day baseline monitoring report, ninety (90)-day compliance report, Compliance Schedule progress reports) or submitting such reports more than thirty (30) calendar days late; (11) Failure to pay charges pursuant to Rule and Regulation No. 26 Section 7.1 Establishment of Charges and Fees, permit application fees, permit renewal fees, and Civil Penalties within sixty (60) calendar days after the due date; or (12) Failure to pay all other required fees, penalties, and charges within sixty (60) calendar days after the due date. C. Upon notice of appropriate mitigating circumstances and consistent with applicable federal and state laws, the Director has sole discretion to treat a major administrative violation as a minor administrative violation, or a pattern of minor administrative violations with aggravating circumstances as an individual major administrative violation. 6.3 Discharge Violations A. There is hereby established a class of violations to be known as Discharge Violations that are further subdivided into minor and major discharge violations as follows: (1) Minor discharge violations are those that the Director has determined, either alone or in combination with other discharge violations; pose no significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees. (2) Major discharge violations include, but are not limited to, the following: a. Violation(s) which result in Significant Noncompliance; 2.b Packet Pg. 89 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 54 b. Discharge violations which, either alone or in combination with other discharge violations; pose a significant threat to the operation of the WRP, the environment, or the health and safety of the general public or SBMWD and City employees, or cause or contribute to additional treatment costs incurred by the SBMWD or a violation of the NPDES permit(s), or cause or contribute to pass through, interference, or other known damages; c. Discharging regulated pollutants to the POTW without a current discharge permit; d. A pattern of minor discharge violations; e. Failure to correct a minor discharge violation within a specific time period as specified by the Director; f. Tampering with or purposely rendering inaccurate any monitoring device, method or record required to be maintained by the SBMWD or the User; g. Intentional discharge of a prohibited waste by a liquid wastehauler into the POTW; or h. Wastewater discharge without a valid industrial user or liquid wastehauler permit after notification. B. Upon notice of appropriate mitigating circumstances, the Director has sole discretion to treat a major discharge violation as a minor discharge violation. The Director also has sole discretion to treat a pattern of minor discharge violations with aggravating circumstances as an individual major discharge violation. 6.4 Liquid Wastehauler Violations A. Upon the Director’s determination of a violation of Rule and Regulation No. 26, the liquid wastehauler may be issued a Notice of Rejection subject to the enforcement actions set forth in Rule and Regulation No. 26, the Enforcement Response Plan, and the liquid wastehauler permit as necessary to protect the WRP and RIX, the public, the environment or SBMWD and City employees. B. All liquid wastehauler permits issued to any person may be revoked, suspended or placed on probation up to 2.b Packet Pg. 90 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 55 one (1) year upon a finding by the Director that any of the following facts exist: (1) Such person or representative thereof failed to display any permit or discharge authorization document upon request by an authorized representative of the SBMWD; (2) Such person or representative thereof has changed, altered or otherwise modified the face of a permit or discharge authorization document without the permission of the Director; (3) Such person or representative thereof has violated any condition of the permit; (4) Such person or representative thereof has falsified any application, liquid waste manifest, record, report, monitoring results, or any other information required to be maintained by the Director, has failed to make them immediately available to the Director upon request, or has withheld required information; (5) Such person or representative thereof failed to immediately cease the discharge from his or her truck into the designated WRP disposal site upon order of any authorized SBMWD employee; (6) Such person or representative thereof discharged or attempted to discharge hazardous waste into the designated disposal site; (7) Such person or representative thereof discharged or attempted to discharge industrial waste into the designated disposal site; (8) Such person or representative thereof has discharged or attempted to discharge waste to the designated WRP disposal site, that has been previously rejected by another regulatory agency, municipality, or entity having authority to grant permission for the disposal of the waste, without prior notification to the Director of the rejected status of the waste; (9) Such person or representative thereof has physically harmed any SBMWD employee; or (10) Such person or representative thereof has made threatening remarks or threatening acts toward any SBMWD employee. C. Any liquid wastehauler permit which has been revoked, suspended or placed on probation pursuant to this Section may be reinstated upon a finding by the Director 2.b Packet Pg. 91 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 56 that the condition which caused the revocation, suspension or probation no longer exists. D. Any authorized SBMWD employee shall have the authority to order the immediate cessation of the discharge from any liquid wastehauler vehicle into the designated WRP disposal site. Such order shall be based on the employee’s best professional judgment that said discharge may be in violation of any applicable condition of Rule and Regulation No. 26 or may otherwise harm or threaten to harm the operation of the WRP or RIX, the environment, SBMWD and City employees, and the general public. 6.5 Unclassified Violations For any violation by any user that is not classified herein, or for the violation of any rule or regulation promulgated hereunder, the Director shall have the discretion to treat such violation as a minor or major violation and to exercise enforcement authority accordingly. In exercising this enforcement authority, the Director shall consider the magnitude of the violation, its duration, and its effect on receiving waters, the POTW, the WRP sludge, the health and safety of SBMWD and City employees, contractors, users, and the general public. The Director shall also evaluate the user’s compliance history, good faith, and any other factors the Director deems relevant. 6.6 Public Nuisance Any user found to be in violation of Rule and Regulation No. 26, user permit, or any administrative order issued pursuant to Rule and Regulation No. 26 shall be declared a public nuisance and shall be guilty of a misdemeanor. 6.7 Administrative Orders The Director may require compliance with Rule and Regulation No. 26 and any permit or order issued under Rule and Regulation No. 26, by issuing Administrative Orders that are enforceable in a court of law, or by directly seeking court action. The Director may use Administrative Orders, either individually, sequentially, concurrently, or in any 2.b Packet Pg. 92 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 57 order for one or more violations as appropriate for the circumstances. Administrative Orders include: A. NOTICE OF NONCOMPLIANCE (NNC): A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, any minor violations discovered during an inspection, or the user’s permit or Rule and Regulation No. 26. The time frame required for the NNC to be corrected is normally seven (7) to fourteen ((14) days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user with a submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of “good faith” by the user. “Good Faith” shall be defined as the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. VERBAL NOTICE (VN): A Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, telefax, or personal visit and shall be completed within five (5) days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. C. WARNING NOTICE (WN): A Warning Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within five (5) days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user with a written receipt of delivery. 2.b Packet Pg. 93 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 58 D. NONCOMPLIANCE MONITORING PROGRAM (NMP): A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The time frame required for the NMP response is normally seven (7) to fourteen (14) days, in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. The NMP shall be hand delivered or delivered certified mail with a written receipt of delivery. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E. NOTICE OF VIOLATION (NOV): A Notice of Violation shall be issued to a user for any repeat pollutant violations, any violations which result in Significant Noncompliance, or any major violations discovered during an inspection, the user’s permit or Rule and Regulation No. 26. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally seven (7) to fourteen (14) days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered or delivered certified mail with a written receipt of 2.b Packet Pg. 94 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 59 delivery. The NOV shall include a one hundred dollar ($100.00) penalty fee. F. STOP WORK ORDER (SWO): A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of Rule and Regulation No. 26 related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection. A copy of the SWO is either submitted to the user at the conclusion of the inspection or mailed to the user with a written receipt of delivery. The SWO shall include a one hundred dollar ($100.00) penalty fee. G. VIOLATION MEETING ORDER (VMO): A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall be hand delivered or delivered certified mail with a written receipt of delivery. The VMO shall include a one hundred dollar ($100.00) penalty fee. H. CEASE AND DESIST ORDER (CDO): A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or RuleRule and Regulation No. 26, industrial user permit, or any order issued under RuleRule and Regulation No. 26, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the public. A CDO may also be issued to a user who is discharging industrial wastewater to the 2.b Packet Pg. 95 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 60 POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user’s permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The cease and desist order shall include the provision violated and the facts constituting the violation. The CDO shall be hand delivered or delivered certified mail with a written receipt of delivery. The CDO shall include a two hundred fifty dollar ($250.00) penalty fee. I. CONSENT ORDER (CONS): A Consent Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Rule and Regulation No. 26, industrial user permit, or any order issued under Rule and Regulation No. 26. The CONS is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written agreement developed jointly between the City and the user with individual milestones, specific actions submitted by the user, or other remedies used to gain. compliance with the violation(s). The CONS shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine (9) months in length. The CONS shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every thirty (30) days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The CONS shall include a five hundred dollar ($500.00) penalty fee. J. COMPLIANCE ORDER (COMP): A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in Rule and Regulation No. 26, industrial user permit, or any order issued under Rule and Regulation No. 26. The COMP is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has 2.b Packet Pg. 96 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 61 exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other remedies to gain compliance with the violation(s). The COMP shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine (9) months in length. The COMP shall be hand delivered or delivered certified mail with a written receipt of delivery. The user is required to submit written progress reports to the SBMWD every thirty (30) days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a five hundred dollar ($500.00) penalty fee. K. SHOW CAUSE ORDER (SHOW): A Show Cause Order shall be issued to a user who is in violation of Rule and Regulation No. 26, user permit, or any order issued under Rule and Regulation No. 26, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen (15) calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any witnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a 2.b Packet Pg. 97 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 62 subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a one thousand dollar ($1,000.00) penalty fee. L. PROBATION ORDER (PO): A Probation Order may be issued to any user for any repeat violations of Rule and Regulation No. 26.26. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PO shall include a one hundred dollar ($100.00) penalty fee M. PERMIT REVOCATION ORDER (PRO): A Permit Revocation Order may be issued to any user who has not complied with the requirements contained in any enforcement action. The permit revocation requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. The permit revocation requires the user to demonstrate continued compliance prior to the re-issuance of permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO shall be hand delivered or delivered certified mail with a written receipt of delivery. The PRO shall include a one hundred dollar ($100.00) penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. 2.b Packet Pg. 98 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 63 6.8 Sewer Suspension Order (SUSP) A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Permit Revocation Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Rule and Regulation No. 26 or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the discharge of all wastewater to the POTW, as specified by the Director. The SUSP will result in the immediate revocation of the user's permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in Rule and Regulation No. 26 Section 6.9 Sewer Order Termination (TERM). As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects of the SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Rule and Regulation requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a five hundred dollar ($500.00) penalty fee and the user shall be responsible for all costs associated with the SUSP and re-issuance of the permit. 6.9 Sewer Termination Order (TERM) A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a Sewer Suspension Order, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an 2.b Packet Pg. 99 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 64 imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of Rule and Regulation No. 26 or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other federal or state law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user’s permit and the immediate severance of the user’s sewer connection and/or the termination of water service. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the TERM. The General Manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and Rule and Regulation requirements. The TERM shall include a one thousand dollar ($1,000.00) penalty fee and the user shall be responsible for all costs associated with the TERM, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit. 6.10 Civil Penalties (CIV) A Civil Penalty may be issued to any user in violation of the user’s permit, any provision of Rule and Regulation No. 26, administrative order, or has failed to comply with the requirements or conditions specified in previous enforcement action. The CIV shall be issued by the City Attorney and shall include all penalties authorized in this Section. The user shall be responsible for all costs associated with the violation(s); including: reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses. A. AUTHORITY: All users of the POTW are subject to enforcement actions administratively or judicially by the City, United States Environmental Protection Agency, State of California Regional Water Quality Board, or the 2.b Packet Pg. 100 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 65 County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 USCA Section 1251 et seq.); (2) California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conversation and Recovery Act of 1976 (42 USCA Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740. B. RECOVERY OF FINES OR PENALTIES: In the event the City is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of Rule and Regulation No. 26, the user’s permit, any prohibition, effluent limit, or an administrative order issued pursuant to Rule and Regulation No. 26; the City shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user. C. REGULATION: Pursuant to the Authority of California Government Code Sections 54739-54740, any person who violates any provision of Rule and Regulation No. 26; the user’s permit, any prohibition, effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of Rule and Regulation No. 26, the user’s permit, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to federal and/or state legislative authorization. 2.b Packet Pg. 101 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 66 D. ADMINISTRATIVE CIVIL PENALTIES: (1) Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: a. any provision of Rule and Regulation No. 26; b. any permit condition, prohibition, or effluent limit; or c. any suspension or revocation order. (2) The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City’s requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. (3) At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the counsel for the City. (4) After the conclusion of the hearing, the General Manager shall prepare a written report which includes a statement of the facts found to be true, a determination of the issues presented, and conclusions. If the General Manager’s designee conducts the hearing, the designee shall prepare and submit the written report to the General Manager. (5) Upon preparation of the written report, the General Manager shall make his determination, and should he find that the grounds exist for assessment of a civil penalty against the user, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing. (6) If after the hearing or appeal, if any, it is found that the user has violated reporting or discharge 2.b Packet Pg. 102 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 67 requirements, the General Manager or Board may assess a civil penalty against that user. In determining the amount of the civil penalty, the General Manager or Board may consider all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non- compliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any corrective action attempted by the user. (7) Civil penalties may be assessed as follows: a. In an amount of at least one thousand dollars ($1,000.00) a day for each violation by Industrial Users of Pretreatment Standards and Requirements. b. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; c. In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the SBMWD; d. In an amount which shall not exceed five thousand dollars ($5,000.00) for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the SBMWD; e. In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the SBMWD. (8) In determining the amount of such penalties, damages and costs, all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through a user’s violation, corrective actions by a user, the compliance history of the user, good faith efforts to restore compliance, threat to human health, to the environment and to the POTW. (9) An order assessing administrative civil penalties issued by the SBMWD shall be final in all respects 2.b Packet Pg. 103 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 68 on the thirty-first (31st) day after it is delivered to the user unless a notice of appeal is filed with the Board pursuant to Rule and Regulation No. 26 Subsection 6.15 Written Appeals no later than the thirtieth (30th) day following delivery of the notice. An order assessing administrative penalties issued by the Board shall be final. (10) Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint. (11) Payment of the administrative civil penalties shall be made within thirty (30) days of the date the administrative order becomes final. A lien shall be placed against the user's real property for any outstanding penalties which remain delinquent sixty (60) days. The lien shall not be in effect until recorded with the county recorder. The SBMWD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the administrative order becomes final. (12) No administrative civil penalties shall be recoverable under Rule and Regulation No. 26 Subsection 6.10 Part D Administrative Civil Penalties for any violation which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 6.11 Criminal Penalties (CRIM) A Criminal Penalty may be issued to any user in violation of the user’s permit, Rule and Regulation No. 26, or an enforcement action issued by the Director or has failed to comply with the requirements or conditions specified in previous enforcement action. A Criminal Penalty may also be issued to any user that willfully or knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to Rule and Regulation No. 26 or the user’s permit, or which falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under Rule and Regulation No. 26. The CRIM shall be issued by the City Attorney or County District Attorney and shall include all penalties authorized in this Section. The penalties shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, and any relevant State laws. The user 2.b Packet Pg. 104 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 69 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least one thousand dollars ($1,000.00) per day for each violation by Industrial Users of Pretreatment Standards and Requirements or imprisonment for not more than six (6) months, or both, per violation per day. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251 et seq. and amendments thereto, and shall apply to the exclusion of any other more lenient provision of Rule and Regulation No. 26. A user shall be guilty of a separate violation for each day a violation of any provision of Rule and Regulation No. 26 or user’s permit is committed or continued by such user. 6.12 Remedies Nonexclusive The enforcement actions for Rule and Regulation No. 26 are not exclusive. The General Manager may take any, all, or any combination of the enforcement responses against a user who is determined to be in noncompliance with conditions and requirements specified in Rule and Regulation No. 26, user’s permit, or discharge limits. 6.13 Damage to POTW Operation A. Any user who discharges any wastewater which causes or contributes to any obstruction, interference, damage, or any other impairment to the operation of the POTW shall be liable for all costs required to resume normal operations of the POTW. B. Any user who discharges any wastewater which causes or contributes to the SBMWD violating any limitation, condition or requirement of its NPDES permit or any other discharge requirement established by any regulatory agency which incurs additional expenses, losses or damage to the POTW, shall be liable for any fines, penalties, fees or assessments imposed on the SBMWD by other regulatory agencies or the courts. 6.14 Legal Action If any user violates or has the reasonable potential to violate any provision of its Wastewater Discharge Permit, this Rule and Regulation, Federal or State Pretreatment Standards or Requirements, or any administrative order issued pursuant to this Rule and Regulation, the City Attorney may petition a court of competent jurisdiction for appropriate 2.b Packet Pg. 105 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 70 legal, equitable or injunctive relief including, but not limited to, issuance of a temporary restraining order, preliminary injunction, permanent injunction, and/or any other relief that may be appropriate to restrain the continued violation or prevent threatened violations by the User. In addition to the penalties provided herein, the Director may recover reasonable attorney fees, court costs, court reporter’s fees, and other expenses of litigation by appropriate suit of law against the Person found to have violated any of the provisions of this Rule and Regulation or the orders, rules, regulations, and Permits issued thereunder. 6.15 Written Appeals A. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Rule and Regulation No. 26 or user’s permit, may file with the Director a written appeal requesting reconsideration of such decision, order or enforcement action within ten (10) calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. The Director shall render a ruling on the request for reconsideration to the user in writing within thirty (30) calendar days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. B. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of Rule and Regulation No. 26 or user’s permit, may file with the General Manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten (10) calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. C. The General Manager shall render a ruling on the request for reconsideration to the user in writing within thirty (30) calendar days from receipt of the appeal. 2.b Packet Pg. 106 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 71 Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. D. If the ruling on the request for reconsideration made by the General Manager is unsatisfactory, the user may, within ten (10) calendar days after receipt of notice of the General Manager’s ruling, file a written appeal with the Board, lodging such appeal with the SBMWD along with an appeals fee of one hundred dollars ($100.00). All requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation, or denial shall be reviewed by the Board. All other hearing requests shall be at the sole discretion of the Board. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the decision, order, or enforcement action. The hearing shall be conducted within sixty (60) calendar days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The Board shall make a ruling on the appeal within sixty (60) calendar days from the date of filing and shall contain the findings of facts regarding the order. E. The SBMWD shall have the burden of proof during these hearings and shall be responsible to submit a preponderance of evidence for all claims. The appellant may submit written evidence during the hearing to support the claims of the appellant. Formal rules of evidence shall not apply in the hearings under this Chapter. Evidence will be admissible if it is relevant and of the sort on which responsible persons are accustomed to rely in conduct of serious affairs. The SBMWD reserves the right to adopt additional procedural guidelines governing the conduct of the hearings. F. The ruling of the Board shall be deemed a final decision, order or action by the SBMWD which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the SBMWD under Rule and Regulation No. 26 without first having exhausted his or her administrative remedies set forth in this Section. 2.b Packet Pg. 107 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 72 6.16 Judicial Review A. PURPOSE AND EFFECT: Pursuant to Section 1094.6 of the California Code of Civil Procedure, the City hereby enacts this Section to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. DEFINITIONS: As used in this Section, the following terms and words shall have the following meanings: (1) Decision shall mean and include adjudicatory administrative decisions that are made after hearing, and after an award of civil penalties pursuant to Rule and Regulation No. 26 Subsection 6.10 Part 4 Administrative Civil Penalties, after revoking, suspending, or denying an application for a Permit or a license, or after other administrative hearings taken to enforce this Chapter. (2) Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the Director, and the final decision, all admitted exhibits, all rejected exhibits in the possession of the City or its officers or agents, all written evidence, and any other papers in the case. C. TIME LIMIT: Except as set forth in Rule and Regulation No. 26 Subsection 6.16 Part G, judicial review of any decision of the City or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is a provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought by the aggrieved party pursuant to such provision, the decision is final for the purposes of this Section on the date that reconsideration is acted upon by the Board, or 2.b Packet Pg. 108 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 73 officer or agent, and written notice thereof is provided. D. PREPARATION OF THE RECORD: The complete record of the proceedings shall be prepared by the City officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefore. The City may recover from the petitioner its actual costs for transcribing and otherwise preparing the record. E. EXTENSION: If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner’s attorney of record, if appropriate. F. NOTICE: In making a final decision, the City shall provide notice to the Person(s) subject to the administrative decision that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. ADMINISTRATIVE CIVIL PENALTIES: Notwithstanding the foregoing in Rule and Regulation No. 26 Subsection 6.16 Judicial Review, and pursuant to Government Code Section 54740.6, judicial review of an order imposing administrative civil penalties pursuant to Rule and Regulation No. 26 Subsection 6.10 Part 4 Administrative Civil Penalties may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Board becomes final. 6.17 Judicial Collection After an enforcement order requiring a monetary assessment has become final, or after a court has entered a final judgment in favor of the City, the General Manager, through the City Attorney, may initiate a civil action, in the appropriate court to recover such amount. Any user who fails to pay the amount of the assessment, by the due date established, shall be required to pay to the City, in addition 2.b Packet Pg. 109 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 74 to the original assessment, all costs associated with recovery of the assessment. These costs may include; City Attorney fees and costs, court filing fees, and process service fees for collection of the assessment. 7.0 CHARGES AND FEES 7.1 Establishment of Charges and Fees The SBMWD is authorized to establish user charges and fees for the equitable distribution of all costs of financing, maintaining, and operating the POTW and developing the necessary reserve funds to ensure the future operation of the POTW. These charges and fees are in accordance with good engineering and fiscal practices and comply with all applicable governmental regulations regarding the operation of the POTW. These fees and charges relate exclusively to matters covered by this Rule and Regulation, the connection and capacity charges in Rule and Regulation No. 25, and related Resolutions adopted by the Board, and are separate from all other fees and charges imposed by the SBMWD. The amount of these charges and fees and method of implementation shall be established by resolution of the Board. 7.2 Recovery of Costs In the event a user fails to comply with any of the terms and conditions of this Rule and Regulation, an administrative order, compliance schedule or a permit issued hereunder, the City shall be entitled to reasonable attorney fees and costs which may be incurred in order to enforce any of the terms and conditions, with or without filing proceedings in court. 7.3 Connection Applications and Fees Rule and Regulation No. 26 addresses special permits for industrial users. Industrial users are also responsible for the application, connection and capacity fees associated with all connections to the Collection System. These fees are addressed in Rule and Regulation 2121. 7.4 Inspection Requirements The Director may inspect as often as deemed necessary every sewer lift station, private sewage disposal system, private sewer lateral, dilution basin, neutralization basin, backwater trap or valve, or other similar appurtenances, for 2.b Packet Pg. 110 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 75 the purpose of ascertaining whether such facilities are maintained and operated in accordance with the SBMWD Rules and Regulations including but not limited to the wastewater discharge permits set forth in Rule and Regulation No. 26. All persons shall permit the Director to have access to all such facilities at all reasonable times. No object, whether a temporary or permanent structure, nor any object which is difficult to remove, shall be placed in such a position so as to interfere with the ready and easy access to any such facility. Any such obstruction, on the request of the Director, shall be immediately removed at no expense to the SBMWD or the City and shall not be replaced. 7.5 Sewer Service Charges A. Monthly sewer service charges for single family and multi- family residences are addressed in Rule and Regulation 21 Sections 2.1 and 2.2 respectively. B. All users that discharge wastewater to the POTW that contains an average of more than 300 mg/L of BOD or TSS or any users that discharge large volumes of wastewater, as determined by the Director, shall be designated “industrial rate users” and shall pay monthly sewer service fees based on the industrial rate established by resolution of the Board. Unless otherwise approved by the Director, all Industrial Rate monitoring shall consist of individual twenty-four (24) hour composite samples collected over three consecutive production days during the first month of the quarterly monitoring cycle, or as otherwise approved by the Director. The sample analysis are averaged together to determine the BOD and TSS for each billing cycle. Monthly flow discharge rates are used to calculate the amount of BOD and TSS discharged to the POTW each month. All self monitoring completed for Industrial Rate billing must be approved by the Director and will be averaged with the data collected from SBMWD monitoring for the months remaining in the quarterly monitoring cycle. The industrial sewer rates shall be based upon total volume of wastewater discharged and the SBMWD costs for providing services and treatment for the pounds of BOD, and TSS discharged. 7.6 Permit Charges and Fees All users shall be required to pay a permit fee based on the designated class of permit issued to the user. The permit fee shall include charges for the issuance of the user’s permit 2.b Packet Pg. 111 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 26 WASTEWATER FACILITIES AND NON-DOMESTIC DISCHARGE PERMITS Page 76 as established by resolution of the Board for the specific class of user. 7.7 Monitoring and Inspection Charges and Fees All users shall be charged additional monitoring and/or inspection fees, as established by resolution of the Board, for all routine and supplemental activities completed by the SBMWD which are necessary to verify compliance with Rule and Regulation No. 26, user’s permit, applicable discharge limits, or any other related proceedings completed by the SBMWD. 2.b Packet Pg. 112 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ENVIRONMENTAL CONTROL SECTION ENFORCEMENT RESPONSE PLAN Date: EXHIBIT A 2.b Packet Pg. 113 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 1 TABLE OF CONTENTS I. INTRODUCTION 3 II. DEFINITIONS 4 III ENFORCEMENT PROCEDURES 9 1. ENFORCEMENT RESPONSES 9 2. DETERMINING FACTORS 19 3. ENFORCEMENT VIOLATION GUIDE 20 2.b Packet Pg. 114 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 2 I. INTRODUCTION On July 24, 1990 (55 Fed. Reg. 30082), the Environmental Protection Agency (EPA) promulgated regulations in 40 CFR 403.8(f)(5) which require all Publicly Owned Treatment Works (POTWs) to adopt an Enforcement Response Plan (ERP) as part of their approved pretreatment program. The ERP is required to include the necessary procedures to promptly and objectively identify, document, track, and respond to all violations of Federal, State and Local pretreatment regulations. The regulations specified in 40 CFR 403.8(f)(5) specifically require the POTW to develop and implement an enforcement response plan. This plan is required to contain procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum, include methods to: 1. Describe how the POTW will investigate instances of noncompliance; 2. Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place; 3. Identify (by title) the official(s) responsible for each type of response; 4. Adequately reflect the POTWs primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8(f)(1) and (f)(2). The City of San Bernardino Municipal Water Department (SBMWD) pretreatment program is administered by the Environmental Control Section (EC Section). The EC Section is responsible for the development and implementation of the required ERP. The EC Section is granted legal authority under 40 CFR 403, SBMWD National Pollutant Discharge Elimination System (NPDES) permit (No. CA0105392), SBMWD Rules and Regulations and accompanying resolutions to enforce the requirements specified in the ERP. All enforcement actions are progressive in nature and will escalate commensurate with the violation and response from the industrial user (IU). The ERP is to be used as a reference to assist the EC Section with the appropriate level of enforcement response for similar violations. The ERP is not designed to be all inclusive and as such does not include every possible violation or corrective action(s) for the included violations. The purpose of the ERP in general, is to be flexible while being consistent in the implementation of the enforcement measures issued to noncompliant users. The EC Section reserves the right to initiate enforcement action at any level deemed necessary to protect the operation of the POTW, the safety of the SBMWD employees and to expedite compliance from the user. Assistance in the preparation of major violation enforcement responses is provided by the San Bernardino City Attorney and/or the San Bernardino County District Attorney’s Office. II. DEFINITIONS 2.b Packet Pg. 115 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 3 Unless otherwise defined herein, definitions of terms related to the Pretreatment Program, Industrial User Permits and this Enforcement Response Plan shall be those set forth in the SBMWD Rules and Regulations regulating the discharge of wastes into the sewer system of the City of San Bernardino. 1. Administrative Order (AO) means an enforcement action authorized by SBMWD Rules and Regulations, which directs industrial users to undertake corrective actions or cease specified activities to correct violations. 2. Categorical Industrial User shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.C. Sec. 1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto. 33. City shall mean the City of San Bernardino, acting through the elected officials and authorized representatives. 44. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent rules published in the United States Federal Register by the Executive departments and agencies of the Federal Government, including the Environmental Protection Agency. 55. Collection System shall mean all pipes, sewers and conveyance systems carrying wastewater to the Water Reclamation Plant (WRP), owned and maintained by the City and/or by tributary Service Areas contracting with the City for sewer service, excluding sewer service lateral line connections. 66. Compliance Order shall mean a time schedule issued to an IU by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or SBMWD Rules and Regulations. 77. Consent Order shall mean a time schedule agreed upon between the SBMWD and an IU which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or SBMWD Rules and Regulations. 88. Control Authority shall mean the City of San Bernardino Environmental Control Section. 99. Dilution shall mean the increase in use of water, wastewater or any means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements. 100. Director shall mean the Director of the WRP or an authorized representative, deputy, or agent appointed by the WRP Director. 111. Discharge Requirements shall mean the specific numerical limits, prohibitions, and reporting requirements contained in an IU’s permit and SBMWD Rules and Regulations. 2.b Packet Pg. 116 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 4 122. Enforcement Violation Guide shall mean the current methods as outlined in the SBMWD Enforcement Response Plan and utilized by the Environmental Control Section to gain compliance from user’s for violations of wastewater discharge, permit conditions, or SBMWD Rules and Regulations. 133. Environmental Control Assistant (ECA) shall mean the entry level position with the Environmental Control Section who is primarily responsible for Class 2 and 3 level inspections and monitoring. 144. Environmental Control Officer (ECO) shall mean the supervisory position with the Environmental Control Section who is responsible for the development and implementation of the policies and procedures of the Environmental Control Section. 155. Environmental Control Technician (ECT) shall mean the journey level position with the Environmental Control Section who is primarily responsible for Class 1 Significant Industrial User (SIU) level inspections, permitting, plan check, and associated activities. 166. 40 CFR shall mean Title 40 of the Code of Federal Regulations relating to the protection of the environment. 177. Industrial User shall mean all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater and waterborne waste into the POTW. 188. Industrial Wastewater shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the Director. 1919. Major Violation shall mean those violations which involve the issuance of a Notice of Violation, an Administrative Order, Civil/Criminal Penalties, Permit Suspension or Revocation, Termination of Water/Sewer Service, or any violation which results in Significant Noncompliance. 200. May shall mean permissive. 211. Minor Violation shall mean those violations which involve the issuance of a Notice of Noncompliance or a Warning Notice. 222. Pass-Through shall mean any discharge which exits the WRP into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. 233. Person shall mean any individual, firm, company, association, society, general or limited 2.b Packet Pg. 117 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 5 partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. 244. Pollutant shall mean any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. 255. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharge of the wastewater into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution. 266. Pretreatment Equipment shall mean any structures, equipment, devices or processes for the reduction, elimination, or alteration of pollutants and/or flow control of wastewater prior to discharge to a collection system. 277. POTW shall mean the Publicly Owned Treatment Works and shall include the City’s collection system, the collection system of contract cities, and the SBMWD Water Reclamation Plant. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal sewage, sludge, or industrial wastewater, except sewer service lateral line connections. 288. Prohibited Waste Discharges shall mean all discharges specified in SBMWD Rules and Regulations which are prohibited from being discharged to the POTW. 2929. SBMWD WRP shall mean the San Bernardino Municipal Water Department Water Reclamation Plant and includes that portion of the City's POTW which is designated to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. 300. Shall means mandatory. 311. Significant Industrial User (SIU) shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and amendments thereto, or any user that meets any of the following conditions: A. Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); B. A process wastestream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or C. Is designated by the Director on the basis that the user has a reasonable potential 2.b Packet Pg. 118 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 6 for adversely affecting the POTW or for violating any pretreatment standard or requirement. 322. Significant Non-Compliance (SNC) shall mean any compliance violation that meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant; B. Technical Review Criteria (TRC) violations, which are defined as those in which thirty-three percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in an Administrative Order, for starting construction, completing construction, or attaining final compliance; F. Failure to provide, within forty-five (45) days of the date, any required reports such as baseline monitoring reports, ninety day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to pay, within thirty days, all applicable industrial user application, permit, and enforcement penalty fees. H. Failure to accurately report non-compliance; or I. Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. 333. Spill Containment shall mean a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw materials, waste materials, chemicals, or finished products to the Storm Drain or POTW. 344. Unauthorized or Unpermitted Discharge shall mean any discharge of wastewater from 2.b Packet Pg. 119 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 7 a user who has not received the required permit authorizing the discharge of wastewater to the POTW. 355. User shall mean any person, public or private, residential, industrial, commercial, governmental, educational, or institutional which discharges or causes to be discharged, wastewater into the POTW or contracted service area. 366. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material. 377. Wastewater shall mean the liquid and water carried domestic waste or non domestic waste from residential, commercial, industrial, governmental, educational, or institutional facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. 3838. Waste Minimization shall mean a written summary of practices and site-specific technical and economic information used for selecting appropriate techniques to reduce the production of wastes. 2.b Packet Pg. 120 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 8 III. ENFORCEMENT PROCEDURES 1. ENFORCEMENT RESPONSES The SBMWD utilizes a number of different enforcement responses, codified in San Bernardino Municipal Water Department Rules and Regulations in response to Industrial Users which are in violation of Federal, State, and local pretreatment regulations. The enforcement responses are progressive in nature and are designed to escalate based on the frequency or magnitude of the specific violation. The following summary identifies the individual enforcement responses which are used by the SBMWD. A. Notice of Noncompliance (NNC) A Notice of Noncompliance shall be issued to a user for any initial pollutant violations, any minor violations discovered during an inspection, and/or violations of the user’s permit or SBMWD Rules and Regulations. The timeframe required for the NNC to be corrected is normally 7-14 days. A copy of the NNC is either submitted to the user at the conclusion of the inspection or mailed to the user. The NNC shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). A compliance time extension or series of time extensions may be granted, at the discretion of the Director, to a user who fails to correct a minor violation required by a NNC, upon a showing of “Good Faith” by the user. “Good Faith” shall be defined as the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. B. Verbal Notice (VN) Verbal Notice shall be used to notify a user that required correspondence, monitoring data, or any other type of required report has not been received by the required compliance date. The VN shall be completed through a phone call, telefax, or personal visit and shall be completed within five days after the original compliance date. All VN issued to an SIU shall be documented with a written memo to the SIU file. C. Warning Notice (WN) A Warning Notice shall be issued to a user when compliance has not been achieved by the original due date specified in the NNC issued to the user. The WN shall be issued within 5 days after the original or extended due date and shall state the provision(s) violated and the facts alleged to constitute the violation. The WN will also inform the user that additional enforcement action, including the issuance of a Notice of Violation and monetary penalties will be issued to the user if compliance is not achieved by the date specified. A WN shall be documented in a written inspection report at the time of the follow up inspection or mailed to the user following proper notification of the NNC. 2.b Packet Pg. 121 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 9 D. Noncompliance Monitoring Program (NMP) A Noncompliance Monitoring Program (NMP) shall be issued to a user when analysis results from consecutive samples indicate violations for the same pollutant. The timeframe required for the NMP response is normally 7 to 14 days in addition to specific due dates for the submittal of all required sample monitoring reports. The NMP requires the user to collect a representative wastewater sample from the designated sample location at a frequency determined by the Director. The samples are to be analyzed for all pollutants which were determined to be in violation of discharge limits. The user shall be responsible for all costs associated with the NMP. Production information, including daily flow meter records shall be submitted for each sample, as required by the Director. Continued noncompliance may result in escalated enforcement action and additional monitoring requirements as specified by the Director. E. Notice of Violation (NOV) A Notice of Violation shall be issued to a user for any repeat pollutant violations, any violations which result in Significant Noncompliance, or any major violations discovered during an inspection, the users permit or SBMWD Rules and Regulations. A Notice of Violation is also issued to a user who has not complied with the requirements contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The timeframe required for the NOV to be corrected is normally 7-14 days. The NOV shall state the provision(s) violated and the facts alleged to constitute the violation, and may include proposed compliance measures or additional monitoring which may be required. The NOV will also inform the user that additional enforcement action, up to and including suspension or termination of sewer service will be issued to the user if compliance is not achieved. The NOV shall require the user to correct the violation or submit a written response of the violation(s) and a plan for immediate compliance or actions to comply with the specified violation(s). Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV shall be hand delivered to the user with a written receipt of delivery. The NOV shall include a $100 penalty fee. F. Stop Work Order (SWO) A Stop Work Order shall be issued to a user to stop any new construction, tenant improvements, alterations, or additions, when the user has not received all necessary City permits, has initiated work without written approval of the Director, or violations of SBMWD Rules and Regulations related to the building activity have been discovered at the site. The SWO requires the user to cease all building activity until the user has achieved compliance with the conditions specified in the SWO and received authorization from the Director to resume building activity. The SWO shall be documented in a written inspection report completed during the onsite inspection or hand delivered to the user. The SWO shall include a $100 penalty fee. G. Violation Meeting Order (VMO) A Violation Meeting Order shall be issued to a user who has failed to achieve compliance after the issuance of an NOV, or at the conclusion of an NMP that has 2.b Packet Pg. 122 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 10 resulted in Significant Noncompliance. A VMO is an informal meeting between the user and the Environmental Control Section and is intended for the user to propose possible corrective actions and request time extensions to comply with the NOV. The VMO is also used by the user to demonstrate good faith efforts towards achieving compliance. The VMO may also be used by the City to draft a consent order or compliance order, or for the user to draft a compliance schedule, or file an appeal. The VMO shall include a $100 penalty fee. H. Cease and Desist Order (CDO) A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations, which is determined to pose an immediate threat to the POTW, SBMWD personnel, environment or the general public. A CDO may also be issued to a user who is discharging industrial wastewater to the POTW without a valid industrial user permit. The CDO may result in the immediate revocation of the user’s permit and shall require the user to take such appropriate remedial or preventive action as determined by the Director to gain immediate compliance and eliminate the threat, including halting operations and terminating the discharge to the POTW. The CDO shall include a $250 penalty fee. I. Consent Order (CONS) A Consent Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations. The CONS is routinely developed as a result of information collected during the VMO between the SBMWD and a user who has exhibited a willingness to comply. The CONS is a written agreement developed jointly between the City and the user with individual milestones, specific actions submitted by the user, or other remedies used to gain compliance with the violation(s). The CONS shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The CONS shall include a $500 penalty fee. J. Compliance Order (COMP) A Compliance Order shall be issued to a user after an NOV has failed to achieve compliance with the requirements specified in SBMWD Rules and Regulations, industrial user permit, or any order issued under SBMWD Rules and Regulations. The COMP is routinely developed as a result of information collected during the VM between the SBMWD and a user who has exhibited a lack of cooperation and is unwilling to comply. The COMP is used to compel uncooperative users to achieve compliance and shall be developed by the SBMWD with no input from the user. The COMP is a compliance schedule with individual milestones developed by the SBMWD which requires the user to complete specific actions, or other 2.b Packet Pg. 123 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 11 remedies to gain compliance with the violation(s). The COMP shall specify the provisions violated and the facts constituting the violation(s), and shall require adequate treatment facilities, devices, or other pretreatment technology be installed and properly operated by the user to achieve and maintain compliance. No individual milestone, including milestone extensions is permitted to exceed nine months in length. The user is required to submit written progress reports to the SBMWD every 30 days, as scheduled by the Director, to accurately document the current status of the project and to maintain the required schedule. The COMP shall include a $500 penalty fee. K. Show Cause Order (SHOW) A Show Cause Order shall be issued to a user who is in violation of SBMWD Rules and Regulations, user permit, or any order issued under SBMWD Rules and Regulations, and has failed to achieve compliance with previous enforcement actions. The SHOW shall be served on the user specifying the time and place for the hearing; the proposed enforcement action and the reasons for such action, including any alleged violation(s) and the facts constituting the violation. The SHOW allows the user an opportunity to show why Civil and/or Criminal Action should not be brought against the user for failure to comply with previous enforcement actions. The SHOW notice shall be served upon the user personally or by certified mail at least fifteen calendar days prior to the hearing; unless the user requests an earlier date for the hearing. The Director shall permit the alleged violating user to respond to the notice and order, to present evidence and argument on all relevant issues, and to conduct cross-examination of any witnesses necessary for the full disclosure of the facts. The Director may request the attendance and testimony of witnesses and the production of evidence relevant to any matter, and may seek the issuance of a subpoena from the presiding court for the presence of prospective witnesses. The testimony taken shall be under oath and recorded, with a transcript prepared and provided to any person upon payment of the usual charges for such transcript. Attendees at the Show Cause Hearing may include; a representative from the City Attorney's Office, the SBMWD General Manager, the SBMWD WRP Director, and the SBMWD Environmental Control Officer. Prior to the issuance of a SHOW, representatives from the City and SBMWD shall review the case to determine possible compliance measures. Upon review of the findings of fact, the Director or his designee shall make a final decision which shall be served upon the user. The SBMWD may immediately impose an enforcement action after the hearing whether or not a duly notified user appears as required. The SHOW shall include a $1,000 penalty fee. L. Probation Order (PO) A Probation Order may be issued to any user for any repeat pollutant or Ordinance violations. The PO shall require the user to conduct repeated monitoring, as determined by the Director, submit recurring documentation as required by the Director, or complete any other actions the Director deems necessary to affirm the continued compliance of the user. The PO shall include a $100 penalty fee. M. Permit Revocation Order (PRO) A Permit Revocation Order may be issued to any user who has not complied with 2.b Packet Pg. 124 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 12 the requirements contained in any enforcement action. The PRO requires the user to immediately cease the discharge of all wastewater determined by the Director to be in noncompliance. Additionally, the PRO requires the user to demonstrate continued compliance prior to the re-issuance of the permit authorizing the continued discharge of the specified wastewater to the sewer system. The PRO shall include a $100 penalty fee and the user shall be responsible for all costs associated with the re-issuance of the permit. N. Sewer Suspension Order (SUSP) A Sewer Suspension Order may be issued to any user who has either willfully or negligently violated the requirements contained in a PRO, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of this Chapter or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The SUSP shall be hand delivered or delivered certified mail with a written receipt of delivery. Any user issued a SUSP shall immediately cease the discharge of all wastewater to the POTW, as specified by the Director. The SUSP will result in the immediate revocation of the user’s permit. Noncompliance with the conditions of the SUSP may result in the immediate termination of sewer service as specified in SBMWD Rules and Regulations. As soon as reasonably practicable but in no event more than five (5) business days following the issuance of the SUSP, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the SUSP should not be executed. The scheduled hearing shall not delay or prevent the effects of the SUSP. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the SUSP. The General Manager may allow the user to resume sewer service or wastehauler discharge service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The user shall be responsible for all costs associated with the issuance of the SUSP. The SUSP shall include a $500 penalty fee and the user shall be responsible for all costs associated with re-issuance of the permit. O. Sewer Termination Order (TERM) A Sewer Termination Order may be issued to any user who has either willfully or negligently violated the requirements contained in a SUSP, failed to comply with the requirements of a CONS or COMP, or whose actual or impending discharge to the POTW presents or may present an imminent endangerment to the health and welfare of persons or to the environment, may pass through or cause interference with the operations of any part of the POTW, is in violation of this Chapter or the user’s permit, or may cause the SBMWD to violate its NPDES permit or any other State or Federal law or regulation. The TERM shall be hand delivered or delivered certified mail with a written receipt of delivery. The TERM will result in the immediate revocation of the user’s permit and the immediate severance of the user’s sewer connection and/or the termination of water service. As soon as 2.b Packet Pg. 125 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 13 reasonably practicable but in no event more than five (5) business days following the issuance of the TERM, the General Manager shall schedule a hearing to provide the user with an opportunity to present information which states the reasons the TERM should not be executed. The scheduled hearing shall not delay or prevent the effects of the TERM. The hearing shall be conducted in accordance with procedures established by the Board. Within five (5) business days following the hearing, the General Manager shall issue a written decision to the user regarding the status of the TERM. The General Manager may allow the user to reconnect to the sewer and/or resume water service if the user demonstrates continued compliance with all discharge and Ordinance requirements. The TERM shall include a $1000 penalty fee and the user shall be responsible for all costs associated with the TERM, including the termination and reconnection of sewer and/or water service, and re-issuance of the permit. P. Civil Penalty (CIV) A Civil Penalty may be issued to any user in violation of the user’s permit, any provision of SBMWD Rules and Regulations, administrative order, or has failed to comply with the requirements or conditions specified in previous enforcement action. The CIV shall be issued by the City Attorney and shall include all penalties authorized by SBMWD Rules and Regulations. The user shall be responsible for all costs associated with the violation(s); including: reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs, and inspection expenses. 1. AUTHORITY: All users of the POTW are subject to enforcement actions administratively or judicially by the City, United States Environmental Protection Agency, State of California Regional Water Quality Board, or the County of San Bernardino District Attorney. The actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conversation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739 -54740. 2. RECOVERY OF FINES OR PENALTIES: In the event the City is required to pay fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and the violation can be attributed to the discharge of the user in violation of any provision of this Chapter, the user’s permit, any prohibition, effluent limit, or an administrative order issued pursuant to this Chapter; the City shall be entitled to recover all costs and expenses, including, but not limited to, the full amount of said fines or penalties from the user. 2.b Packet Pg. 126 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 14 3. ORDINANCE: Pursuant to the Authority of California Government Code Sections 54739-54740, any person who violates any provision of this Chapter; the user’s permit, any prohibition, effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this Chapter, the user’s permit, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The City Attorney, at the request of the General Manager may petition a court of competent jurisdiction to impose, assess and recover all costs pursuant to Federal and/or State legislative authorization. 4. ADMINISTRATIVE CIVIL PENALTIES a. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the City may issue an administrative complaint to any person who violates: 1. any provision of this Chapter; 2. any permit condition, prohibition, or effluent limit; or 3. any suspension or revocation order. b. The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the City’s requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or a designated representative. The user to whom the administrative complaint has been issued may waive the right to a hearing, in which case the hearing will not be conducted. c. At the hearing, the user shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the Board. d. After the conclusion of the hearing, the General Manager shall complete a written report which includes a brief statement of facts, a review of the issues involved, conclusions, and a recommendation. e. Upon receipt of the written report, the Board shall make a determination regarding the issuance of a civil penalty against the user. The General Manager shall issue an administrative order regarding the civil penalty to the user within thirty (30) calendar 2.b Packet Pg. 127 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 15 days after the hearing date. f. Civil penalties may be assessed as follows: 1. In an amount of at least $1000 a day for each violation by Industrial Users of Pretreatment Standards and Requirements; 2. In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; 33. In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the SBMWD; 44. In an amount which shall not exceed five thousand dollars ($5,000.00) for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the SBMWD; 55. In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the SBMWD. g. In determining the amount of such penalties, damages and costs, all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through a user’s violation, corrective actions by a user, the compliance history of the user, good faith efforts to restore compliance, threat to human health, to the environment and to the POTW. h. An order assessing administrative civil penalties issued by the SBMWD shall be final in all respects on the thirty-first (31st) day after it is delivered to the user unless a notice of appeal is filed with the Board pursuant to SBMWD Rules and Regulations no later than the thirtieth (30th) day following delivery of the notice. An order assessing administrative penalties issued by the Board shall be final. i. Copies of the administrative order shall be either hand delivered or by certified mail to the user served with the administrative complaint. j. Payment of the administrative civil penalties shall be made within thirty (30) days of the date the administrative order becomes final. 2.b Packet Pg. 128 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 16 A lien shall be placed against the user’s real property for any outstanding penalties which remain delinquent sixty (60) days. The lien shall not be in effect until recorded with the county recorder. The SBMWD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the administrative order becomes final. k. No administrative civil penalties shall be recoverable under SBMWD Rules and Regulations for any violation which the City has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. Q. Criminal Penalty (CRIM) A Criminal Penalty may be issued to any user in violation of the user’s permit, SBMWD Rules and Regulations, or an enforcement action issued by the Director or has failed to comply with the requirements or conditions specified in previous enforcement action. A Criminal Penalty may also be issued to any user that willfully or knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter or the user’s permit, or which falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter. The CRIM shall be issued by the City Attorney or County District Attorney and shall include all penalties authorized by SBMWD Rules and Regulations. The penalties shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, and any relevant State laws. The user shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of at least $1,000 per day for each violation of the Industrial Users of Pretreatment Standards and Requirementsor imprisonment for not more than six months, or both, per violation per day. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, et seq. and amendments thereto, and shall apply to the exclusion of any other more lenient provision of this Chapter. A user shall be guilty of a separate violation for each day a violation of any provision of this Chapter or user’s permit is committed or continued by such user. R. SNC Publication Notice (SNC) All users determined to be in Significant Noncompliance shall be published at least annually in aa newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW. The SNC report shall include a name of the user and the provisions which were found to be in noncompliance. S. Written Appeal Procedures 1. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of this Chapter or user’s permit, may file with the Director a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail 2.b Packet Pg. 129 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 17 the facts supporting the user’s request for reconsideration. The Director shall render a ruling on the request for reconsideration to the user in writing within ten (10) business days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. 2. Any user affected by and dissatisfied with any decision, order, or enforcement action, made by the Director interpreting or implementing the provisions of this Chapter or user’s permit, may file with the General Manager a written appeal requesting reconsideration of such decision, order or enforcement action within ten calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. The General Manager shall render a ruling on the request for reconsideration to the user in writing within ten (10) business days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance. 3. If the ruling on the request for reconsideration made by the General Manager is unsatisfactory, the user may, within ten calendar days after receipt of notice of the General Manager’s ruling, file a written appeal with the Board, lodging such appeal with the SBMWD along with an appeals fee of one hundred dollars. All requests for a hearing on appeals concerning an award of civil penalties, or orders of permit suspension, revocation, or denial shall be reviewed by the Board. All other hearing requests shall be at the sole discretion of the Board. The written appeal shall result in a hearing, after notice to the affected parties, for a complete review of the decision, order, or enforcement action. The hearing shall be conducted within sixty calendar days of the written request. The hearing may be recorded or transcribed and the testimony may be required to be given under oath. The Board shall make a ruling on the appeal within sixty calendar days from the date of filing and shall contain the findings of facts regarding the order. 4. The SBMWD shall have the burden of proof during these hearings and shall be responsible to submit a preponderance of evidence for all claims. The appellant may submit written evidence during the hearing to support the claims of the appellant. Formal rules of evidence shall not apply in the hearings under this Chapter. Evidence will be admissible it is relevant and of the sort on which responsible persons are accustomed to rely in conduct of serious affairs. The SBMWD reserves the right to adopt additional procedural guidelines governing the conduct of the hearings. 5. The ruling of the Board shall be deemed a final decision, order or action by the SBMWD which any person adversely affected by such decision, order or action may appeal to the appropriate court in the County of San 2.b Packet Pg. 130 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 18 Bernardino. No person may obtain judicial review of any decision, order, or enforcement action by the SBMWD under this Chapter without first having exhausted his or her administrative remedies set forth in this Section. 2. DETERMINING FACTORS A. Magnitude of the violation. The level of enforcement action depends on the magnitude of the violation and/or any significant threat to the public health, safety, or welfare, the environment, the POTW, or to any SBMWD, City or contract personnel. Minor violations are issued correction notices and written warnings; repeat discharge violations are issued an NMP or Notice of Violation; repeat non- discharge Ordinance violations are issued a Notice of Violation or a Violation Meeting Order; and chronic violations are issued escalated enforcement actions including Consent Orders or Compliance Orders. B. Duration of the violation. The length of time a violation has existed without being corrected will also impact the level of enforcement response. Violations that are not corrected within the specified timeframe required to comply shall result in the commencement of escalated enforcement. Violations that are easily and quickly corrected and are not major violations shall require minimum enforcement (e.g. Notice of Noncompliance or Warning Notice). The longer a discharge violation remains uncorrected shall result in escalated enforcement actions up to and including termination of sewer and/or water service and civil/criminal prosecution. C. Effect of the violation on compliance with discharge permit. The violation(s) may place the user in Significant Non-Compliance (SNC) as defined in 40 CFR 403.8. If SNC is detected, a Notice of Violation is issued and the user is published in the area's largest circulating newspaper on an annual basis. If the violation is serious enough, the user’s permit may be suspended or revoked, sewer and/or water service may be terminated, and penalties and fines may be levied pursuant to SBMWD Rules and Regulations. D. Effect of the violation on the operation of the POTW. The wastewater discharge may affect the wastewater treatment ability of the POTW, the beneficial reuse of POTW sludge, the integrity of the collection system, or threaten the safety of SBMWD, City, contract personnel and the public. In these cases, the user will be responsible for all damages incurred, including all penalties and fines that may be imposed on the City by regulatory agencies pursuant to SBMWD Rules and Regulations. E. Compliance history of the user. The level of enforcement is also impacted by the compliance history of the user. Repeat violations within a twelve month term will result in escalated enforcement action including the issuance of a Probation Order. In addition, escalated enforcement action will apply if the industrial user has a history of violations with ineffective corrections, repeated violations caused by negligence, and disregard for achieving compliance. Responsive compliance efforts may warrant a less strict enforcement action. 2.b Packet Pg. 131 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 19 F. Good Faith by the User. Additional considerations factored in the enforcement response issued to a user may include the “Good Faith” efforts of the user. A "Good Faith" effort is defined as the user's honest intention to remedy the noncompliance with actions that support the intention, e.g. prompt expenditures for pretreatment equipment or contracting of consultants to correct the noncompliance. 2.b Packet Pg. 132 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 20 3. ENFORCEMENT VIOLATION GUIDE DISCHARGE VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL First Discharge Violation In A 12 Month Period NNC – Resample For Pollutant(s) None ECT, ECO Second Discharge Violation In A 12 Month Period NOV - Noncompliance Monitoring Program Required $100 ECO NMP Violation(s) – Does Not Result In SNC NOV, PO – Complete Additional Monitoring $100, $100 ECO NMP Violation(s) – SNC NOV, VMO, CONS, COMP, SHOW - Complete Additional Monitoring $100, $100, $500, $500, $1000 ECO Any Discharge Violation(s) Which Result In Quarterly SNC Status NOV, VMO, CONS, COMP – Complete Additional Monitoring $100, $100, $500, $500 ECO, Director Any Discharge Violation(s) Which Results In Pass Through, Sludge Contamination, Or Interference SHOW, Civil Or Criminal Penalties – Submit Required Information $1000, As Determined ECO, Director, GM, Attorney Dilution Of Wastestream – First Offense NNC – Resample(s) Required None ECA, ECT, ECO Dilution Of Wastestream – Repeat Offense(s) NOV – Resample(s) Required $100 ECO Discharge pH Meter Indicates Noncompliance NOV – Comply With pH Discharge Requirements $100 ECO Septic Waste Discharged at Illegal Site Or Noncompliant Septic Waste Discharged at WRP – First Off NOV – Submit Required Information $100 ECO Septic Waste Discharged at Illegal Site Or Noncompliant Septic Waste Discharged at WRP - Repeat Offense(s) PRO, SHOW, Civil Or Criminal Penalties – Submit Required Information $100, $1000, As Determined ECO, Director Discharge of Any Prohibited Waste – First Offense NOV – Submit Required Information $100 ECO Discharge of Any Prohibited Waste – Repeat Offense(s) VMO, PRO, SHOW, Civil Or Criminal Penalties – Submit Required Information $100, $100, $1000, As Determined ECO, Director 2.b Packet Pg. 133 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 21 MONITORING VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL Failure To Sample Or Resample Within Required Timeframe – First Offense, Does Not Result In SNC NNC – Sample, Resample As Required None ECA, ECT, ECO Failure To Sample Or Resample Within The Required Timeframe – First or Repeat Offense(s), SNC NOV, VMO – Sample, Resample As Required $100, $100 ECO Improper Sample Location – First Offense NNC – Resample Required None ECA, ECT, ECO Improper Sample Location – Repeat Offense(s) NOV – Resample Required $100 ECO Improper Sample Collection Or Analytical Methods – First Offense NNC – Resample Required None ECA, ECT, ECO Improper Sample Collection Or Analytical Methods – Repeat Offense(s) NOV – Resample Required $100 ECO Failure To Monitor All Required Pollutants – First Offense NNC – Resample Required None ECA, ECT, ECO Failure To Monitor All Required Pollutants – Repeat Offense(s) NOV – Resample Required $100 ECO Failure To Install Flow, Monitoring, Or Pretreatment Equipment - Less Than 5 Days Lt WN – Extension Request Required None ECT, ECO Failure To Install Flow, Monitoring, Or Pretreatment Equipment - Less Than 30 Days Lt NOV – Extension Request Required $100 ECO Failure To Install Flow, Monitoring, Or Pretreatment Equipment – More Than 30 Days Lt SNC NOV, VMO, CONS, COMP, SHOW – Complete Equipment Installation $100/day, $100, $500, $500, $1000 ECO, Director Failure To Maintain Or Operate Flow, Monitoring, Or Pretreatment Equipment – First Offense NNC – Complete Equipment Maintenance None ECA, ECT, ECO Failure To Maintain Or Operate Flow, Monitoring, Or Pretreatment Equipment – Repeat Offense(s) NOV – Complete Equipment Maintenance $100 ECO 2.b Packet Pg. 134 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 22 REPORTING VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL Falsification, Failure To Maintain, Or Incomplete Records, Reports - First Offense NNC – Records To Be Maintained None ECA, ECT, ECO Falsification, Failure To Maintain, Or Incomplete Records, Reports - Repeat Offenses(s) NOV – Records To Be Maintained $100 ECO, Director Failure To Submit Records, Reports, Or Correspondence – Less Than 5 Days Late WN – Submit Required Information None ECT, ECO Failure To Submit Records, Reports, Or Correspondence – Between 5 And 30 Days Late NOV – Submit Required Information $100 ECO Failure To Submit Records, Reports, Or Correspondence – More Than 30 Days Late, SNC NOV, VMO, CONS, COMP, SHOW – Submit Required Information $100/day, $100, $500, $500, $1000 ECO Failure To Report SMR Discharge Violation – First Offense NNC – SMR Report Required None ECA, ECT, ECO Failure To Report SMR Discharge Violation – Repeat Offense(s) NOV – SMR Report Required $100 ECO Failure To Report Slug Load Spill – No Discharge To POTW – First Offense NNC – Slug Load Report Required None ECA, ECT, ECO Failure To Report Slug Load Spill – No Discharge To POTW – Repeat Offense(s) NOV – Slug Load Report Required $100 ECO Failure To Report Slug Load Spill – Discharge To SBMWD POTW – First Offense NOV, CDO – Depending On Severity – Submit Required Information $100, $250 ECO, Director Failure To Report Slug Load Spill – Discharge To POTW – Repeat Offense(s) CDO, CONS, COMP, SHOW, – Submit Required Information $250, $500, $500, $1000 ECO, Director Failure To Submit Additional Monitoring – First Offense NNC – Monitoring Results Required None ECA, ECT, ECO Failure To Submit Additional Monitoring – Repeat Offense(s) NOV – Monitoring Results Required $100 ECO 2.b Packet Pg. 135 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 23 PERMIT VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL Failure To Submit Permit Application Or Renewal By Due Date WN – Submit Required Permit Application None ECT, ECO Failure To Submit Permit Application Renewal Before Current Permit Expiration Date NOV – Submit Required Permit Application $100 ECO Failure to Submit Information In Permit Application Which Results In A Permit Reclassification NOV – Permit Modification Required $100 ECO Failure To Comply With Any Permit Condition Or Requirement – First Offense NNC, NOV – Depending On Severity None, $100 ECA, ECT, ECO Failure To Comply With Any Permit Condition Or Requirement – Repeat Offense(s) NOV, CONS, COMP, SHOW – Depending On Severity $100, $500, $500, $1000 ECO, Director, GM Unauthorized Or Unpermitted Discharge – First Offense - No Harm To The POTW NNC – Submit Required Information None ECO Unauthorized Or Unpermitted Discharge – Repeat Offense(s) - No Harm To The POTW NOV – Submit Required Information $100 ECO Unauthorized Or Unpermitted Discharge – First Offense - Harm To The POTW NOV, CONS, COMP, SHOW - Depending On Severity – Submit Required Information $100, $500, $500, $1000 ECO, Director Unauthorized Or Unpermitted Discharge – Repeat Offense(s) - Harm To The POTW CDO, COMP, SHOW, Civil Or Criminal Penalties – Submit Required Information $250, $500, $1000, As Determined ECO, Director Failure To Submit Required Permit Information Or Any Process Modifications – First Off NNC – Submit Required Information None ECA, ECT, ECO Failure To Submit Required Permit Information Or Any Process Modifications – Repeat Off ( ) NOV – Submit Required Information $100 ECO Failure To Implement FWMP Requirements – First Offense NOV – Submit Required Information $100 ECO Failure To Implement FWMP Requirements – Repeat Offense(s) VMO, CONS, COMP, SHOW- Submit Required Information $100, $500, $500, $1000 ECO, Director 2.b Packet Pg. 136 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) 24 MISCELLANEOUS ORDINANCE VIOLATIONS VIOLATION RESPONSE PENALTY PERSONNEL Denial of Entry To Perform Monitoring Or Inspection – First Offense NOV – Permit EC Entry $100 ECO Denial Of Entry To Perform Monitoring Or Inspection – Repeat Offense(s) VMO, COMP, SHOW – Obtain Inspection Warrant $100, $500, $1000 ECO, Director, GM, Attorney Spill Containment Not Present Or Inadequate NNC – Install Or Correct Spill Containment None ECA, ECT, ECO Spill Containment Not Properly Maintained – First Offense NNC – Maintain Spill Containment Area None ECA, ECT, ECO Spill Containment Not Properly Maintained – Repeat Offense(s) NOV, VMO, COMP, SHOW – Maintain Spill Containment Area $100, $100, $500, $1000 ECO, Director Material Not Properly Spill Contained – First Offense NNC – Spill Contain Material None ECA, ECT, ECO Material Not Properly Spill Contained – Repeat Offense(s) NOV, VMO, CONS, COMP, SHOW – Spill Contain Material $100, $100, $500, $500, $1000 ECO, Director Plan Check Project Initiated Without Environmental Control Authorization – First Offense NNC, WN – Comply With EC Requirements None ECA, ECO Plan Check Project Initiated Without Environmental Control Authorization – Repeat Offense(s) NOV, SWO, CDO - Comply With EC Requirements $100, $100, $250 ECO, Director Illegal Water Softening Equipment Installed – First Offense NNC – Comply With Soft Water Regulations None ECA, ECT, ECO Illegal Water Softening Equipment Installed – Repeat Offense(s) NOV, VMO, CONS, COMP, SHOW – Comply With Soft Water Regulations $100, $100, $500, $500, $1000 ECO, Director Industrial/Domestic Wastestreams Not Separated Before Pretreatment Or Monitoring – First Offense NNC – Wastewater Required To Be Separated None ECA, ECT, ECO Industrial/Domestic Wastestreams Not Separated Before Pretreatment Or Monitoring – Repeat Offense(s) NOV, VMO, CDO, CONS, COMP, SHOW – Wastewater Required To Be Separated $100, $100, $250, $500, $500, $1000 ECO, Director 2.b Packet Pg. 137 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) EXHIBIT B Rule and Regulation Nos. 1, 6, 7, 9, 10, 20, 21, 23 [ATTACHED] 2.b Packet Pg. 138 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South "E" Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED 1.0 RULES AND REGULATIONS 1.1 General The following Rules and Regulations are effective in the City of San Bernardino, and were established by resolution of the Board of Water Commissioners (BOWC) and resolution by the Mayor and Council of the City of San Bernardino. Specific rules and regulations governing payment of bills, Water Department rates and credits, are in accordance with ordinances of the City of San Bernardino. All Rules and Regulations herein set forth are subject at all times to change or abolition by action of the Board of Water Commissioners as the respective and controlling authority of the City. Copies of the Rules and Regulations in effect will be kept on file and up to date in the offices of the City of San Bernardino Water Department and in the office of the City Clerk of the City of San Bernardino. Consumers or others contemplating any expenditure or activities governed by these rules and regulations should assure themselves that they have the latest and correct information by contacting the Water Department. A. Definitions For the purpose of these Rules and Regulations, all words herein in the present tense shall include the future, all words in the plural number shall include the singular, and all words in the singular number shall include the plural. Whenever in these Rules and Regulations the following words and phrases set forth in this section are used, they shall, for the purpose of these Rules and Regulations, have the following meanings respectively, to wit: (1) "Abandoned Service" shall mean a service connection documented based on actual field 2.b Packet Pg. 139 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 2 conditions that the service lateral was cut, capped, and left in place. If the service classified as abandoned in actually removed, the service shall be reclassified as removed in Water Department records. See "Killed Service". (2) "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended from time to time, 33 U.S.C. Section 1251 et seq. (3) "American Water Works Association (AWWA) Standards" shall mean the latest revision of the standards adopted by AWWA and available for review at the Water Department. (4) "Applicant" means developer, landowner, or individual requesting water and/or wastewater backbone infrastructure extensions or service. (5) "Approved Analytical Methods" shall mean the sample analysis techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods, approved by the SBMWD, or any other applicable sampling and analytical procedures, including procedures suggested by the SBMWD or other parties as approved by the EPA. (6) "Approved Backflow Prevention Assembly" shall mean an assembly that has been investigated and approved by the Water Department. The approval of backflow prevention devices by the Water Department will be on the basis of a favorable report by an approved testing laboratory recommending such an approval, and acceptance through the Water Department's approval process. (7) "Authorized Representative" shall mean: a. A responsible corporate officer, if the Industrial User is a corporation of the level of president, secretary, treasurer, or vice president in charge of a principal business function, or any other person who performs similar policy or decision making 2.b Packet Pg. 140 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 3 functions for the corporation; or the manager of one or more manufacturing or production processes, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. A general partner or proprietor if the Industrial User is a partnership, or sole proprietorship, respectively. c. A director, highest appointed official, or employee designated to oversee the operation performance of the activities of a federal, state or local government facility. d. A duly Authorized Representative of the individual designated in a, b, or c, provided such authorization is confirmed in writing by the individual described in a, b, or c; and the authorization specifies an individual having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and e. the written authorization is submitted to the Control Authority. (8) "Automated Meter Reading" shall mean the equipment for the remote collection of consumption data from a customer's water meter. 2.b Packet Pg. 141 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 4 (9) "Backflow Prevention Assembly or Device" shall mean an assembly for the prevention of backflow from the customer's water system to the Water Department's water system and may include, but not be limited to, a backflow prevention device, isolation valves, test cocks, thrust restraints, a vault, connecting piping, an enclosure, and other appurtenances. (10) “Backwater Valve” shall mean a device intended to prevent untreated wastewater in a Sewer Main or Sewer Lateral from flowing backward (“back flowing”) into the House Sewer. (11) "Beneficial Use" means the Applicant may utilize Water Department facilities for fire protection purposes and water through Water Department approved services. Beneficial use is granted when the water facilities have been properly conveyed to the Water Department and all service installations have been approved by the Water Department. (12) "Best Management Practices (BMPs)" shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw materials storage. The POTW may develop BMPs, which shall be considered local limits and pretreatment standards for the purposes of these Rules and Regulations. (13) "Billing Date" shall be the date shown on the monthly water and sewer bill. (14) "Biochemical Oxygen Demand (BOD)" shall mean the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under standard laboratory methods of five (5) days at twenty degrees Centigrade. (15) "Board" shall refer to the group of up to five Board members for the Water Department as established by the City of San Bernardino Charter 2.b Packet Pg. 142 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 5 Article VI: Section 603, Water and Wastewater. The words "Water Board" shall have the same meaning. (16) "Building Official" shall mean the Director of Community Development, an authorized representative, or any City Officer who is subsequently empowered to assume the duties of the Building Official. (17) "Building Permit(s)" shall mean the permit(s) issued by either the City of San Bernardino or San Bernardino County for a structure including but not limited to the foundation, shell, and other related building components. (18) "Bypass" shall mean the intentional diversion of waste streams from any point of a user’s pretreatment facility. (19) "Capacity Charge" shall mean a variable charge or fee by service size required to obtain a service connection onto a Water Department water main to cover the costs per Equivalent Dwelling Unit (EDU) for bond-funded improvements, cost of water storage, cost of water production, and cost of pumping and transmission. The service charge will also address the connection and capacity fees associated with the sewer system. (20) "Categorical Industrial User" shall mean all industrial users subject to National Categorical Pretreatment Standards promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act (33 U.S.C. Sec. 1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Sub-chapter N, and amendments thereto. (21) "Chemical Oxygen Demand (COD)" shall mean the quantity of oxygen, expressed in mg/L required to chemically oxidize material in a waste sample or wastewater sample, under specific conditions of an oxidizing agent, temperature, and time. COD results are not necessarily related to BOD results (22) "City" shall mean City of San Bernardino, acting through the elected officials and authorized representatives. 2.b Packet Pg. 143 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 6 (23) "City Attorney" shall mean the San Bernardino City Attorney or an authorized representative, deputy, or agent appointed by the City Attorney. (24) "Class I User" shall mean an industrial user (IU) subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub--chapter N; or an industrial user classified as a Significant Industrial User (SIU) as specified in 40 CFR 403.3(vv)(ii). (25) "Class II User" shall mean an IU with an average discharge between ten thousand (10,000) and twenty-four thousand nine hundred ninety-nine gallons (24,999) per day of industrial wastewater to the POTW, or as specified by the Director. (26) "Class III User" shall mean an IU with an average discharge up to nine thousand nine hundred ninety-nine (9,999) gallons per day of industrial wastewater to the POTW and pretreatment is required to reduce the potential for adversely affecting the operation of the POTW or violating any pretreatment standard, prohibition, or requirement of the Rules and Regulations. (27) "Class IV User" shall mean an IU that has a temporary need, less than 180 days, to discharge wastewater to the POTW. (28) "Class V User" shall mean an IU that performs operations regulated by Federal Categorical Standards with no industrial wastewater discharged to the POTW from the Categorical process(es) (Dry Categorical). (29) "Class VI User" shall mean a Liquid Wastehauler that hauls domestic liquid wastes from septic tanks, chemical toilets, cesspools, seepage pits, or private disposal systems which are discharged to the septic receiving station located at the WRP. (30) "Collection Agency" shall mean the City, acting through the SBMWD, or a public agency with which the City has an interjurisdictional agreement covering the collection and discharge of sewage within such agency into the City’s Collection System for transmission, treatment, and disposal. 2.b Packet Pg. 144 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 7 (31) "Collection System" shall mean all pipes, plant facilities, sewers and conveyance systems carrying wastewater to the WRP and RIX, owned and maintained by the City and/or by tributary Satellite Service Areas contracting with the City for transmission, treatment, and disposal, excluding Private Sewer lateral connections and house sewers. (32) "Combination Service" shall mean a single lateral connection through which water is obtained for the dual purpose of private fire service and domestic service or domestic landscape and domestic service. (33) "Combined Wastestream Formula" shall mean the formula, as outlined in the general pretreatment regulations of the Clean Water Act, 40 CFR 403.6(e), for determining wastewater discharge limitations for Categorical Industrial Users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula. (34) "Common Council" shall mean the City of San Bernardino City Council responsible for representing the City and the San Bernardino Municipal Water Department. (35) "Compliance Order" shall mean a time schedule issued to an industrial user by the SBMWD which specifies corrective actions called milestones to be completed by the IU to correct violations of the industrial user’s wastewater discharge permit or Rule and Regulation No. 26. (36) "Compliance Schedule" shall mean a time schedule enforceable under Rule and Regulation No. 26 containing increments of progress, i.e., milestones, in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or 2.b Packet Pg. 145 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 8 indirectly affect the quality of the user’s wastewater effluent. (37) "Composite Sample" shall mean a collection of individual samples obtained at selected time or flow-based increments, which are combined into one sample. (38) "Conditional Will Serve" shall mean a water and sewer commitment that may be made if the applicant completes specific requirements within specified timeframes as specified in a written agreement with the Water Department. (39) "Confined Space," pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, and amendments thereto, shall mean a space that: a. Is large enough and so configured that a person can bodily enter and perform assigned work; b. Has limited or restricted means for entry or exit (for example, tanks vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and c. Is not designed for continuous occupancy by a person. (40) "Consent Order" shall mean a time schedule agreed upon between the SBMWD and an IU which specifies corrective actions called milestones to be completed by the IU to correct violations of the IU’s wastewater discharge permit or Rule and Regulation No. 26. (41) "Constituent" shall mean any physical, chemical, or biological component of water or wastewater which can be quantified using Approved Analytical Methods. (42) "Construction Water" shall mean metered water delivered for construction purposes including, but not limited to, compaction and dust control. (43) "Conventional Pollutants" shall mean BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such additional pollutants which may be specified and controlled 2.b Packet Pg. 146 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 9 in the NPDES permit issued to the WRP by the RWQCB. (44) "Conveyance Agreement" shall mean the Agreement between the Developer and the Water Department whereas the Developer completed all construction items, provided all submittals, and the Water Department has accepted the construction of all mains and laterals. (45) "Cooling Water" shall mean all water used solely for the purpose of cooling a manufacturing process, equipment, or product. (46) "Cost Letter" shall mean a letter or correspondence that documents all costs as defined in these Rules and Regulation. (47) "Costs" shall mean labor, material, equipment rental, street cut repair charges, transportation expense, supervision, engineering, and all other necessary overhead expenses. (48) "County" shall mean the County of San Bernardino or the Board of Supervisors of the County of San Bernardino. (49) "Cross-Connection" shall mean any unauthorized or illegal physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems, or a private well, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the potable water system. This would include but not be limited to any temporary connections, such as swing connections, removable sections, four-way plug valves, spools, dummy section of pipe, swivel or change-over devices or sliding multiport tube. (50) "Customer of Record" shall mean a person who is recipient of water and sewer service from the Water Department through an existing service connection, or a person applying for water through an existing service connections. (51) "Day" shall mean calendar day unless otherwise specified. 2.b Packet Pg. 147 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 10 (52) "De Minimus User" shall mean any user whose industrial wastewater discharge is less than 100 gallons per day and is not regulated by a federal categorical pretreatment standard or industrial user group permit. (53) "Deferral Agreement" shall mean the agreement between the Water Department and the Developer whereas the Water Department will allow the Developer to defer the acquisition of service charges until sale or transfer of the lots. A deferral agreement will be approved by the SBMWD only after an acceptable payment bond has been issued in the full amount of the project acquisition to the SBMWD. Payment of all fees is required prior to the certificate of occupancy issued by the City Community and Economic Development Department, only after all acquisition has been paid will the SBMWD release the payment bond. (54) "Dental Industrial User" shall mean all industrial users subject to Dental Amalgam Effluent and BMP Standards or related requirements promulgated by the Environmental Protection Agency (EPA), and any subsequent programs or requirements imposed by a State Agency. (55) "Department" shall mean the Water Department of the City of San Bernardino. See also "Water Department" and "SBMWD". (56) "Design and Construction Standards for Water and/or Wastewater System Improvements" shall mean the minimum design and construction criteria for water distribution and sewage collection systems within the jurisdiction of the Water Department. (57) "Developer" shall mean any person, agent, or corporation engaged in or proposing development of property. (58) "Developer Approval" is the approval(s) required from the City of San Bernardino for subdivision of a parcel or issuance of a building permit. (59) "Developer-Installed Agreement" means an agreement between the Water Department and Applicant executed by the General Manager that 2.b Packet Pg. 148 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 11 shall establish the terms for the installation and transfer of the title of water and sewage collection system facilities. (60) "Developer Required Size" means the minimum water and sewage collection facility size required to service the Applicant's development only. (61) "Dilution" shall mean the increase in use of water, wastewater or any other means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements. (62) "Director" shall mean either the Director of Water Reclamation or Environmental & Regulatory Compliance or an authorized representative, deputy, or agent appointed by the Director. (63) "Discharger" shall mean any person who directly or indirectly causes or contributes to a discharge to the POTW. (64) "Disconnection of Service" shall mean an active service connection which has been turned-off or terminated for nonpayment of water and sewer bills. (65) "Domestic Liquid Wastes" shall mean all domestic wastes contained in septic tanks, cesspools, seepage pits, holding tanks, private disposal systems, or chemical toilets not connected to the POTW. (66) "Domestic Service" shall mean a service connection through which water is obtained for all purposes permissible under law, including commercial and industrial uses exclusive of fire protection and construction service. (67) "Domestic Wastewater" shall mean wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter. (68) "E&RC" shall mean the Environmental and Regulatory Compliance Division of the SBMWD. (69) "Effluent" shall mean treated wastewater flowing from treatment facilities, a POTW, or a user’s pretreatment equipment to the POTW. 2.b Packet Pg. 149 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 12 (70) "Electrical Conductivity" shall mean the quantitative measurement of salt/ionic constituents dissolved in wastewater generated from, but not limited to: boilers, cooling towers, and water systems. (71) "Emergency" shall mean a sudden or unexpected occurrence or need that requires immediate action to prevent an adverse impact upon life, health, property or essential public services. The term shall also refer to the facts or circumstances that SBMWD reasonably determines create an imminent threat of harm to public health or safety, the environment or the POTW. (72) "Emergency Service Connection" shall mean a Water Department authorized service connection on an interim basis required to safeguard health and protect private or public property. (73) "Employee" shall mean any individual employed by the Water Department, excluding independent contractors, consultants, and their employees. (74) "Engineer" shall mean the SBMWD’s designated Engineer of Record, or an authorized representative or deputy. (75) "EPA" shall mean the United States Environmental Protection Agency. (76) "Equivalent Dwelling Unit" or "EDU" shall mean a unit of measure that standardizes all land use categories to the level of demand created by one single-family dwelling unit. EDUs are computed in accordance with the probable demand that a user places on the system by assignment of an equivalency factor. (77) "Exchange Type Soft Water Conditioning Equipment" shall mean any soft water conditioning equipment that is removed from the premises at which it is normally operated for regeneration at a commercial regeneration facility. (78) "Existing Source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced before the publication of proposed pretreatment standards 2.b Packet Pg. 150 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 13 under Section 307(c) of the Federal Clean Water Act and amendments thereto. (79) "Federal Categorical Pretreatment Standard" shall mean the National Pretreatment Standards, established by the EPA, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by existing or new industrial users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto. (80) "Fire Hydrant" shall mean a public fire hydrant(s) to be located within a public right--of--way or easement. The fire hydrant shall be of a type and manufacturer approved by the entity having jurisdiction. (81) "Fire Hydrant Meter" shall mean a portable water meter which is connected to a fire hydrant for the purpose of temporary water use. (These meters are sometimes referred to as Construction Meters). (82) "Fire Service" shall mean a service connection through which water is available on private property for fire protection exclusively. Private fire service shall be equipped with a Water Department approved backflow device and meter per Water Department Standards. (83) "Fire Service Acquisition of Service Charge" shall mean a variable charge or fee by service size required to obtain a fire service connection onto a Water Department water main to cover the costs per Equivalent Dwelling Unit (EDU) for bond-funded improvements, cost of water storage, cost of water production, and cost of pumping and transmission. (84) "Fixture Units" shall be defined as specified in the Uniform Plumbing Code, current edition. (85) "Flow, Permitted Average" shall mean the mathematical daily average flow of industrial wastewater discharged from a permitted user to the POTW. 2.b Packet Pg. 151 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 14 (86) "Flow, Permitted Maximum" shall mean the permitted average flow plus 20% of the average flow. The permitted maximum flow is designed to allow for periodic production increases which result in an increase in the amount of wastewater discharged to the POTW. (87) "Flow Monitoring Equipment" shall mean the equipment and structures required to be installed, maintained, and calibrated at the user’s expense to measure, totalize, and record the amount of water used at the facility or the quantity discharged to the POTW. (88) "Frontage Fee" shall mean actual costs incurred either by the Water Department or Applicant who executed a Developer-Installed Agreement and Conveyance Agreement with the Water Department documenting all approved costs incurred and advanced by Applicant necessary to document refundable costs due to either the Water Department or Applicant who initially advanced the costs and shall be calculated by the total length of water main installed divided into the total approved costs. (89) "General Manager" shall mean the person duly appointed by the Board to perform the duties of the position, or that person's duly appointed representative. (90) "Good Faith" shall mean the user’s honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the SBMWD. Examples of these intentions are improved Best Management Practices (BMP) or the installation of pretreatment equipment to reduce or eliminate pollutants. (91) "Grab Sample" shall mean an individual sample collected over a period of time not exceeding fifteen minutes. (92) "Grease Waste" shall mean the floating, solid, and semi-solid waste contained within an approved oil/grease interceptor located at a Restaurant User. 2.b Packet Pg. 152 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 15 (93) "Grease Wastehauler" shall mean any person engaged in the removal, transport, and disposal of grease waste removed from a permitted Restaurant User. (94) "Grease Wastehauler Manifest" shall mean the manifest required to document the removal of pretreatment waste from a permitted Restaurant User. (95) "Hazardous Material" shall mean any material capable of creating imminent endangerment to health or the environment including, but not limited to, any substance designated under 40 CFR Section 310.11(d) and amendments thereto, or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCUSC Section 2601, et seq. and amendments thereto. In general, substances which are toxic, explosive, corrosive, flammable or irritants, or which generate pressure through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc. (96) "Heating Water" shall mean all water used solely for the heating of a manufacturing process, equipment, or product. (97) "House Sewer" shall mean that portion of the property owner’s plumbing system used to collect wastewater from any plumbing fixture or drain for the proper discharge of such wastewater into the private sewer lateral. (98) "Hydrolysate" shall mean the resultant liquid from the hydrolysis of human remains. (99) "Hydrolysis" shall mean the process by which the body of a deceased person is chemically reduced to its essential organic components and bone fragments either before or after processing of the remains after removal from the hydrolysis chamber. (100) "Illegal Service" shall mean an active service connection, but which installation was not authorized by the Water Department or is in violation of the Water Department's service rules. Illegal services include, but are not 2.b Packet Pg. 153 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 16 limited to, expansions of on-site systems to serve adjacent parcels. (101) "Inactive Service" shall mean a service connection which is not in use, but is fully operational in accordance with Water Department standards and documented in Water Department records. (102) "Industrial User" (IU) shall mean all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater into the POTW. (103) "Industrial User Permit" shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of industrial wastewater from industrial users into the POTW. (104) "Industrial Wastewater" shall mean all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the Director. (105) "Infectious Waste" shall mean all wastes that normally cause, or significantly contribute to cause, increased morbidity or mortality of human beings. (106) "Interceptor" shall mean an approved detention chamber designed to remove floatable and settle- able material from industrial wastewater prior to discharge to the POTW. (107) "Interference" shall mean any discharge from a user which, alone or in conjunction with a discharge or discharges from other sources both: inhibits or disrupts the POTW, treatment processes or operations, or sludge processes, use or disposal; and which is a cause of a violation 2.b Packet Pg. 154 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 17 of any requirement of the NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), state regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act, and any amendments to these Acts or regulations. (108) "Ion Exchange Water Softener" shall mean a water conditioning apparatus that is designed to remove hardness or other impurities from a user’s incoming potable water supply. (109) "Jumper" shall mean a length of pipe installed in lieu of a meter (also known as an "idler"). (110) "Killed Service" shall mean a service connection documented based on actual field conditions that the service lateral no longer exists. The service is classified as killed in Water Department records. If field conditions later indicate that a service classified as killed was actually abandoned, the service shall be classified as abandoned in Water Department records. See "Abandoned Service". (111) "Lift Station" shall mean a facility used for pumping wastewater from a lower to a higher elevation via a force main piping system under pressure, particularly where the elevation of the source is not sufficient for gravity flow and/or when the use of gravity conveyance will result in an excessively deep sewer main that is more challenging to construct and maintain. (112) "Liquid Wastehauler" shall mean any person engaged in the removal, transport, and disposal of domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other private disposal system for domestic wastewater. 2.b Packet Pg. 155 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 18 (113) "Liquid Wastehauler Manifest" shall mean the manifest required to be completed and submitted to the Director before authorization to discharge domestic liquid wastes at the WRP is granted. (114) "Liquid Wastehauler Permit" shall mean the regulatory permitting procedure established and enforced by the Director to authorize and control the discharge of domestic liquid waste from liquid wastehaulers into the WRP. (115) "Local Discharge Limit" shall mean the maximum concentration of a pollutant determined from either a grab or composite sample which is permitted to be discharged to the POTW, developed by the SBMWD in accordance with 40 CFR 403.5(c) and amendments thereto. (116) "Lower Explosive Limit (LEL)" shall mean the minimum concentration of combustible gas or vapor in the air that will ignite if an ignition source is present. (117) "Main Extension" shall mean any addition to the Water Department's Network Distribution System or Sanitary Sewer Collection System, consisting of a pipeline which is a nominal eight (8) inches in diameter or greater, for the purpose of providing an adequate water supply or for the purpose of providing sanitary sewer service. The Water Department reserves the right to increase the length or diameter of a main extension beyond that required to serve a particular development in order to provide for the orderly development of the Water Department's Network Distribution System or Sanitary Sewer Collection System, improve water quality, and/or improve system reliability. (118) "Mass Emission Rate" shall mean the pounds per day discharged to the City’s Collection System of a particular pollutant or combination of pollutants, as contained in an Industrial User Permit. (119) "Master Meter" shall mean the Water Department approved primary measuring device installed for, but owned by the Water Department, which is used for the purpose of accurately recording all 2.b Packet Pg. 156 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 19 consumption entering an area containing a number of customers, or sub-metered services. (120) "May" shall mean permissive. (121) "Medical Waste" shall mean infectious agents, human blood, blood products, pathological wastes, sharps, recognizable body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory waste dialysis waste, hypodermic needles, syringes, medical instruments/utensils, or any other paper or plastic items of disposable nature used for medically related purposes. The term "Medical Waste" shall exclude de minimus amounts of wastes, human blood and paper items of a disposable nature associated with Domestic Wastewater discharges. (122) "Meter" shall mean the Water Department approved measuring device, installed for, but owned by the Water Department, which is used for the purpose of accurately recording the consumption of water used by customers. (123) "mg/L" shall mean milligrams per liter. (124) "Milestone" shall mean increments of progress in the form of dates, not to exceed nine months, and are used in compliance schedules. Milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user’s wastewater effluent. (125) "Monthly Average" shall mean the average of daily measurements over a calendar month as calculated by adding all the daily measurements taken during the calendar month and dividing that sum by the sum of the number of daily measurements taken in the calendar month. (126) "Multiple Family Dwelling Units" shall mean a structure that contains two or more dwelling units per structure (i.e., hotels, motels, 2.b Packet Pg. 157 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 20 condominiums, apartments, townhouses, and live--work units that share a common wall). In addition, mobile home parks shall be considered multiple family dwelling units. (127) "National Pollutant Discharge Elimination System (NPDES) Permit" shall mean the permit(s) issued by the Regional Water Quality Control Board pursuant to Section 402 of the Act (33 U.S.C. 1342) establishing waste discharge requirements for the SBMWD WRP and RIX. (128) "National Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5. (129) "New Source" shall mean any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Federal Clean Water Act and amendments thereto, which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; or b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is 2.b Packet Pg. 158 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 21 engaged in the same general type of activity as the existing source may be considered. (130) "Noncompliance Monitoring Program (NMP)" shall mean an Administrative Order issued to an industrial user which requires the user to submit production and flow data and complete monitoring, at a frequency determined by the Director, for all pollutants determined to be in violation of discharge limits. (131) "Non-Contact Cooling or Heating Water" shall mean any water which is used for temperature control and has no direct contact with any raw material, or intermediate or final product. (132) "Non-Domestic Wastewater" shall mean all wastewater except Domestic Wastewater, Domestic Liquid Waste, and Unpolluted Water including but not limited to wastewater resulting from industrial, commercial, producing, manufacturing, processing, governmental, educational, institutional, and agricultural operations, brine wastewater from the regeneration of water conditioning equipment, and all non-exempt truck hauled liquid wastewater. (133) "Nonpotable Water" (also called recycled or reclaimed water) shall mean water that does not meet the State of California standards for potable water and that is made available for irrigation purposes for large scale turf and landscaped areas including, but not limited to, golf courses, schools, and parks. Nonpotable water may include reclaimed or recycled wastewater, water which has been recovered from a ground water recharge/recovery facility for nonpotable use, and/or potable water which has been blended with reclaimed or recovered groundwater for capacity or water quality reasons. (134) "Nonstandard Service Connection" shall mean a service connection from a main to a parcel, which is not contiguous to the main to which the connection is made. A service will not be considered or classified as nonstandard if the parcel to be served is not adjacent to a public right-of-way and a permanent right of access with 2.b Packet Pg. 159 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 22 overlapping utility easement is provided for the on-site (private) lateral. (135) "Off-site Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater or distributing potable water. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater, sludge, industrial wastewater, except sewer laterals. These public mains extend from the existing system to a development and generally remain outside the development boundaries. (136) "Oil and Grease" shall mean any of the following in part or in combination: a. Petroleum derived products, e.g., oils, fuels, lubricants, solvents, cutting oils; b. Vegetable derived products, e.g., oils, shortenings, water soluble cutting oils; c. Animal derived products, e.g., fats, greases, oils, lard. (137) "On-site Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater or distributing potable water. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater, sludge, industrial wastewater, except sewer laterals. These public mains, which are installed specifically to provide service to developments, are generally located within the development's boundaries. (138) "Oversized Main Extension" shall mean a main larger in diameter than the minimum diameter necessary to provide a supply of water to (or conveyance of sewage from) a proposed development, which will be capable of meeting future demands on the Water Department's distribution system. The Water Department may 2.b Packet Pg. 160 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 23 increase the length of an oversized main extension beyond that required to serve a particular development, in order to provide for the orderly development of the Water Department's distribution system (or sewage collection), improve water quality and/or improve system reliability. (139) "Oversized Water Facility" shall mean a facility larger than the minimum facility size necessary to provide the necessary supply of water (or the handling of sewage) to a proposed development, which will be capable of meeting future demands on the Water Department distribution system. The Water Department may increase the size of the water facility beyond that required to serve a particular development, in order to provide for the orderly development of the Water Department's distribution (or sewage collection) system, improve water quality and/or improve system reliability. (140) "Parcel Map" shall be as defined in State of California, Government Code, Sections 66444- 66450. (141) "Pass Through" shall mean any discharge which exits the WRP or RIX into receiving waters or waters of the State in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation. (142) "Permit-Required Confined Space" pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, and amendments thereto, shall mean a confined space that has one or more of the following characteristics: a. Contains or has a potential to contain a hazardous atmosphere; b. Contains a material that has the potential for engulfing an entrant; c. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor 2.b Packet Pg. 161 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 24 which slopes downward and tapers to a smaller cross-section; or d. Contains any other recognized serious safety or health hazard. (143) "Permittee" shall mean any user which is issued an Industrial User, Liquid Wastehauler, or Grease Wastehauler permit. (144) "Person" shall mean any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the singular. (145) "pH" shall mean the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, as analyzed in accordance with Approved Analytical Methods. pH represents both acidity and alkalinity on a scale ranging from 0-14 where 7 represents neutrality, values less than 7 represent acidity and values greater than 7 represent alkalinity. (146) "Point of Delivery" shall mean the location on User's property, immediately downstream of the Water Department's meter and control valve vault, and test port at the boundary of the permanent easement granted by the nonpotable water User. (147) "Pollutant" shall mean anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Also means any constituent or characteristic of wastewater including but not limited to conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, dirt, dust, wood product, cleaning chemicals of any kind and industrial, municipal, and agricultural waste and wastewaters. Pollutants may also include, but are not limited to, paints, oil and other automotive fluids, soil, sand, sediment, dirt, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, 2.b Packet Pg. 162 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 25 other biological materials, radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind and industrial, municipal, and agricultural waste. (148) "Pollution" shall mean the person made or person induced adverse alteration of the chemical, physical, biological, or radiological integrity of water. (149) "Potable Water" shall mean water that is treated pursuant to the Safe Drinking Water Act and meets the standards of the State of California Department of Health Services. (150) "POTW" shall mean the Publicly Owned Treatment Works and shall include the City’s Collection System, the collection system of Satellite Service Areas, the SBMWD Water Reclamation Plant, and the RIX. This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of domestic municipal wastewater, sludge, or industrial wastewater, except private sewer lateral connections or house sewers. (151) "Pretreatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes, waste minimization, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution. (152) "Pretreatment Requirement" shall mean any substantive or procedural requirement related to pretreatment imposed on an Industrial User. (153) "Pretreatment Standard" shall mean any regulation containing pollutant discharge limits or prohibitions promulgated by EPA or the City, applicable to industrial users, including 2.b Packet Pg. 163 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 26 promulgated Categorical Standards; National Prohibitive Discharge Standards developed pursuant to Section 307(b) of the Clean Water Act and 40 CFR 403.5, general discharge prohibitions contained in Rule and Regulation No. 26 Section 3.0; and any specific local discharge limits established by the City. (154) "Pretreatment Waste" shall mean all waste, liquid, solid, or semi-solid removed from a wastestream or discharge by physical, chemical, or biological means. (155) "Private Main" shall mean a water (or sewer) pipeline and appurtenances not owned by the Water Department. (156) "Private Sewer Lateral" shall mean the privately owned and maintained wastewater collection pipe or conduit extending from the premises where the wastewater is generated (house sewer) up to, but not including, the connection to the City’s or satellite service area’s collection system. Same meaning as "Service Lateral Line" and "Sewer Lateral". (157) "Prohibited Discharges" shall mean all discharges specified in Section 3.0 of Rule and Regulation No. 26, which are prohibited from being discharged to the POTW. (158) "Property" means a lot or parcel of land, a building or an establishment. (159) "Property Owner" shall mean any individual who is on record of title as being the owner of any parcel of land that may or may not be served by the Water Department either in the past, present, or future. (160) "Public Main", "Main", "Water Facility", or "System" shall mean a water or sewer pipeline and appurtenances which is owned by the Water Department. (161) "Public Sewer" – See "Collection System." (162) "Qualified Professional" shall mean any person who by virtue of experience, education, or training, is qualified to evaluate and assess 2.b Packet Pg. 164 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 27 pollutant discharges and violations of Rule and Regulation No. 26. (163) "RCRA" shall mean the Resource Conservation and Recovery Act as contained in 40 CFR Part 260-266 and 270 and amendments thereto. (164) "Restaurant User" shall mean all retail establishments selling prepared foods and drinks for consumption on or off the premises; and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Users which provide food and drink on the premises as a subordinate service incidental to their primary operations and institutional facilities (e.g., schools, churches, jails, prisons, and juvenile halls, etc.), may also be considered restaurant users. (165) "RIX" shall mean the Rapid Infiltration and Extraction Facility, located in the City of Colton, operated exclusively by the City of San Bernardino Municipal Water Department, and owned jointly with the City of Colton through the RIX Joint Powers Authority (JPA). The RIX receives effluent from the WRP and the City of Colton’s Water Reclamation Facility that is treated to Secondary treatment limits and discharges to the Santa Ana River in compliance with NPDES Permits. (166) "Sample Location" shall mean a location approved by the Director where a representative sample of non-domestic wastewater is collected from an industrial user. (167) "Satellite Service Area" – A wastewater collection system that is owned or operated by another entity which transmits untreated wastewater to the City’s Collection System for transmission, treatment, and disposal in accordance with an interjurisdictional agreement. (168) "SBMWD" shall mean the City of San Bernardino Municipal Water Department. See also "Department" and "Water Department". (169) "Self-monitoring" shall mean wastewater samples collected by a user or the user’s contracted 2.b Packet Pg. 165 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 28 laboratory, consultant, engineer, or similar entity. (170) "Service Area" shall mean the physical geographic area where water service is provided and where wastewater is generated and discharged to the POTW. (171) "Service Connection" shall mean the service lateral extending from the Department's water main, whether located in a public thoroughfare or dedicated easement, to the individual meter. This include the tapping of the water main, corporation stop together with the valves, lateral piping, fittings, meter box and meter. (172) "Service Deposit" shall mean an amount deposited with the Water Department to assure payment of water and sewer bills. (173) "Service Lateral Line" shall have the same meaning as "Private Sewer Lateral" and "Sewer Lateral.” (174) "Service Relocation" shall mean a change in location that will require tapping the existing main or a new water main at a new location, installing a new service lateral. This service will require the payment of appropriate application fees, inspection fees, installation fees and/or other charges. (175) "Sewage" means human excrement and gray water (household showers, dishwashing operations, etc.). (176) "Sewer Collection Capacity Charge" shall mean a charge paid by new development to finance capital improvements of SBMWD’s Sanitary Sewer Collection System needed to serve and accommodate new customer growth and is applied on a per EDU basis. (177) "Sewer Lateral" shall Have the same meaning as "Service Lateral Line" and "Private Sewer Lateral." (178) "Sewer Main" shall mean the system of piping or conduit installed in or under any public street, alley, place, or easement on private property for the purposes of collecting wastewater. This definition includes all devices, equipment, 2.b Packet Pg. 166 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 29 pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal wastewater, sludge, industrial wastewater, except sewer laterals. Same as "Sewer Main Line.” (179) "Sewer Main Line" shall have the same meaning as "Sewer Main." (180) "Sewer Treatment Capacity Charge" shall mean a fee charged for new wastewater connections, or to existing connections with a change in use that may result in increased wastewater flows. The fee is established to fund wastewater treatment plant improvements that ensure treatment capacity is available and is applied on a per EDU basis. (181) "Shall" means mandatory. (182) "Significant Industrial User (SIU)" shall mean all industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and amendments thereto, or any user that meets any of the following conditions: a. Industrial wastewater discharge at an average rate of at least twenty-five thousand gallons per day (gpd) to the WRP (excluding sanitary, noncontact cooling and boiler blowdown wastewater); b. A process wastestream discharge which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WRP; or c. Is designated by the Director on the basis that the user has a reasonable potential for adversely affecting the WRP or for violating any pretreatment standard or requirement. (183) "Significant Noncompliance (SNC)" shall mean any compliance violation that meets one or more of the following criteria: a. Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six (66%) percent or more of all of the measurements for each pollutant taken during a consecutive six month period exceed 2.b Packet Pg. 167 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 30 (by any magnitude) the daily maximum limit or the average limit for the same pollutant; b. Technical review criteria (TRC) violations, which are defined as those in which thirty-three(33%) percent or more of all of the measurements for each pollutant taken during a consecutive six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); c. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the SBMWD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WRP personnel or the general public); d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the SBMWD exercise of its emergency authority to halt or prevent such a discharge; e. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in an Administrative Order, for starting construction, completing construction, or attaining final compliance; f. Failure to provide, within forty-five (45) days of the due date, any required reports such as baseline monitoring reports, ninety-day (90) compliance reports, periodic self--monitoring reports, and reports on compliance with compliance schedules; g. Failure to pay, within thirty (30) days, all applicable industrial user application, permit, and enforcement penalty fees; h. Failure to accurately report non--compliance; or 2.b Packet Pg. 168 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 31 i. Any other violations or group of violations which the SBMWD believes will adversely affect the operation and implementation of the SBMWD pretreatment program. (184) "Single Pass Non-Contact Cooling Water" shall mean water that is used solely for the purpose of cooling, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. (185) "Single Pass Non-Contact Heating Water" shall mean water that is used solely for the purpose of heating, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged. (186) "Slug Discharge" shall mean any non-routine, episodic discharge of wastewater, material or waste with such a high volume or pollutant concentration which will violate any Pretreatment Standard or requirement, or cause damage to, interference with, or pass through in the collection system, WRP, or WRP sludge processes, use, or disposal. (187) "Slug Discharge Control Plan" shall mean a plan submitted by an Industrial User as required in 40 CFR 403.8(f)(2)(v) and SBMC Section 13.32.475(B), which specifies the potential pollutants used and/or stored at the User’s facility; potential pathways the pollutants may enter the POTW, and facilities and procedures for preventing or controlling the occurrence of a Slug Load Discharge to the POTW. (188) "Spent Solutions" shall mean any concentrated non-domestic wastewater, such as plating solutions or static rinses, brine wastewater from the regeneration of water conditioning equipment, which contains concentrations of pollutants, the discharge of which may cause Interference, Pass Through, or a violation of any Pretreatment Standard or requirement. (189) "Spill Containment" shall mean a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw 2.b Packet Pg. 169 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 32 materials, waste materials, chemicals, or finished products to the Storm Drain or POTW. (190) "Standard Methods" shall mean the "Standard Methods for the Examination of Water and Wastewater" prepared and published by the American Public Health Association, American Water Works Association, and Water Environment Federation, which specifies accepted procedures used to assess the quality of water and wastewater. (191) "Storm Drain" shall mean a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pump and lift stations, parking lots, paved areas, streets, and natural water courses used to collect and direct storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basins. (192) "Storm water" shall mean water flowing or discharged as a result of rain, snow, or other precipitation. (193) "Submeter" shall mean a device that measures water consumption of an individual rental unit within a multiple family dwelling unit, multiunit residential structure, or mixed-use residential and commercial structure, and that is owned and operated by the owner of the structure or the owner’s agent. The Water Department will not own, install, maintain, read, test, or be associated in any way with the billing for submeters. (194) "Substantial Completion" shall be deemed by the Water Department Engineer in writing. (195) "Tampering" shall mean acts by persons which cause damage to, or alteration of, or the unauthorized access to Water Department property including, but not limited to, service connections, shut off valves, hydrants, mains, meters, registers, maintenance hole structures, Lift Stations and service locks. Such persons shall be responsible for payment of costs incurred and any and all prescribed by these Rules and Regulations. 2.b Packet Pg. 170 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 33 (196) "Temporary Industrial User" shall mean any user who is granted temporary permission by the Director to discharge wastewater to the WRP for no more than 180 days and is controlled by a Class IV Industrial User Permit. (197) "Temporary Water Service Connection" shall mean an authorized service connection installed at a location not adjacent to the parcel served, i.e., a nonstandard location, and which is subject to removal or relocation at such time as a main is constructed contiguous to the parcel or temporary water service connections for developer-installed projects and shall mean a metered backflow service to supply water through private unconveyed water facilities that have been constructed to a point of substantial completion as defined in these Rules and Regulations. (198) "Total Dissolved Solids (TDS)" shall mean the total amount of nonvolatile residue by laboratory filtration and dried at 180 degrees C. (199) "Total Suspended Solids (TSS)" shall mean the total amount of residue retained by laboratory filtration and dried at 103-105 degrees C. (200) "Total Toxic Organics (TTO)" shall mean the sum of all quantifiable values of the regulated toxic organic compounds which are found in the user’s industrial wastewater discharge. (201) "Toxic Organic Management Plan (TOMP)" shall mean a plan submitted by an Industrial User pursuant to Rule and Regulation No. 26 Subsection 4.16 which specifies the solvents and other toxic organics used and stored, the methods of delivery, storage and disposal; and the procedures for preventing or controlling the discharge of the solvents and toxic organics to the POTW or ground. (202) "Tract" shall meet all provisions of the State of California subdivision Map Act of the State of California, Government Code Sections 66410- 66424.6 and shall be as defined in Division 2, Subdivisions Chapter 2, Maps. 2.b Packet Pg. 171 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 34 (203) "Unpolluted Water" shall mean cooling and heating water, single pass cooling and heating water, air conditioning condensate, ice melt, condensate, groundwater, landscape irrigation, crop irrigation, rain water, and water not containing any substances limited or prohibited by effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards. (204) "Unusual Installation Conditions" shall mean circumstances that include, but are not limited to, the length of the lateral, the type of pavement, anticipated soil or other underground conditions, and the width or travel conditions of the roadway or right-of-way and also those imposed as a result of governmental or property owner actions. (205) "Upset" shall mean an exceptional incident which causes temporary and unintentional non- compliance with the discharge limitations or prohibitions applicable to a user, the WRP, or the RIX and which is beyond the reasonable control of a user, the WRP, or the RIX. (206) "User" shall mean any person, public or private, residential, industrial, commercial, governmental, educational, or institutional which discharges or causes to be discharged, wastewater into the POTW or contracted service area. (207) "Waste" shall mean any discarded solid, semi- solid, liquid, or gaseous material. (208) "Waste Discharge Requirements (WDRs)" shall mean those requirements issued to all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California as ordered by the State Water Resources Control Board in Order 2006-0003-DWQ, or amendments thereto. 2.b Packet Pg. 172 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 35 (209) "Wastehauler" shall mean any person engaged in vehicular transport of domestic liquid wastes to be discharged at the POTW. (210) "Waste Manifest" shall mean the waste hauling receipt which is required to be retained on site by an industrial user for a hazardous, non--hazardous, or pretreatment waste as required by the Director. (211) "Wastewater" shall mean the liquid and water carried domestic waste or non-domestic waste from residential, commercial, industrial, governmental, educational, or institutional facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the POTW. (212) "Water Backbone Infrastructure" consists of the following water facilities: Pump stations, booster stations, reservoirs, transmission pipelines (mains), distribution mains, or other facilities approved by the General Manager. (213) "Water Board" shall refer to the group of up to five Board members for the Water Department as established by the City of San Bernardino Charter Article VI: Section 603, Water and Wastewater. The word "Board" shall have the same meaning. (214) "Water Commitment" shall mean a written commitment from the Water Department to either provide or refuse water and/or sewer service to a specific development on a specific parcel of land. (215) "Water Department" shall mean the City of San Bernardino Municipal Water Department. See also "Department" and "SBMWD." (216) "Water Facility Oversizing Agreement" means an agreement between the Water Department and Applicant approved by the BOWC that shall establish the terms for the cost sharing due to Water Department required oversizing of water facilities. The Water Facility Oversizing Agreement can be either a standalone document or included as part of a Developer-Installed Agreement. 2.b Packet Pg. 173 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 1 NOTICE OF ADOPTION OF RULES AND REGULATIONS AND DEFINITION OF TERMS USED Page 36 (217) "Water Supply" shall mean the water supply serving the area tributary to the collection system of the City or Service Area or WRP. (218) "Waters of the State" means any surface water or groundwater, including saline waters, within the boundaries of the State of California. (219) "Will Serve Letter" shall mean a written document for commitment or refusal of commitment for water and/or sewer service that may be made at the Applicant's request. (220) "Work Order" shall mean a request for work to be conducted by the Water Department. (221) "WRP" shall mean the City of San Bernardino Municipal Water Department Water Reclamation Plant. 2.b Packet Pg. 174 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 6 BILLING PROCEDURES AND PAYMENT OF BILLS 1.0 BILL PAYMENT Water and sewer bills are due and payable at the office of the City of San Bernardino Municipal Water Department (Department) on the date they are mailed to their property owners, tenants, or designated agents. If payment is not received within nineteen (19) days after mailing, the bill will be considered delinquent and a two-dollar ($2.00) delinquency notification fee will be applied to the customer’s account upon generation of the "Reminder" notice. If payment is not received 64 days after the original mailing, a two-dollar ($2.00) delinquency notification fee will be applied to the customer’s account upon generation of the "Shut Off" notice. Should an onsite notification of disconnection of service be posted to the service address where service is provided, a twenty-dollar ($20.00) site notification fee will be applied to the customer’s account. Water service may be discontinued if payment is still not received seventy-nine (79) days after the original mailing, without any additional notice. A customer’s water service may be discontinued with proper notification for nonpayment of a bill for service rendered at a previous location served by the Department, provided said bill is not paid within seventy-nine (79) days of the original mailing. Any payment received by the department shall be applied first to sewer charges, then the water portions of the bill. 2.0 SHUT OFF SERVICE CHARGE If an account is eligible for delinquency-shut off and the work order is sent to the field, a service charge in the amount of fifty ($50.00) dollars will be applied to the customer’s account. Service will not be reinstated until all 2.b Packet Pg. 175 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 6 PAYMENT OF BILLS Page 2 past due charges have been paid, including the service charge plus a deposit as required in Rule and Regulation No. 8. Payment after shut-off may only be made in cash or by credit card. No checks, including e-checks, will be accepted. 3.0 PAYMENT OF SEWER CHARGES WITH WATER SERVICE FEES The sewer charges for any user shall be collected with the charges and rates for water service furnished to the user by the City or other public water purveying agency. *Note: charges for industrial users and liquid wastehauler fees set forth in Rule and Regulation No. 26 are billed separately through the Accounts Receivable Section in the Finance Division. In the event the City or any other public water purveying agency does not furnish water service to the user, then the sewer charges for such user shall be due and payable at monthly intervals in accordance with Department billing schedules. It shall be the duty of the SBMWD, or a designated vendor, to prepare and send monthly bills for all sewer charges for each user. 4.0 LIABILITY FOR UNPAID BILLS Failure to receive a bill does not relieve a consumer of liability for payment. Unpaid bills shall be considered a debt to the City. Any person, firm or corporation failing or refusing to pay said indebtedness shall be liable to an action on the part of the City, for the collection of all unpaid charges. 5.0 CHECKS AND CREDIT CARD PAYMENTS Checks or Credit Card Payments issued as payment for bills will be subject to a thirty ($30.00) dollar charge if returned or charged back to the Department. The most common reasons for returned checks are insufficient funds, stopped payments, closed accounts and unable to locate accounts. Credit Card payments returned as a result of credit card fraud will result in the prohibition of credit card payments for the life of the affected account. Approved by BOWC: March 10, 2020 Effective: April 1, 2020 Supersedes: December 10, 2019 2.b Packet Pg. 176 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 7 MAINTENANCE OF SERVICE CONNECTIONS 1.0 WATER SYSTEM Water Department water meters are routinely serviced and maintained during normal business hours. Such routine service and maintenance may cause a total shutdown of the services located on a site. The Water Department shall notify all affected customers within a reasonable time frame prior to the scheduled shutdown except for emergency situations. Service connections, including laterals, meters, boxes, shutoff valves, and other appurtenances, shall be and remain the property of the Water Department. Upon acceptance of the installation by the Water Department, the Water Department shall be responsible for the maintenance and repair of such facilities up to and including all appurtenances between service lateral tap on the public water main to the customers shutoff valve on the customer's side of the meter, subject to any agreements covering the installation of such facilities. All pipe and fittings beyond the customer's side of the shutoff valve downstream of the meter or outside of the meter box and all facilities within the customer property shall be installed by and maintained by the property owner. Any entry into, or work, including but not limited to operation, maintenance, repair, or relocation of Water Department property by any unauthorized person is expressly prohibited. 2.0 SEWAGE SYSTEM 2.1 Maintenance of Private Sewer Laterals Inoperative private sewer laterals, including the portion in the portion within the public right of way, shall be maintained in good condition (and free of defects) by the User. Inoperative private sewer laterals constituting a “nuisance,” as that term is defined in California Health and Safety Code section 5410, shall be subject to the regulations outlined by Health and Safety Code sections 5410 through 5416 and such regulations shall be enforced by the City’s Public 2.b Packet Pg. 177 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 7 MAINTENANCE OF SERVICE CONNECTIONS Page 2 Works Department. All such maintenance and repairs shall be performed at the User’s own expense, and they shall be liable for all damages, which may result from failure to do so. Users shall comply with all requirements under the San Bernardino Municipal Code and applicable Rules and Regulations of the SBMWD prior to excavating anywhere within the public right- of-way for the purpose of maintaining and/or repairing the User’s private sewer lateral. The repair of inoperative private sewer laterals is also addressed in Chapter 13.08 of the San Bernardino Municipal Code. 2.b Packet Pg. 178 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 9 WATER AND SEWER USED WITHOUT PROPER APPLICATION BEING MADE 1.0 WATER USAGE When a customer takes possession of or occupies a parcel with an active water service, customer shall notify the Water Department within twenty-four (24) hours of their occupancy of the parcel. A person, firm or corporation taking possession of a parcel and having beneficial use of water from an active service connection without having made proper application to the Water Department through Rule and Regulation Nos. 5 and 13, shall be held liable for water delivered from the date of the last recorded meter reading. If the meter is found inoperative, the quantity of water consumed will be estimated. If proper application for water service is not made upon notification to do so by the Water Department within five (5) calendar days of taking possession or occupying the parcel, and if outstanding fees for service are not paid immediately, a disconnect service work order will be issued by the Water Department terminating said service until all fees and charges are paid in full in accordance with these rules and regulations. 2.0 FEES DEEMED DEBT The amount of any sewer connection/capacity fees or charges shall be deemed a debt owing to the SBMWD, and any person who connects to a sewer main without having paid the connection/capacity fees or charges in full as provided in Rule and Regulation No. 5, or any portion thereof, shall be liable in an action brought in the name of the City in any court of competent jurisdiction for the amount of such fee, attorney fees and court costs. The conviction and punishment of any person for connecting to a sewer main without obtaining a permit to do so shall not relieve such person from paying the connection/capacity fees and charges due and unpaid at the time of such conviction, nor shall the payment of any connection fee/charge prevent a criminal prosecution for the 2.b Packet Pg. 179 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 9 WATER AND SEWER USED WITHOUT PROPER APPLICATION BEING MADE Page 2 violation of any of the provisions of this Rule and Regulation. All remedies prescribed under this Rule and Regulation shall be cumulative, and the use of any one or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Rule and Regulation. Revised: July 11, 2006 Approved by BOWC: July 25, 2006 Effective: August 1, 2006 Supersedes: February 20, 1961 2.b Packet Pg. 180 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 S “E” St. San Bernardino, California 92408 The City of San Bernardino Municipal Water Department (Department) can be contacted by phone at (909) 384-5095 to discuss options for averting discontinuation of water service for nonpayment under the terms of this Rule and Regulation. This Rule and Regulation will be made available on the Department’s website in the following languages: English, Spanish, Korean, Vietnamese, Tagalog and Chinese (Mandarin). A. Acquisition of Service (Water and Sewer): 1. As defined in Rule and Regulation No. 5, a customer request for service through an existing service connection will be charged a forty dollar ($40.00) account establishment fee. 2. All applications received on a business day will be connected the next business day. 3. A fee of one-hundred fifty dollars ($150.00) will be charged for a same business day after- hours service connection. Payment is required at the time of request. That fee will be refunded if, at the discretion of field staff, the after-hours service connection cannot be completed without safety risks to employees. 4. Any request for service is subject to the terms of Rule and Regulation No. 8, Application for Service, Credit, and Deposit. B. Discontinuance of Service at Customer Request 1. Service may be discontinued at the customer’s request at no charge. 2. Upon receipt of customer’s request, the Department will take a final meter reading and discontinue service within one business day. 3. The Department will temporarily discontinue water service without charge to internal plumbing of a residence when emergency repairs are necessary. Upon notification that repairs are complete, the Department shall restore water service without charge. C. Discontinuance of Service – Other: 1. Service may be discontinued by the Department for various reasons, including but not limited to: a. diversion or theft of service; RULE AND REGULATION NO. 10 ACQUISITION, DISCONTINUANCE AND RESTORATION OF SERVICE 2.b Packet Pg. 181 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 2 of 5 b. non-compliance with rules and regulations; c. nonpayment of past due bills; d. reasonable access denied to Department; e. unauthorized use of service; f. unsafe or illegal apparatus; g. use of service to the detriment of others; h. vacating premises without notification to the Department; or i. violation of law or code 2. The Department will not discontinue service: a. On any Saturday, Sunday, legal holiday or the last business day of the week. b. During a pending dispute between the customer and Department, provided that the Department determines that resolution of the dispute is reasonably foreseeable. c. After incorrect billing by the Department, provided that the Department agrees that the billing is incorrect. d. When discontinuation of service will likely cause detriment to the health of the customer and if said customer provides: i. certification from a licensed physician that discontinuation of water service will cause a detriment to health; and ii. an installment arrangement to bring the account current. 3. Written Disconnection Notice a. The Department will mail a disconnection notice fifteen (15) days prior to disconnection of a service for non-payment of bills. Every good faith effort will be made to contact the customer via telephone should the written notice be returned by the post office. b. If the Department is unable to reach a customer via telephone, then written notice will be posted on the property. c. All discontinuation notices shall contain the following: i. Customer’s name ii. Service address iii. Amount Past Due iv. Date by which payment or, payment arrangements are required to avoid disconnection of service v. Description of the process for payment arrangements vi. Description of the process to dispute or appeal a bill vii. Direct phone number and weblink to the Department’s Discontinuance and Restoration of Service Policy (this policy) D. Alternative Payment Arrangements for Delinquent Bills 2.b Packet Pg. 182 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 3 of 5 1. Any customer who is unable to pay for water service within the normal payment period allowed may request an alternative payment arrangement to avoid disruption of service if all of the following conditions are met: a. A primary care provider certifies that the discontinuation of water service will pose a serious or potentially fatal threat to a resident. The primary care certification must have been signed and dated within the last six months. b. The customer demonstrates inability to pay. A customer can demonstrate an inability to pay based on the receipt of certain public assistance by someone in the household, or a declaration from the customer that the household is below 200 percent of the federal poverty level. c. The customer is willing to enter into an alternative payment arrangement 2. Payment arrangements that extend into the next billing period are considered an amortization (payment) plan, which must be in writing and signed by the customer of record. a. A payment plan will amortize the unpaid balance over a period defined by the Department, not to exceed 12 months from the original date of the bill. The amortized payments will be combined with, and subject to the due date of, the customer’s regular bill. b. The customer must comply with the terms of the payment plan and remain current as charges accrue in each subsequent billing period. c. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to a payment plan. 3. Failure to comply with the terms of a payment plan will result in the issuance of a written disconnection notice. The disconnection notice will be in the form of a door hanger delivered to the premises no less than five (5) business days in advance of discontinuance of service. E. Restoration of Service: 1. A customer whose service is discontinued for any reason under paragraph C.1 above may be required to pay a deposit, as set forth in Rule and Regulation No. 8, and pay delinquency charges, as set forth in Rule and Regulation No. 6, for each incident during which the service was discontinued. In addition, the customer is responsible for payment of all bills, fees and charges. In the case of services that have been illegally restored or damaged due to tampering, the customer will pay for all damage to Department property. The customer is responsible for all damage whether or not the service is restored. a. Legal tenants at property where service has been disconnected for nonpayment in the name of the property owner or his/her authorized agent may establish accounts and assume responsibility for future bills. Tenants 2.b Packet Pg. 183 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 4 of 5 can become a customer by establishing an account either individually or with other occupants on the same property providing a deposit is paid, and proof of legal tenancy is provided to the Department. Current unpaid bills remain the responsibility of the current accountholder. 2. A fee of one-hundred fifty dollars ($150.00) will be charged for a same business day after-hours service restoration. That fee will be refunded if, at the discretion of field staff, the after-hours service restoration cannot be completed without safety risks to employees In addition to all fees above: a. In the event water service is found to be unauthorized and the locking device used to discontinue service is found damaged, missing or tampered with, a $200.00 fee will be assessed. The cost for repair or replacement of the damaged equipment will be added to the $200.00 fee, and all must be paid prior to the restoration of water service. b. In the event there is illegal or unauthorized use of water due to the installation of a straight pipe or any other method of connecting to the water system illegally or without Department authorization, a penalty will be assessed based on meter size. That penalty is two hundred and fifty dollars ($250.00) for a meter size two inches or smaller, and five hundred dollars ($500.00) for a meter size greater than two inches. This penalty, plus outstanding bills, including estimated unauthorized water consumption and damaged equipment costs, must be paid prior to the restoration of water service. F. Disputed Bill Procedure 1. If you believe your bill is incorrect, please contact Customer Service within 10 days of receiving your bill. a. You may visit our office during regular business hours or call the Customer Service line at (909) 384-5095 for an explanation of your bill. b. If you disagree with the explanation you may ask to speak to a supervisor. c. If the matter remains unsettled, you may apply for a management review by sending a written requested to: Administrative Services Manager, P.O. Box 710, San Bernardino, CA 92402. d. Your service will not be subject to disconnection while your dispute is under review. e. Within fourteen business days of receipt of your dispute, a final resolution and explanation will be provided to you. G. Capping Sewer Laterals 1. The General Manager is hereby authorized to issue sewer capping permits upon the payment of a fee set by resolution of the Water Board. 2.b Packet Pg. 184 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 10 Acquisition, Discontinuance and Restoration of Service Page 5 of 5 2. When a sewer capping permit has been issued, the SBMWD Collections Section will schedule for capping and will cap the sewer lateral. The issuance of the permit gives the SBMWD Collections Section and contractors necessary to perform the work the authority to enter onto the private property of the requesting party to perform the required work. 3. Upon completion of the capping work, a sewer capping receipt number should be issued to the Development Services Department as set forth in SBMC Section 13.08.105. Approved by Water Board: March 10, 2020 Effective: April 1, 2020 Supersedes: December 10, 2019 2.b Packet Pg. 185 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 20 APPLICATION FOR WATER AND WASTEWATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS 1.0 GENERAL CONDITIONS FOR INSTALLATION OF WATER FACILITIES Any work on Water Department facilities, including, but not limited to the installation of new service connections, water or sewer main, backflow prevention devices and associated appurtenances (water facilities), relocation or removal of existing facilities, not contracted for directly by the Water Department, shall comply with the requirements of this section. All work shall be submitted for review, required fees, and charges paid and approved in writing by the Water Department prior to the time the work is started. A main extension (water and/or sewer) shall be required whenever useable main is not directly adjacent to the proposed parcel or development requiring water and/or sewer service, or when the adjacent main cannot meet the needs of the proposed development per Rule and Regulation Nos. 13 or 25. An Applicant who desires to have Water and/or Sewer Improvement Plans reviewed and approved by the Water Department and subsequently enter into a Developer-Installed Agreement shall complete the Application For Developer- Installed Agreement/Water and/or Sewer Plan Review attached as Exhibit A and pay all applicable application and plan check fees. A separate landscape irrigation meter shall be required for all new service connections that serve a parcel containing more than 5,000 square feet of irrigated landscape area for all commercial and industrial developments. 2.0 COMPLIANCE WITH SPECIFICATIONS Main extensions (water and/or sewer), service connections, sewer laterals, and appurtenances shall be constructed by a contractor properly licensed by the State of California to 2.b Packet Pg. 186 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 2 conform with all Water Department specifications, standards, and procedures, Ordinances, Rules and Regulations, and Building Codes which are in effect at the time the water and/or sewer plans are received for Water Department approval. In addition to all such specifications, standards, and procedures, Ordinances, Rules and Regulations, and Building Codes, the following requirements shall be met: A. All new water facilities shall be disinfected and tested to the satisfaction of the Water Department before connecting the new mains to existing mains. B. Connections to existing mains (water or sewer) shall be made by the Water Department, or a contractor contracted by the Water Department, under the supervision of an SBMWD-authorized inspector. C. Existing water and/or sewer mains shall not be taken out of service for the purpose of making new connections when other options are feasible. Hot taps are typically feasible for water mains. Live installation of sewer lateral connections is typically feasible for sewer mains. Water and sewer mainsm may only be taken out of service with the specific approval of the Water Department. 3.0 EXTENSIONS OF WATER BACKBONE INFRASTRUCTURE Extensions of water or sewer backbone infrastructure to developments or lands shall be made by either the Applicant or the Water Department as determined solely by the Water Department, as follows: A. A Developer-Installed Agreement will be executed by the General Manager prior to or after tract or parcel map recordation. If a Developer-Installed Agreement is executed prior to map recordation, permanent connection to Water Department facilities will not be allowed until the tentative tract or parcel map is recorded by the County of San Bernardino. If a Developer-Installed Agreement is executed following map recordation with the County of San Bernardino, conveyance of title of the water facilities and 2.b Packet Pg. 187 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 3 connection to the Water Department distribution system will be allowed if all Developer-Installed Agreement items are satisfied and the requirements of Section 3.0 of this rule and regulation are satisfied. B. If the water or sewer backbone infrastructure is to be made by the Applicant, it shall submit to the Water Department for approval Water and/or Sewer Improvement Plans and Specifications prepared by a qualified professional engineer licensed in the State of California for plan check and approval per the procedures outlined in this Rule and Regulation and standards outlined in the latest Water Department's Design and Construction Standards. (1) If the Water Department requires water and/or sewer facilities to be oversized, the Water Department reserves the right to require the Applicant to submit at least three itemized bids for the work from contractors duly licensed (Class A or C-34) by the State of California, qualified, bondable, and experienced in the type of work involved and acceptable to the Water Department. In the event the Water Department is not satisfied with the bids submitted, it reserves the right to require the plans to be revised and/or modified and then rebid one additional time. When a final bid is accepted by the Water Department, the Developer-Installed Agreement shall be executed by the General Manager subject to the Applicant satisfactorily completing all Developer-Installed Agreement action items. C. If the Water Department elects to make an extension of the water and/or sewer backbone infrastructure, either by request of the Applicant or sole discretion of the Water Department, the Water Department will proceed with preparation of engineering plans and construction as expeditiously as its work schedule permits. Prior to issuing the specification for public bidding, the design fees and construction cost estimates for the Developer- required facility size plus 15 percent will be determined by the Water Department and be required to be deposited by the Applicant with the Water Department prior to advertising the specification for public bidding. The final cost of the work shall be the basis for the determination and calculation of refunds due to the Water Department or Applicant under Section 7. 2.b Packet Pg. 188 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 4 D. Connections to Water Department water and/or sewer mains shall conform to the latest applicable SBMWD Standard Drawing. 4.0 ADMINISTRATIVE FEES FOR WATER OR SEWER BACKBONE INFRASTRUCTURE REQUESTS The Applicant who desires a Developer-Installed Agreement with the Water Department pursuant to Section 2.0 shall pay the following fees and expenses that are due and payable prior to execution of the agreement: A. Applicable application fee noted on the Application for Developer-Installed Agreement/Water and/or Sewer Plan Review Technical Information form attached as Exhibit A. B. An engineering evaluation fee of one thousand dollars ($1,000.00) for costs incurred by Water Department for research necessary for water and/or sewer backbone infrastructure extensions. C. A plan check fee of $1.00 per linear foot of water and/or sewer main extension, if Water Department personnel perform the plan check. If the plan check is performed by a Water Department contracted professional consultant at the discretion of the Water Department, Applicant shall be responsible to pay for all costs and expenses incurred by the Water Department including the consultant's plan checking fee. Applicant shall be required to pay the plan check fee associated with the contracted consultant prior to beginning the plan check. D. Construction inspection fee for water backbone infrastructure by the Water Department and/or professional construction inspection consultant retained by the Water Department on an as-needed basis will be required prior to inspection of a project. Applicant shall be responsible to pay all costs and expenses incurred by the Water Department including any inspection consultant's fees. Applicant shall be required to pay the estimated inspection costs associated with the contracted consultant prior to beginning inspections. E. All fees associated with Department connection of developer-installed main extensions and removal of 2.b Packet Pg. 189 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 5 temporary water service connections with installation of fire hydrants pursuant to the latest SBMWD Standard Drawing shall be paid by the Developer. F. The deferment of capacity charges only apply to developer-installed agreements for residential housing tracts (not industrial, commercial, or public entity main extensions). The industrial, commercial, or public entity shall pay all capacity charges prior to receiving an executed Developer-Installed Agreement. The Water Department will not allow beneficial use of any water, sewer collection, or sewer treatment service until all fees including capacity charges are paid in full. There may be ana exception ifif the Applicant for a residential housing tract indicates at the time of application the desire to defer capacity charges. Under these circumstances, a Payment Bond shall be posted with the SBMWD as the beneficiary in the amount of 25 percent of the project's capacity charges and be included in the developer-installed agreement. This bond is to remain in place until all capacity charges are paid in full. G. All fees listed above including any additional fees documented in the Cost Letter or Cost Invoice shall be paid in full prior to executing a Developer-Installed Agreement. 5.0 COST OF WATER OR SEWER BACKBONE INFRASTRUCTURE TO BE INITIALLY ADVANCED BY APPLICANT The cost of all water and/or sewer backbone infrastructure shall be advanced by the Applicant requesting the infrastructure if the Applicant constructs the water backbone infrastructure or Applicant agrees to allow the Water Department to install the water infrastructure as outlined in Section 3.0, paragraph C of this Rule and Regulation.The Water Department will enter into a Water and/or Sewer Facility Oversizing Agreement that will provide for repayment to the cost of any oversized portion of the water and/or sewer backbone infrastructure lying between the original point of supply and the Applicant’s property. Payment for oversized facilities will be as determined according to the provisions of Section 7. Any oversizing costs that are the responsibility of the Water Department must be based upon an oversizing prorated 2.b Packet Pg. 190 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 6 percentage or estimated oversizing cost for each oversized water facility prior to construction and outlined in the Water Facility Oversizing Agreement approved by the Water Department and the Water Board. The Water and/or Sewer Facility Oversizing Agreement shall define the boundaries of the proposed special oversizing area; the type, extent and general route of the water and/or sewer backbone infrastructure to be constructed; and the methods for calculation of the actual oversizing costs to be collected and refunded to Applicants who advance the construction costs. 6.0 AMOUNT OF APPLICANT ADVANCE For extensions made by the Applicant, it shall be the amount of the actual cost of the work. For extensions made by the Water Department on behalf of the Applicant, it shall be the amount of the deposit made by the Applicant as defined in Section 3.0, paragraph C. .The final cost of the work shall be the basis for the determination and calculation of the frontage fee due by other Applicants making connection to said extension per Section 7.0 of this rule and regulation. 7.0 REFUND PROCEDURE Payment of a refund under a Developer-Installed Agreement for oversized water and/or sewer backbone infrastructure shall be submitted in writing, accompanied by all other documentation as required by the Water Department, to the General Manager within ninety (90) days of the execution of the Conveyance Agreement transferring title of the infrastructure to the Water Department. Refunds as allocated thereto to an Applicant will only be made for oversized water and/or sewer backbone infrastructure systems and facilities that service areas not only of the Applicant, but areas of others as well, and as previously approved by the Board. A. Final costs that are eligible for frontage fee are as follows: (1) Actual labor, material, equipment, and tools construction costs (including administration and safety and traffic control measures). Documentation must be submitted to the Water Department specifically itemizing the above costs 2.b Packet Pg. 191 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 7 if Applicant installs the water or sewer facilities under a Developer-Installed Agreement. B. Frontage Charge for Water and/or Sewer Service from Water Department Financed Water and/or Sewer Main Extensions: All Applicants for water and/or sewer service from a water or sewer main installed and financed by the Water Department on or after June 1, 1977, where no mains were previously in service, shall pay all applicable charges and fees for water and/or sewer service and one-half (1/2) of the per lineal foot charge in effect at the time of construction for water and/or sewer service as described in Section 3.0, paragraph C for all parcel footage adjacent to and requesting water and/or sewer service. Should the applicant request water or sewer service for a parcel adjacent to both sides of the Water Department financed water or sewer main, the applicant shall pay the full per lineal foot charge as described in Section 3.0. C. Frontage Charge for Water and/or Sewer Service From Applicant Financed Water Main Extensions: Refunds will be made from fees collected from other Applicants or the Water Department whose properties are served by the water and/or sewer backbone infrastructure system or facility and shall be paid to the Applicant semi--annually. The Water Department will implement a provision that over a period of ten (10) years from the date conveyance of the water and/or sewer infrastructure to the Water Department, the Water Department will refund semi- annually to the Applicant, or his assignee, the water and/or sewer main frontage charges that are collected from other Applicants requiring service from the Applicant's water and/or sewer main extension paid for by the Applicant. Any balance remaining on deposit at the expiration of said ten-year period shall become the property of the Water Department. (1) This provision for collection and refund will apply when a new Applicant requests permission to connect to the facilities providing service from the water and/or sewer backbone infrastructure covered in the 2.b Packet Pg. 192 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 20 APPLICATION FOR WATER BACKBONE INFRASTRUCTURE, RESERVOIRS, PUMP STATIONS, TRANSMISSION MAINS, NEW SOURCES OF SUPPLY, AND/OR SEWERS Page 8 Developer--Installed Agreement for facilities installed and financed by a previous Applicant, where no facilities were previously in service. D. Refund Deductions For Defects: In the event any expense is incurred by the Water Department due to defective materials or workmanship on any backbone infrastructure work installed by the Applicant, within a period of one (1) year after conveyance to the Water Department, the amount of expense shall be deducted from any refunds that may become due to Applicant thereafter. 8.0 CONSTRUCTION TO CONFORM TO WATER DEPARTMENT STANDARD SPECIFICATIONS All systems and facilities to be constructed shall conform to the Water Standard Specifications and Drawings for Construction of Domestic Water Systems or the Sewer Collection Standard Specifications and Drawings for Construction of Sanitary Sewer Systems, approved by the Director of Water Utility, Director of Water Reclamation, and Engineering Manager, latest edition. Approved by Board: March 10, 2020 Effective: October 23, 1980 Effective: April 1, 2020 Supersedes: September 16, 2008 2.b Packet Pg. 193 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Page 1 of 4 EXHIBIT A RULE AND REGULATION NO. 20 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/WATER PLAN REVIEW TECHNICAL INFORMATION Please allow 3 to 4 weeks for Response to Application for Developer-Installed This is the application for water plan review by the San Bernardino Municipal Water Department and must accompany the plan submittal along with the required application fee. Provide accurate and complete information as requested. DO NOT LEAVE ANY ITEM BLANK. Inaccurate or incomplete applications will not be accepted and will cause delay in the review process. Date: PROJECT TITLE & LOCATION: PROJECT INFORMATION: Utility to be Improved: Water □ Sewer □ Number of Lots/Units: ___________ Gross Acres: ___________ Irrigated Landscape Area: ___________ Sq. Ft. Number of Services: _______________ □ Individual Meters □ Master Metered Is this property served by a well or other source of water? □ Yes □ No (If yes, is well to be abandoned?) □ Yes □ No Commercial □ Industrial □ Residential □ Other □ BUILDING PERMIT APPLICATION INFORMATION: (If Applicable) City Plan Review #: _______________ Number of Buildings: _______________ Total Square Feet: ____________________________ (Largest building or area separated by 4-hour firewall) Tallest Building Height: _______________ Construction Type Per Uniform Building Code, Table 6-A: _______________________________________________ Water Supply Assessment Required: □ Yes □ No (Water Code 10910) FIRE FLOW DATA: TOTAL FIRE FLOW REQUIREMENTS: _______________ GPM DURATION: ________________ (HOURS) Total fire flow requirements are based on the building size or largest area between 4-hour fire walls and the type of construction in accordance with the UBC Table 6A & UFC Table III-A-A. (Consult with Fire Department having jurisdiction) ONSITE FIRE FLOW REQUIREMENTS: (To be provided by the DCDA's or FIRE SERVICE METERS) A. Onsite fire hydrant requirements = _________________________ GPM B. Building fire sprinkler requirement s = ________________________ GPM C. Onsite fire pump for sprinklers required: □ Yes □ No If Yes: Rated capacity of the fire pump = _______________GPM x 150% = _______________GPM NOTE: If onsite fire pumps are required, test flow requirements are normally 150% of pump rated capacity. (Consult with Fire Department having jurisdiction) D. Onsite fire flow = __________GPM (The higher of item A, B, or C) FOR SBMWD USE ONLY HYDRAULIC ANALYSIS: Is a hydraulic analysis required in accordance with the Design and Construction Standards Section 2: □ No □ Yes (If yes, date submitted____________________ ) SBMWD USE ONLY EPN #:_________________________ Project #: WF-___ ___--___ ___ ___ Entered By:_ Date: __________________________ Assigned to: ____________________ 2.b Packet Pg. 194 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Page 2 of 4 EXHIBIT A RULE AND REGULATION NO. 20 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/WATER PLAN REVIEW TECHNICAL INFORMATION (continued) ENGINEERING FIRM INFORMATION: Engineering Firm: _______________________________________________________________________________ Print Name Address State Zip Contact Person: ________________________________________________________________________________ Print Name Phone ________________________________________________________________________________ SIGNATURE OF REGISTERED PROFESSIONAL ENGINEER (CALIFORNIA PE#___________________) ___________________________________________________________________________________________ PRINT NAME OF PROFESSIONAL ENGINEER SBMWD USE ONLY Project #: WF-___ ___--___ ___ ___ 2.b Packet Pg. 195 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Page 3 of 4 EXHIBIT A - RULE AND REGULATION NO. 20 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT DEVELOPER/PROPERTY OWNER APPLICATION FOR DEVELOPER-INSTALLED AGREEMENT/ WATER PLAN REVIEW This completed form is required for water plan review by the San Bernardino Municipal Water Department and must accompany the plan submittal along with the Technical Application and required application fee. Do not leave any item blank. A space for additional information or explanations is provided on the reverse side of this form. SECTION 1 - PROJECT INFORMATION Enter title as shown on the water plan. List all parcel numbers involved in the development. Indicate the type of project being developed using the codes on the reverse side. Project Title & Location: ___________________________________________________________________________________________ Assessor's Parcel Numbers: _______________________________________________________________________________________ Type of Development Land Use Codes: ______________ ______________ Use code from reverse side (From latest City of San Bernardino General Plan) SECTION 1 - PROJECT INFORMATION CHECK IF SUBMITTING REVISED INFORMATION □ Provide information on individual or entity responsible for development of project. Do not list contractor or Construction Company hired to perform work. Any refunds due on project will be returned to the Developer. If Developer will change prior to project approval, please check here □ and provide that information in the explanations area on reverse side of this form. Developer Name: __________________________________________________________Tax ID# _________________________________ Developer Address: ________________________________________________________________________________________________ Number/Street City State Zip Code Telephone: ________________________________ Contact Name: _________________________________________________________ Type of Organization: □ INDIVIDUAL □ CORPORATION □ PARTNERSHIP □ LIMITED LIABILITY COMPANY (LLC) □ GOVERNMENT Name and title of persons authorized to bind the organization and will sign construction agreement: ______________________________________________ __________________________________________________ (NAME) (TITLE) ______________________________________________ __________________________________________________ (NAME) (TITLE) SECTION 3 - PROPERTY OWNER INFORMATION CHECK IF SUBMITTING REVISED INFORMATION □ Property owner as recorded with the San Bernardino County Assessor's Office. If property ownership is in the process of transfer, or will be transferring in the near future, provide explanation on reverse side of form. If property recently transferred, provide copy of the deed. Property Owner Name: __________________________________________________________Tax ID# _____________________________ Property Owner Address: _________________________________________________________________________________________________________ Number/Street City State Zip Code Telephone: ___________________________________ Contact Name: ______________________________________________________ Type of Organization: □INDIVIDUAL □CORPORATION □PARTNERSHIP □LIMITED LIABILITY COMPANY (LLC) □GOVERNMENT Name and title of persons authorized to bind the organization and will sign construction agreement: ______________________________________________ __________________________________________________ (NAME) (TITLE) ______________________________________________ __________________________________________________ (NAME) (TITLE) Acknowledgement: The information listed on this form will be used to prepare the Developer-Installed Agreement, service applications, and any other required documents. Projects may be delayed or rejected if the information is not corrected. DEVELOPER: _____________________________________________________ __________________________________________ Signature Date _____________________________________________________ __________________________________________ Print Name Title SBMWD USE ONLY Project #: WF-___ ___--___ ___ ___ 2.b Packet Pg. 196 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Page 4 of 4 Explanations: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ LAND USE CODES RESIDENTIAL INDUSTRIAL RE = Residential Estate OIP = Office Industrial Park RL = Residential Low IL = Industrial Light RL-3.5 = Residential Low IH = Industrial Heavy RS = Residential Suburban IE = Industrial Extractive RU = Residential Urban UBP-1 = University Business Park-1 RM = Residential Medium CCS-2 = Central City South-2 RMH-20 = Residential Medium High/20 RMH = Residential Medium High PUBLIC/QUASI-PUBLIC RH = Residential High PFC = Publicly Owned Flood Control COMMERCIAL PF = Public Facilities RR = Railroad CO = Commercial Office CG-1 = Commercial General OPEN SPACE CG-2 = Commercial General-2 CG-3 = Commercial General-3 PP = Public Parks CCS-1 = Central City South-1 OS = Open Space UBP-2 = University Business Park-2 PCR = Public/Commercial Recreation UBP-3 = University Business Park-3 CR-1 = Commercial Regional-1, Regional Malls CR-2 = Commercial Regional-2, Downtown CR-3 = Commercial Regional-3, Tri-City Commercial CR-4 = Commercial Regional-4, Auto Plaza CH = Commercial Heavy NONREFUNDABLE DEVELOPER-INSTALLED APPLICATION FEE: $750.00 2.b Packet Pg. 197 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 21 GENERAL WATER AND SEWER SERVICE RATES AND CHARGES 1.0 WATER SERVICE AND WATER RATES The following rates shall be charged for all water furnished for domestic, commercial, industrial, and municipal water use within the City of San Bernardino and unincorporated San Bernardino County areas within the Water Department’s service area, and for any other purpose for which no rate is specified. 1.1 Minimum Monthly Charge All users will be assessed a minimum monthly charge to recover fixed costs, such as meter replacement, customer service, mailing costs, bill payment, and debt service. The rates will be as follows: Meter Size October 1, 2016 July 1, 2017 July 1, 2018 1/2 inch or 5/8 inch $16.09 $19.58 $23.39 3/4 inch $20.15 $24.51 $29.28 1 inch $28.19 $34.30 $40.98 1-1/2 inch $48.40 $58.88 $70.35 2 inch $72.60 $88.32 $105.52 3 inch $129.12 $157.06 $187.66 4 inch $197.36 $240.07 $286.63 6 inch $411.68 $500.78 $598.33 8 inch $653.88 $795.40 $950.34 10 inch $936.44 $1,139.12 $1,361.01 2.b Packet Pg. 198 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 2 1.2 Commodity Charge This charge recovers water production and treatment costs, as well as associated variable costs of the Department. This rate is charged per hundred cubic feet (hcf) of water sold. Commodity Charge per hcf October 1, 2016 July 1, 2017 July 1, 2018 $1.15 $1.15 $1.15 1.3 Replenishment Charge This charge recovers the cost of water purchased to replenish the local basin and may be adjusted up or down, depending upon the amount of replenishment required. This rate is charged per hundred cubic feet (hcf) of water sold. Replenishment Charge per hcf October 1, 2016 July 1, 2017 July 1, 2018 $0.11 $0.14 $ 0.17 1.4 Elevation Change This charge recovers electrical costs to transport water through the system and is specific to each zone. The electricity cost incurred at plant facilities within each elevation level is distributed across water usage within that zone. This rate is charged per hundred cubic feet (hcf) of water sold. Elevation Zone October 1, 2016 July 1, 2017 July 1, 2018 Zone 1 $0.11 $0.11 $0.11 Zone 2 $0.19 $0.19 $0.19 Zone 3 $0.17 $0.17 $0.17 Zone 4 $0.14 $0.14 $0.14 Zone 5 $0.23 $0.23 $0.23 Zone 6 $0.23 $0.23 $0.23 Note: The Energy Surcharge previously collected is now included in this Elevation Charge. 1.5 Conservation Charge and Tiers To encourage conservation, customer accounts placing a greater demand on the water system will be assessed a higher cost. Initially, customers using in excess of their class average by service size listed below will pay a higher rate for water usage that falls in the second tier. To encourage greater conservation over a longer period of time, each tier 2.b Packet Pg. 199 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 3 and charge will adjust annually. This rate is charged per hundred cubic feet (hcf) only on that usage above the level defined in the tier table below. Revenues recovered from these charges will fund conservation programs sponsored by the Department. Conservation Charge per hcf October 1, 2016 July 1, 2017 July 1, 2018 $0.49 $0.49 $0.49 All usage in hundred cubic feet (hcf) in excess of that listed below, by class, is billed the conservation charge. As an example: As of July 1, 2012, residential use equal to or below 32 hcf in a monthly billing period will not be assessed an additional conservation charge. However, each hcf billed above 32 will be assessed an additional 49¢ per hcf. The table below indicates the hcf cutoff for each customer class by meter size. Conservation Tiers January 1, 2012 Residential 32 MDU (2) 42 MDU (2+) per unit 17 Non-residential 5/8” 24 Non-residential 3/4” 36 Non-residential 1” 65 Non-residential 1--1/2” 150 Non-residential 2” 250 Non-residential 3” 740 Commercial 5/8” 42 Commercial 3/4” 55 Commercial 1” 130 Commercial 1-1/2” 275 Commercial 2” 445 Commercial 3” 875 Commercial 4” 2,400 Commercial 6” 9,000 2.b Packet Pg. 200 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 4 1.6 Assessment District Charge Water furnished to the City for landscape assessment districts or funded from other than the City’s General fund will be charged the following rate per hundred cubic feet (hcf) of water sold. Assessment District Charge per hcf October 1, 2016 July 1, 2017 July 1, 2018 $0.45 $0.45 $0.45 1.7 Unmetered Charge A “jumper” may be substituted for a water meter during single or multi-family housing construction at a charge of $50 per month for a maximum of 120 calendar days or until the lot landscaping begins. Thereafter, a water meter shall be installed subject to all fees and charges as listed above prior to the issuance of a certificate of occupancy. Water used for tract grading and jetting of trenches is not covered in the above charge and is subject to the fees and charges listed in Rule and Regulation No. 16. 1.8 Surcharge – Outside City Limits Any service installed outside the incorporated territory of the City after February 1, 1991, may be billed the meter charge and all required consumption related charges as set forth in this Rule and Regulation, multiplied by 1.5. 1.9 Water Supply Shortage Rates To comply with State of California mandates, the City of San Bernardino Municipal Water Department shall implement the following procedure in response to drought or water supply shortage declarations or similar service interruptions in the delivery of water to its customers. During any drought or water supply shortage condition, the Department’s General Manager may declare any one of four shortage level responses with ratification by the Board of Water Commissioners (Board) within three calendar days. A declaration of a water supply shortage may result from: A. Interruption of service through major plant failure.. 2.b Packet Pg. 201 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 5 B. Interruption of replenishment water from various resources. C. Rainfall level at twenty-five percent (25%) or more below normal levels for at least six months. D. A natural disaster or other emergency event. E. Emergency regulations by the State Water Resources Control Board (SWRCB), the Department of Water Resources (DWR), and/or Executive Order(s) from the Governor’s office. Stage I (Voluntary Restrictions) incurs no financial penalties but requires an ongoing commitment to a water conservation program. During Stage I, the Department shall: A. Offer educational resources and landscaping classes. B. Offer rebate programs for water smart appliances and other water saving devices. C. Encourage voluntary conservation through continued media announcements. D. Request the City Manager to direct city parks, facilities and golf courses to restrict landscape watering to off-peak hours to reduce demand on the water system and eliminate the 60% evaporation rate during daytime watering. E. Provide reminder notices regarding noted water waste. F. Offer community outreach programs. Due to the continuous conservation efforts required to preserve San Bernardino’s water supply in the region’s arid climate, Stage I will be maintained at all times. Stage II (Mandatory Restrictions) will impose a five percent (5%) reduction in water usage and assess financial penalties on usage in excess of those amounts. A base allowance for each customer will be established based upon their 2013 calendar year’s water usage. A ten percent (10%) surcharge will be applied to each billing unit that exceeds the (5%) required reduction in base allowance. Where the customer does not have consumption history from 2013, 2.b Packet Pg. 202 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 6 then the Department shall use the customer’s rate/class consumption average, by meter size, as the benchmark. As an example: A customer used 20 billing units in August 2013. During a Stage II five percent (5%) usage reduction, the customer is permitted 19 billing units during the August 2014 billing period. 20 hcf x 5% = 1 hcf 20 hcf – 1 hcf = 19 hcf August 2014 Baseline If that customer utilizes 19 or less billing units, no financial penalty is assessed. However, should that customer utilize 25 billing units, a ten percent (10%) surcharge will be assessed for each billing unit in excess of 19: 25 hcf – 19 hcf = 6 hcf x 10% x $1.15 (Commodity Rate) = $.69 Surcharge Additionally, during Stage II, the Department mandates the following: A.Irrigation shall only be allowed between the off-peak hours of 6:00 pm through 8:00 am. B.Irrigation shall be limited to four days per week on Mondays, Wednesdays, Fridays and Sundays only. C.No watering of outdoor landscapes that cause excessive runoff. D.No washing down driveways, sidewalks, or other hardscapes. E.The washing of cars, trucks, or other vehicles is not permitted except with an automatic shut-off device, or at a commercial car washing facility designated for vehicle washing. F.No use of fountains that use potable water, unless the water is recirculated. G.Increase advertisement of conservation measures. H. Maintain a message center for reporting water waste. I.Determine course of action to remediate reported water waste. 2.b Packet Pg. 203 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 7 J. Request the City Manager to direct Parks and Recreation, City Facilities and all golf courses to limit outdoor watering for irrigation to four days per week, and also only between the hours of 6:00 pm through 8:00 am. K. All leaks shall be corrected within seventy-two (72) hours of Department notification. The Board of Water Commissioners reserves the right to declare additional Stage II mandatory restrictions and prohibitions in the future if required by the State of California. Stage IIA (Extreme Mandatory Restrictions) will impose a reduction in water usage consistent with state conservation mandates or a fifteen percent (15%) reduction in water use, whichever is greater, and assess financial penalties on usage in excess of those amounts. A base allowance for each customer will be established based upon state conservation mandates. If not defined by conservation mandate, a base allowance for each customer will be established based upon their 2013 calendar year’s water usage. A twenty percent (20%) surcharge will be applied to each billing unit that exceeds the required reduction in base allowance. Where the customer does not have consumption history, then the Department shall use the customer’s rate/class consumption average, by meter size, as the benchmark. As an example: A customer used 20 billing units in August 2013. During a Stage IIA fifteen percent (15%) usage reduction, the customer is permitted 17 billing units during the August billing period. 20 hcf x 15% = 3 hcf 20 hcf – 3 hcf = 17 hcf August Baseline If that customer utilizes 17 or less billing units, no financial penalty is assessed. However, should that customer utilize 25 billing units, a twenty percent (20%) surcharge will be assessed for each billing unit in excess of 17 hcf. Assuming the commodity rate is $1.15 per hcf: 25 hcf – 17 hcf = 8 hcf x 20% x commodity rate Surcharge = 8 hcf x 0.2 x $1.15 = $1.84 Additionally, during Stage IIA, the Department mandates the following: 2.b Packet Pg. 204 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 8 A. Irrigation shall only be allowed between the off-peak hours of 6:00 pm through 8:00 am. B. Irrigation shall be limited to three days per week; Mondays, Wednesdays and Fridays only. C. Maximum irrigation time of 15 minutes per station per designated irrigation day. D. Irrigation will be prohibited for a full 48 hours after a significant precipitation event (rainfall in excess of 1/8” as measured at the Department’s Mill and D rain gauge) has occurred over the City of San Bernardino. Department will maintain website notification when this restriction will be in place. E. No watering of outdoor landscapes that cause excessive runoff. F. No washing down driveways, sidewalks, or other hardscapes. G. The washing of cars, trucks, or other vehicles is not permitted except with an automatic shut-off device, or at a commercial car washing facility designated for vehicle washing. H. No use of fountains that use potable water, unless the water is recirculated. I. Increase advertisement of conservation measures. J. Maintain a message center for reporting water waste. K. Determine course of action to remediate reported water waste. L. Request the City Manager to direct Parks and Recreation, City Facilities and all golf courses to limit outdoor watering for irrigation to two days per week or reduce consumption by the current Stage IIA reduction percentage, and also only between the hours of 8:00 pm through 6:00 am. M. Irrigation of ornamental turf on public street medians is prohibited. 2.b Packet Pg. 205 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 9 N. Use of potable water outside of new residential home and commercial/industrial construction that is not delivered by drip or micro-spray systems is prohibited. O. The serving of drinking water other than upon request is prohibited, in eating or drinking establishments including but not limited to restaurants, hotels, cafes, cafeterias, bars or any other public place where food or drink are served. P. All hotels/motels shall provide their guests with the option of choosing not to have towels and linens laundered daily. The hotel/motel must prominently display notice of this option in each bathroom using clear and easy language. Q. All leaks shall be corrected within seventy-two (72) hours of Department notification. The Board of Water Commissioners reserves the right to declare additional mandatory restrictions and prohibitions in the future if required by the State of California. Stage III (Water Shortage Emergency) will impose a fifty percent (50%) reduction in water usage and assess financial penalties on usage in excess of those amounts. A Stage III water supply shortage condition shall be declared if a catastrophic interruption of water supply or distribution facility occurs as the result of drought, earthquake, wildfire, extended power outage or any other disaster in which the Department may be prevented from meeting the water demands of its customers. Prior to the Board of Water Commissioners taking action on the Stage III declaration, notice will be given to the Mayor and the City Manager of the mandatory restrictions that will be placed into effect. A base allowance for each customer will be established based upon their 2013 calendar year water usage. A one hundred percent (100%) surcharge will be applied to each billing unit that exceeds the fifty percent (50%) required reduction in base allowance. Where the customer does not have consumption history from 2013, then the Department shall use the customer’s rate/class consumption average, by meter size, as the benchmark. As an example: A customer used 20 billing units in August 2013. During a Stage III fifty percent (50%) usage 2.b Packet Pg. 206 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 10 reduction, the customer is permitted 10 billing units during the August 2015 billing period. 20 hcf x 50% = 10 hcf 20 hcf – 10 hcf = 10 hcf August 2015 Baseline If that customer utilizes 10 or less billing units, no financial penalty will be assessed. However, should that customer utilize 25 billing units, a one hundred percent (100%) surcharge will be assessed for each billing unit in excess of 10: Assuming the commodity rate is $1.15 per hcf: 25 hcf – 10 hcf = 15 hcf x 100% x $1.15 (commodity rate.) = $17.25 Surcharge Additionally, during Stage III, the Department mandates the following: A. Irrigation shall be allowed only between the off-peak hours of 8:00 pm through 6:00 am; however, the Department reserves the right to prohibit all outdoor irrigation at any time depending on the severity of the emergency. B. Irrigation shall be limited to two days per week, on Mondays and Thursdays; however, the Department reserves the right to prohibit all outdoor irrigation at any time depending on the severity of the emergency. C. No watering of outdoor landscapes that cause excessive runoff. D. No washing down driveways, sidewalks, or other hardscapes. E. No washing of vehicles except at commercial vehicle washing facilities. F. No use of fountains that use potable water, unless the water is recirculated. G. Increase advertisement of conservation measures. H. Maintain a message center for reporting water waste. I. Determine course of action to remediate reported water waste. J. Request the City Manager to direct parks, facilities and golf courses to limit outdoor watering for irrigation to 2.b Packet Pg. 207 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 11 two days per week, and also only between the off-peak hours of 8:00 pm through 6:00 am; however, the Department reserves the right to prohibit all outdoor irrigation at any time depending on the severity of the emergency. K. The serving of drinking water other than upon request is prohibited, in eating or drinking establishments including but not limited to restaurants, hotels, cafes, cafeterias, bars or any other public place where food or drink are served. L. All hotels/motels shall provide their guests with the option of choosing not to have towels and linens laundered daily. The hotel/motel must prominently display notice of this option in each bathroom using clear and easy language. M. All leaks shall be corrected within seventy-two (72) hours of Department notice. N. Deny all new construction meter requests. O. Remove or lock out all existing construction meters in service. 1.10 Notices of Violation A. Step 1: 1st Violation warning letter to the customer/owner describing the water waste issue and notice of potential fines for continuing water waste, providing a Department customer service contact for conservation information and assistance. Provides customer/owner seven calendar days to remedy the water waste situation and comply with conservation restrictions. B. Step 2: 2nd Violation, customer/owner site visit or phone call to discuss nature of the water waste and potential solutions. A second Notice of Violation letter allowing seven calendar days to remedy the water waste situation and comply with conservation restrictions. C. Step 3: 3rd Violation: Third Notice of Violation letter informing customer/owner of financial penalty and allowing seven calendar days to remedy water waste situation and comply with conservation restrictions. One hundred dollars ($100.00) penalty assessed. 2.b Packet Pg. 208 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 12 D. Step 4: Subsequent Violation(s): Additional penalties increasing incrementally by one hundred dollars ($100.00) per occurrence, up to a limit of five hundred dollars ($500.00) per incident. Customer/owner shall receive a separate notice per each subsequent violation and will have seven (7) calendar days after each notification to remedy the water waste situation and comply with conservation restrictions. E. Step 5: The Department may restrict the amount of water supplied to any customer/owner failing to comply with conservation standards. The provisions of this section shall be applied in addition to any other penalties provided in this rule and shall be applied at the discretion of the Department. Exceptions: The restrictions of water consumption outlined herein are not applicable to water usage necessary for public health and safety or for essential governmental services, such as police, fire, and emergency services. The Department reserves the right to waive any water restriction penalty when, in its discretion, such consumption is required in order to maintain an adequate level of public health and safety. 1.11 Payment of Surcharges and Penalties All surcharges and penalties imposed under this Rule and Regulation shall be added to customer’s water bills or as a lien on the owner’s property and become payable at the same time and in the same manner as such bills or by such other method of collection and payment as established by the Department. 1.12 Right to Hearing Any customer/owner shall have a right to a hearing with the General Manager of the Department, or his/her designee, on a notice of violation, the assessment of a surcharge or penalty, or the denial and/or lock out of a construction meter, upon written request to the Department. Customer/owner’s written request for a hearing must be received by the Department within ten (10) calendar days from the date of notice of violation, or customer/owner’s right to a hearing shall be deemed waived. 2.b Packet Pg. 209 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 13 Customer/owner shall be deemed notified of a violation, surcharge, penalty, or denial and/or lockout of a construction meter upon (1) the personal delivery of the notice to customer or (2) the date of lock out and/or denial of construction meter. If personal delivery is not given, the date on which the notice is placed in the regular mail shall be deemed the date of notification. Customer/owner’s timely written request for a hearing shall automatically stay the imposition of a penalty until the General Manager or his/her designee renders a decision; except that denial of a construction meter request or lock out of an existing construction meter shall remain in effect until the General Manager or his/her designee renders a decision. The decision of the General Manager or his/her designee may be appealed to the Board of Water Commissioners, provided that the customer files a written notice of appeal with the Department within five calendar days of notification of the decision. The decision of the General Manager, his/her designee, or the Board (if an appeal is timely filed) shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision becomes final as provided in this Rule and Regulation, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State law. 1.13 Other Water Conservation Measures The Board may order implementation of other water conservation measures in addition to those set forth in this rule and regulation. Such additional water shortage measures shall be implemented in the manner provided in this rule. 1.14 Conclusion of a Water Supply Shortage Condition The General Manager shall notify the Board when the water supply shortage condition stage level should be reduced. The Board may ratify the General Manager's reduction of stage level. All bills issued after the Board’s ratification date shall not include water supply shortage surcharges. 2.b Packet Pg. 210 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 14 1.15 Use of Surcharge Funds: Any surcharges and fines will be segregated into a restricted cash account managed by the Department to supplement the conservation efforts of the Department. 2.0 SEWER SERVICE AND INDUSTRIAL WASTE CHARGES 2.1 Users Located Within and Users Located Outside the Incorporated Territory of the City Any premises located within or located outside the incorporated territory of the City which is serviced by a connection to the system of sewage and waste treatment of the City shall be charged and the user thereof shall pay a sewer service charge based upon the schedules defined herein. 2.2 Residential Single Family and Multi-Family 2-unit and 3-unit dwelling units All single-family residential dwelling units and all multi- family 2-unit and 3-unit properties shall be charged a fixed monthly rate. All sewer rates, and the rate for each class of users shall be established by resolution of the Board. All sewer charges and fees shall be sufficient to cover the share of sewerage costs attributed to each class of users. The costs shall include all costs associated with financing, maintaining, and operating the sewerage system and developing the necessary reserve funds to ensure future development and operation of the system. 2.3 Multi-Family Residential Units, Commercial and Other Users Multi-family residential units larger than 2-units or 3- units, commercial users, and other designated users shall be charged on the basis of total water consumption during a comparable water billing cycle. Commercial users shall be placed in the appropriate sewer class based on the primary operations conducted for proper billing. 2.b Packet Pg. 211 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 15 All sewer rates, and the rate for each class of users shall be established by resolution of the Board. All sewer charges and fees shall be sufficient to cover the share of sewerage costs attributed to each class of users. The costs shall include all costs associated with financing, maintaining, and operating the sewerage system and developing the necessary reserve funds to ensure future development and operation of the system. 2.44 Industrial Rate Users The designation as an Industrial Rate user is addressed in Rule and Regulation No. 26. All sewer rates, and the rate for each class of users shall be established by resolution of the Board. All sewer charges and fees shall be sufficient to cover the share of sewerage costs attributed to each class of users. The costs shall include all costs associated with financing, maintaining, and operating the sewerage system and developing the necessary reserve funds to ensure future development and operation of the system. 2.5 SEWER COLLECTION AND TREATMENT RATE SCHEDULES The following rates shall be charged for all sewer services furnished for domestic, commercial, industrial, and municipal sewer use within the City of San Bernardino and unincorporated San Bernardino County areas within the Water Department’s service area, and for any other purpose for which no rate is specified. Sewer Collection Rates Effective On: Line Customer Class Unit 10/1/2015 7/1/2016 7/1/2017 1 Residential - Single Family $/month/account $9.00 $9.45 $9.90 2 Multi-Family Residential (2 Units) $/month/account $18.00 $18.90 $19.85 3 Multi-Family Residential (3 Units) $/month/account $27.00 $28.35 $29.75 4 Multi-Family, Mobile Home Parks (4 or more units), Non-Residential, and Industrial: 5 Monthly Charge $/month/account $2.80 $2.95 $3.10 6 Usage Charge $/hcf $0.79 $0.83 $0.87 2.b Packet Pg. 212 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Rule and Regulation No. 21 GENERAL WATER AND SERVICE RATES AND CHARGES Page 16 Sewer Treatment Line Customer Class Rates, Effective On: 10/1/2015 7/1/2016 7/1/2017 Units 1 Monthly Charge {San Bernardino) 2 Residential $20.65 $22.38 $23.10 $/Month/Account 3 Multi-FamilyFamily (2 Units) $41.31 $44.76 $46.20 $/Month/Account 4 Multi-FamilyMulli-Family(3 Units) $61.96 $67.14 $69.29 $/Month/Account 5 Multi-FamilyFamily, Mobile Home ParksParks (4 or more units) $3.18 $3.42 $3.52 $/Month/Account 6 Non-Residential $3.18 $3.42 $3.52 $/Month/Account 7 Industrial $1.67 $178 $1.83 $/Month/Account 8 Monthly Charge {EVVVD and Loma Linda) 9 Residential $1918 $20.85 $21.55 $/Month/Account 10 Multi-FamilyFamily(2 Units) $3837 $41 72 $43.10 $/Month/Account 11 Multi-FamilyMulli-Family (3 Units) $57.55 $62.58 $6464 $/Month/Account 12 Multi-FamilyMulli-Family, Mobile Home ParksParks (4 or more units) $1.71 $1.90 $1.97 $/Month/Account 13 Non-Residential $3.18 $3.42 $3.52 $/Month/Account 14 Industrial $0.20 $0.26 $0.28 $/Month/Account 15 Usage Charge (All Customers) 16 Multi-FamilyMulli-Family(4+ Units), Mobile Home ParksParks $1.36 $1.48 $1.53 $/HCF 17 Retail, Commercial, Light Industrial $2.28 $2.47 $2.55 $/HCF 18 Auto Repair, Car Wash $1.41 $1.53 $1.58 $/HCF 19 Offices, Motels (without Restaurants) $1.63 $1.77 $1.83 $/HCF 20 Restaurants, Hotels $2.93 $3.18 $3.28 $/HCF 21 Laundromats $1.63 $1.77 $1.83 $/HCF 22 Hospitals, Convalescent Homes $1.46 $1.58 $1.63 $/HCF 23 Schools, Churches, Nursery Schools $1 19 $1.29 $1.33 $/HCF 24 Domestic Liquid Waste $0043 $0.047 $0.049 $/gallon 25 Industrial 26 Discharge Flow $977.00 $1,060.00 $1,094.00 $/MG 27 Biochemical Oxygen Demand Charge $391 00 $424.00 $43800 $/1,000 LBS 28 Suspended Solids Charge $694.00 $753.00 $778.00 $/1,000 LBS Approved by BOWC: September 20, 2016 Effective: October 1, 2016 Supersedes: July 19, 2016 2.b Packet Pg. 213 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 1350 South “E” Street San Bernardino, CA 92408 P.O. Box 710, 92402 RULE AND REGULATION NO. 23 BILLING PROCEDURES The content of this Rule and Regulation has been moved and combined with Rule and Regulation No. 6, Payment of Bills. Approved by BOWC:July 25, 2006 Effective: August 1, 2006 Supersedes: November 1, 1967 2.b Packet Pg. 214 Attachment: SBMWD Staff Report with Reso and RR Back up (8453 : Ordinance for Wastewater Facilities and Collection Rules and Regulations) Wa stewater Collection and Facilities Rules and Re gulations 2.c Packet Pg. 215 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Wa ter Department 2 Water Treatment Water Distribution Wastewater Collection Wastewater Treatment 2.c Packet Pg. 216 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities City Water Board 3 2.c Packet Pg. 217 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 4 City Water Board “Powers and Responsibilities” 2.c Packet Pg. 218 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 5 u Wa ter Utility u Established 1905 u Wa ter Dept. Rules and Regulations u Sewer Treatment u Tr ansferred to Water Department in 1974 u Wa ter Dept. Rules and Regulations u Municipal Code Chapter 13.32 –Wa stewater Facilities u Sewer Collection u Tr ansferred to Water Department in May 2017 u Municipal Code Chapter 13.08 –Connection with Public Sewer Wa ter Department Rules and Re gulations 2.c Packet Pg. 219 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 6 Re commendation –Amend Municipal Code Chapter 13.08 2.c Packet Pg. 220 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 7 Re commendation –Amend Municipal Code Chapter 13.32 2.c Packet Pg. 221 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 8 Re commendation –Amend Municipal Code Sections 2.28.010 and 2.28.020 2.c Packet Pg. 222 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Sewer Collection System Updates 2.c Packet Pg. 223 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 10 u Approx. 80% of City and County pockets u 58 square miles u 35,000+ connections u 467 miles of Collections piping (8” –54”) u 12 small lift stations (< 1 MGD) u 3 large lift stations (3-12 MGD) Sewer Collections System 2.c Packet Pg. 224 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 11 Sewer Treatment u Wa ter Reclamation Plant (WRP): u City of San Bernardino u SB County u East Valley Water District u City of Loma Linda u Approx. 22 MGD u Rapid Infiltration/Extraction (RIX) Facility: u WRP u Cities of Colton & Grand Terrace u Approx. 28 MGD 2.c Packet Pg. 225 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 12 Geographical Information System (GIS) Development 2.c Packet Pg. 226 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Sanitary Sewer Management Plan u SSMP was required by the State Water Resources Control Board in 2006 u Original SSMP was approved by the San Bernardino City Council on September 2, 2014 u SSMP is basically a completely new version that is in full compliance with all regulatory mandates. In addition, it is fully aligned with the Department’s Mission, Strategic Plan and supports our Key Values. 13 13 2.c Packet Pg. 227 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Collections System Master Plan u Completed Sewer Master Plan Update ( first since 2003) u Developed a Condition Assessment Program u Developed a prioritized, achievable 5-Ye ar Risk Based Capital Improvement Pr ogram 14 14 2.c Packet Pg. 228 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Condition Assessment Pr ogram •Pe rform CCTV inspection to 30 miles of sewer per year •Pe rform flow monitoring for capacity analysis and calibration of hydraulic model 15 2.c Packet Pg. 229 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Collection System Pr eventative Maintenance Program •Implemented a Computerized Maintenance Management program based on GIS data •Created a unique maintenance schedule for each sewer pipe based upon risk •Implemented Standard Operating Pr ocedures (SOPs) •Implemented a QA/QC Program. 16 16 2.c Packet Pg. 230 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Collections Staff Productivity •Re solving long-term maintenance issues •Increase in sewer cleaning mileage •Re duction in SSOs 17 17 0 5 10 15 20 25 Sanitary Sewer OverflowsFiscal Year Sanitary Sewer Overflows 0 100 200 300 400 500 600 Miles CleanedFiscal Year Sewer Cleaning Productivity 2.c Packet Pg. 231 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Collection System Re pair/Renewal Pr ojects •134 Repairs/Projects since FY 2019/2020, including 8 Projects from the CIP list. •>$2,519,400k spent •$5k to $40k each (typical small repairs) •Re asons: •Sinkholes due to broken/crushed pipe •Improper tie-in connections •Improper installations •Improper repairs •Failed Maintenance Holes •Contractor damage 18 2.c Packet Pg. 232 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Collections Vehicle Improvements •Re placed three (3) Combination Sewer Cleaners •One has a water recycling unit to reduce potable water usage •Updated the Closed-Circuit Te levision Truck •New additional Warning lights the vehicles •Added High-Visibility Reflective Striping on three (3) vehicles 19 2.c Packet Pg. 233 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Staffing u Hired Collections System Superintendent u Revised Job Descriptions to increase professionalism u Hired Engineering staff with collections system experience u Hired dedicated Administrative Assistant for the Collections Section u Pa rtnered with WRP Maintenance Section to create a dedicated crew for the Lift Station maintenance 20 2.c Packet Pg. 234 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities 21 2.c Packet Pg. 235 Attachment: Sewer Collection and Rules and Regs_08102021 (8453 : Ordinance for Wastewater Facilities Page 1 Discussion City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Aspen Institute City Learning Action Lab (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the City's participation in the Aspen Institute City Learning Action Lab. Background The Aspen Institute was founded in 1949 with the mission to promote the creation of a free, just, and equitable society in a nonpartisan and non -ideological setting. It accomplishes its goals through seminars, policy programs, conferences, and leadership development initiatives. One such policy program is the Latino's & Society Program, which seeks to "empower Latino communities and promote long-term economic growth and resiliency" through its four core initiatives: Scholarship Programs, Latino Business and Entrepreneurship Initiative, Latino In clusion in the Digital Economy, and the Aspen Economic State of Latino's in America. The Latino's & Society program believes that “a prosperous future for all Americans rests on Latino American economic advancement.” Despite the demographic diversity in the City of San Bernardino, Latino Americans and minorities in general have largely been underrepresented in the business community. Recent research has shown that as the impacts of the COVID-19 pandemic continue to reverberate throughout the nation, African American and Latino communities continue to be disproportionately impacted. During the ongoing economic recovery, it is important that local governments stimulate ideas, collaborate on solutions, and create effective policies that increase access to opportunity and support minority-owned businesses. Discussion The Latino Business and Entrepreneurship Initiative’s “City Learning and Action Lab” is a twelve (12) month commitment from five (5) Latino majority cities/communities around the country. As program anchors, the City, and the San Bernardino Workforce Development Department, are tasked with creating an Entrepreneurial Ecosystem Steering Committee made up of key cross-sectors leaders from its public, private, and civic sectors. Over the program period each City guides its committee through four (4) distinct programmatic objects: 1. Learn about actionable economic recovery and small business growth strategies 3 Packet Pg. 236 8459 Page 2 focused on Latino-owned businesses and receive a city-specific data dashboard with customized metrics from public data sources reflecting the current state of the city’s small business economy and its Latino-owned businesses. 2. Collaborate with leaders from other participating cities and foster strong relationships. 3. Connect with federal policymakers and national funders to identify and leverage federal stimulus funding and philanthropy to accelerate Latino small business recovery and growth strategies. 4. Act on at least one policy, program, and/or practice that will strengthen local Latino entrepreneurial ecosystems by the end of the programmatic year. The goal of participating in the program is to engage in high level discussions to ensure that as the economic recovery gains momentum, the City of San Bernardino is well positioned to take advantage of upcoming funding opportunities, and direct them at economic and community priorities. This type of narrowed, data driven approach, is important to address economic disparities and effectively utilizing the flow of federal funding. 2020-2025 Key Strategic Targets and Goals The City of San Bernardino's participation in the Aspen Institute Latino's and Society Program - Latino Business & Entrepreneurship Initiative City Learning and Action Lab aligns with Key Target No. 4: Economic Growth & Development. Fiscal Impact The FY21/22 adopted budget included a sufficient amount of funds to participate in the policy program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the City's participation in the Aspen Institute City Learning Action Lab. Attachments Attachment 1 Press Release - Aspen Institute City Learning Action Lab Attachment 2 Collaboration Agreement - Aspen Institute City Learning Action Lab Ward: All Synopsis of Previous Council Actions: N/A 3 Packet Pg. 237 3.a Packet Pg. 238 Attachment: Attachment 1 - Press Release - Aspen Institute Latinos & Society City Learning and Action Lab (8459 : Aspen Institute City 3.a Packet Pg. 239 Attachment: Attachment 1 - Press Release - Aspen Institute Latinos & Society City Learning and Action Lab (8459 : Aspen Institute City 3.a Packet Pg. 240 Attachment: Attachment 1 - Press Release - Aspen Institute Latinos & Society City Learning and Action Lab (8459 : Aspen Institute City 3.a Packet Pg. 241 Attachment: Attachment 1 - Press Release - Aspen Institute Latinos & Society City Learning and Action Lab (8459 : Aspen Institute City 3.b Packet Pg. 242 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 243 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 244 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 245 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 246 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 247 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 248 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 249 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 250 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 251 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 252 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab August 3, 2021 August 4, 2021 3.b Packet Pg. 253 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab 3.b Packet Pg. 254 Attachment: Attachment 2 - Collaboration Agreement Aspen Institute City Action Learning Lab (8459 : Aspen Institute City Learning Action Lab Page 1 Discussion City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Adoption of Procurement Card Policy Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-213 as presented establishing the Procurement Card Policy. Background The City of San Bernardino is a charter city operating under a council -manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards, and the like. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City. On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. Starting in March 2021, staff began crafting the Procurement Card (P-Card) Policy discussed below for consideration. Discussion The P-Card Policy sets forth the guidelines governing reimbursement for travel expenses and to establish certain procedures concerning reimbursement of expenses incurred on behalf of the City, including documentation, and accounting for all departments, employees, and elected officials of the City. Formally adopting the policy is critically important to safeguard City funds by paying only reasonable and necessary expenses. For City employees, the Department Head will be ultimately responsible for ensuring reimbursements comply with the policy and for the thorough review and approval of all documents necessary for the disbursement of city funds. For elected officials, the Finance Director fulfills that role. 4 Packet Pg. 255 8493 Page 2 Program Overview The goal of this program is to provide a more rapid turnaround of requisitions for low dollar goods (less than $5,000) with no credit card fees and to reduce paperwork and handling costs while maintaining good internal control of the disbursement of City funds. City personnel and elected officials who have been issued P-Cards may initiate transactions in- person, by telephone, or over the internet within the limits of this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy. Responsibilities The Finance Department, under the direction of the Finance Director, shall be responsible for the implementation and enforcement of this policy. All City personnel and elected officials issued a P-Card shall be responsible for the card and its use in accordance with this policy. 2020-2025 Key Strategic Targets and Goals Approval of administrative policies aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing consistent clear procedures for staff and elected officials to follow that promote a professional environment and contribute toward a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact associated with the development of an administrative policy manual beyond dedicated staff time. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-213 as presented establishing the Procurement Card Policy. Attachments Attachment 1: Resolution No. 2021-213 Attachment 2: Exhibit A-Procurement Card Policy Synopsis of Previous Council Actions: February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. 4 Packet Pg. 256 City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual City of San Bernardino Administrative Policy Manual Subject: City of San Bernardino Procurement Card (P -Card) Policy Purpose: To establish a methodology for and to define the appropriate use of the City of San Bernardino’s Procurement Cards provided to authorized personnel to purchase non-restricted goods and/or services for official use by the City of San Bernardino. Authority: Resolution No. ______________ Scope: This Policy is applicable to all employees and elected officials who are issued a Procurement Card. Exemption from Scope This policy shall not apply to employees or elected officials to whom P-Cards are not issued and does not apply to the use of an employee or elected official’s personal credit card(s). The use of personal funds to make purchases on behalf of the City is covered under the City of San Bernardino Expense Reimbursement Policy. Policy: 3.1. Abbreviations 3.1.1. P-Card: A Procurement Card. 3.1.2. City: City of San Bernardino. 3.1.3. Bank: Financial Institution that manages the City’s P-Card Program. 3.1.4. GL: General Ledger, the official record of all financial transactions made by and on behalf of the City. 3.1.5. MCC: Merchant Category Code 4.a Packet Pg. 257 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual 3.2. Definitions 3.2.1. P-Card: A credit card to be utilized in the procurement of authorized non-restricted goods and/or services for official use by the City. 3.2.2. Vendor: A company from which the City is purchasing goods and/or services under the provisions of this policy. 3.2.3. Merchant Category Code (MCC): Codes by which individual P -Cards can be restricted in their purchasing authority to merchants (vendors) in specific categories. 3.2.4. Cardholder: City personnel who has been issued a P -Card and who is authorized to make purchases in accordance with this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy. 3.2.5. Reconciler: Departmental Coordinator who collects receipts for P-Card purchases from the Cardholder, codes transactions to the appropriate GL account(s), and releases transactions for approval. 3.2.6. Approver: Cardholder’s manager or designee who reviews and approves Cardholder’s transactions. 3.2.7. Transaction: A single purchase made with a P-Card. 3.2.8. Purchase Limits: Dollar limits assigned to each P-Card consisting of a Single Transaction Limit, a Daily Purchase Limit, and a Monthly Credit Limit. 3.2.9. P-Card Administrator: An individual authorized by the City to manage the P-Card program to include communicating with the Bank, adding and deleting P-Cards, and changing permanent and temporary purchase limits. 4.0 Responsibilities 4.1. The Finance Department, under the direction of the Finance Director, shall be responsible for the implementation and enforcement of this policy. 4.2. All City personnel and elected officials issued a P-Card shall be responsible for the card and its use in accordance with this policy. 4.a Packet Pg. 258 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual 5.0 Overview of P-Card Program 5.1. The goal of this program is to provide a more rapid turnaround of requisitions for low dollar goods (less than $5,000) with no credit card fees and to reduce paperwork and handling costs while maintaining good internal control of the disbursement of City funds. 5.2. City personnel and elected officials who have been issued P -Cards may initiate transactions in- person, by telephone, or over the internet within the limits of this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy. 5.3. The Finance Department will make settlements for P -Card purchases with the Bank. 5.4. Department Directors may request that City personnel be issued a P -Card if it is deemed necessary for their role. The request should recommend purchase limits as well as the default GL account code to which transactions will be charged. Requests should be forwarded to the P-Card Administrator for Finance Department approval. 5.5. Depending on the employee or official receiving the P -Card, the P-Card may be restricted to specific Merchant Category Codes. 5.6. Non-City personnel, temporary/seasonal employees, and interns are not eligible for a P-Card. 5.7. Upon review and approval by the Finance Department, the P-Card Administrator will notify the Bank to issue the P-Card. 5.8. All approved Cardholders must attend a training class on Policy and proper use of the P-Card prior to receiving their card. 5.8.1. The approved Cardholder will be issued a copy of this P-Card Program Policy and the P-Card Procedures Manual and be required to sign an agreement to indicate that the Cardholder understands these policies and procedures. 5.8.2. The Finance Department shall maintain records of all Procurement Card Request Forms. 5.9. Changes to P-Card Information 5.9.1. Once a P-Card is issued, it is the Cardholder’s responsibility to notify the 4.a Packet Pg. 259 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual P-Card Administrator of any change in the Cardholder’s information. 5.9.2. It is the department’s responsibility to notify the P-Card Administrator of any changes to a Cardholder’s assigned Reconciler or Approver. 5.9.3. Purchase Limits may be temporarily changed for a limited amount and duration with the approval of the Department Director and Finance Director or their designee. Permanent changes may only be approved after review by the Finance Director. 5.10. Cardholder Termination / Transfer 5.10.1. If a Cardholder is no longer employed by the City or if a Department Director decides a Cardholder no longer needs a P-Card, it is the department’s responsibility to collect the Cardholder’s P -Card and complete the appropriate documentation. The P -Card will be immediately cut in half, and both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card. 5.10.2. Prior to transferring to another department of the City, the Cardholder is to return their P-Card to the issuing department. The P-Card will be cut in half and the appropriate documentation completed by the department. Both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card. The Cardholder’s new department may request a new P-Card be issued if necessary for the employee’s role. 5.11. Authorized P-Card Use 5.11.1. Each P-Card issued will be embossed with the Cardholder’s name and should ONLY be used by that Cardholder. NO OTHER PERSON IS AUTHORIZED to use the card. The Cardholder may make transactions on behalf of others in their department/division. However, the Cardholder is responsible for ALL purchases charged to their card. 5.11.2. The total value of a transaction will not exceed a Cardholder’s single purchase limit. Payment for a purchase SHALL NOT be split into multiple transactions to stay within the single purchase limit. Limits may be permanently or temporarily changed with proper approval. (See 5.9.3) 4.a Packet Pg. 260 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual 5.11.3. The Cardholder must obtain ITEMIZED vendor receipts, documentation of telephone orders, and/or copies of mail orders. 5.12. Prohibited P-Card Use 5.12.1. The P-Card MAY NOT BE USED for the following: a. Personal purchases or for personal identification. b. A single purchase that exceeds the Cardholder’s single purchase limit. c. Automotive Fuel unless authorized (see the City’s Travel Policy). d. Meals with limited exceptions. (See Section 7.0) e. Gift Cards. f. Cash Advances. g. Any City Fines or Fees. h. Alcoholic Beverages. i. Flowers, unless authorized by the City Manager and Finance Director. j. Catering, unless the food is being dropped off for an approved City event. k. Payments under a City contract; these payments must be made through the regular Accounts Payable process, or the contract and Purchase Order will not be properly charged. 5.12.2. Accidental Use of P-Card. Any cardholder who accidentally charges a personal item to a City P-card instead of their personal credit card must immediately notify their supervisor and the P-Card Administrator. They must submit the receipt and repayment to the City via the Purchasing Division within ten (10) business days. A second accidental charge will result in a review by the Department Director and the Finance Director. Following review, the Finance Director may take action up to and including suspension or revocation of the Cardholder’s City P-card privileges. 5.12.3. Unauthorized Purchases and Careless Use. Cardholders who make unauthorized purchases or carelessly use their P-Card will be liable to the City for the total dollar amount of such purchases. Misuse of a City P-Card will result in the Cardholder’s City P-Card privileges being revoked and may be subject to disciplinary action up to and including dismissal. 5.12.4. Intentional Misuse. The intentional use of a City P-Card to acquire or purchase goods and/or services for other than official use of the City is 4.a Packet Pg. 261 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual fraudulent. An employee guilty of fraudulent use of a City P-Card may be dismissed and may be subject to legal action. 5.13. Card Security 5.13.1. It is the Cardholder’s responsibility to safeguard their P-Card to the same degree that the Cardholder safeguards their personal credit information. 5.13.2. The Cardholder must not allow anyone to use their card. A violation of this trust will result in the Cardholder’s P-Card privileges being revoked as well as potential disciplinary action. 5.14. Lost or Stolen Cards and Fraud 5.14.1. Cardholders MUST immediately report a lost or stolen P-Card directly to the Bank and the P-card Administrator. The Bank will inactivate the existing card and issue a new card that will be mailed to the P-Card Administrator. 5.14.2. If the original card is later found or recovered by the Cardholder after being reported lost or stolen, the card will be cut in half and given to the P-Card Administrator. 5.14.3. If a cardholder suspects fraud and has not already been contacted by the bank via telephone or email, the cardholder and/or reconciler MUST immediately contact the bank by calling the 1 -800 number on the back of the cardholder’s card to report the suspected fraud. The cardholder and/or reconciler must then inform the P-card Administrator of the fraud and what actions were executed by the bank to safeguard the card. 5.15. Recordkeeping / Reconciliation 5.15.1. Itemized Receipts. It is the Cardholder’s responsibility to obtain an ITEMIZED receipt whenever a P-Card purchase is made – either in- person, by telephone, or over the internet and check the receipt for accuracy. A summary receipt is not acceptable. 5.15.2. Sales Tax. If sales tax has not been charged on taxable tangible goods, the Cardholder should notify the Finance Department and make a note on the receipt so that the Finance Department can pay the appropriate tax. 4.a Packet Pg. 262 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual 5.15.3. Providing Receipts to Reconciler. If a Reconciler is used to reconcile a Cardholder’s transactions, the Cardholder will provide receipts for transactions to the Reconciler on a timely on-going basis, not to exceed five (5) business days after the charge is made, or after the Cardholder returns from travel on City business in order to give the Reconciler time to reconcile receipts and meet required deadlines. 5.15.4. No Itemized Receipt. If the Cardholder does not have an ITEMIZED receipt for a transaction, he/she will provide a memo stating that they were unable to obtain or that they lost the original itemized receipt. The memo shall include details of the transaction including the vendor’s name, date of purchase, description of the item(s) purchased, and the purpose of the purchase. The Cardholder must also include the reason for the missing receipt. The Cardholder must obtain the Department Director’s signature on the memo and submit the signed memo in lieu of the actual receipt to their reconciler or attach to the transaction in the financial system. Also, the words “No Itemized Receipt” need to be a part of the transaction’s charge description. 5.15.5. Missing Receipt. If a Cardholder does not provide an itemized receipt OR a missing receipt memo for a transaction, the Cardholder may be financially responsible for the purchase amount of the transaction. 5.15.6. General Ledger Import and Reconciliation. P-Card transactions will be imported into the GL each month. It is the Cardholder and/or Reconciler’s responsibility to review these transactions on a timely basis, code the purchase to the appropriate GL account, make any necessary adjustment, and scan and attach the supporting receipts and documentation into the banking system for backup. The transaction will then be released for approval. If no adjustment is made, the entire transaction will be charged to the default GL code established upon issue of the card (see Section 5.4). All transactions must be reviewed, reconciled and released for approval within the first five (5) calendar days of the month (see Section 5.16.3). 5.15.7. Approval. Once a monthly statement has been released for approval by the Cardholder or Reconciler, it will be approved by the Approver. By approving the statement, the Approver is attesting to the appropriate purchase of the goods and/or services for official use by the City. If the transaction is not in compliance with the P-card Policy, the matter will be brought to the attention of the P-Card Administrator, 4.a Packet Pg. 263 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual the Department Director, and the Finance Director to be resolved in a manner consistent with this Policy. 5.15.8. Returns. If a Cardholder returns an item, it is their responsibility to ensure that a credit is issued back to their P-Card. If a Reconciler reconciles the Cardholder’s transactions, the Reconciler should be made aware of the credit and follow up if the credit is not received. 5.15.9. Unauthorized Charges. If a Cardholder does not recognize a transaction, they must first contact the vendor to find out what was purchased and attempt to resolve the charge with the vendor before disputing it with the bank. If the transaction needs to be disputed after contacting the vendor, it is the Cardholder’s and/or Reconciler’s responsibility to complete appropriate documentation and submit to the P-Card Administrator. It is also the Cardholder’s and/or Reconciler’s responsibility to track the progress of the dispute until it is resolved. The P-Card Administrator will keep the Cardholder or Reconciler, if applicable, informed of any information received from the Bank regarding the dispute. 5.16. Deadlines 5.16.1. P-Card transactions will post to the Bank 1-3 business days following the transaction. 5.16.2. It is the Cardholder and/or Reconciler’s responsibility to review and reconcile the P-Card transactions on a timely on-going basis. 5.16.3. Receipts should be reconciled no less frequently than every two weeks. Finance staff will send reminder emails to Cardholders and Reconcilers with outstanding transactions. 5.16.4. Monthly Statements are to be reviewed, reconciled, and released for approval within the first five (5) calendar days of the following month. 5.16.5. Once released, P-Card transactions must be approved by the Approver within the first seven (7) calendar days of the Cardholder review. 5.16.6. All P-Card transactions for the previous month must be approved and posted by Finance before the 15th of the following month. 6.0 Compliance 4.a Packet Pg. 264 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual 6.1. Finance staff will conduct audits of P-Card transactions both randomly and selectively to ensure purchases are made in accordance with this Policy. 6.2. Failure to comply with this Policy may result in the Cardholder’s P-Card privileges being revoked and/or disciplinary action up to and including dismissal. 7.0 Meal Exceptions 7.1. Business Purpose Meals. Business purpose meals are meals purchased by a City employee or elected official for official City business. 7.1.1 Documentation. Documentation is required for a business purpose meal: a. An ITEMIZED receipt. b. A description of the business purpose of the meal. The description should be thorough enough to pass audit scrutiny. For example: “Development meeting to discuss vacant properties” is acceptable. “Business Meeting,” “Development Meeting,” or other descriptions that do not provide the actual purpose of the meeting are not acceptable. c. A list of all attendees of the meeting, first and last name. The list should either be written on the receipt (legibly) or attached. 7.2. Meals while Traveling. Meals while traveling on City business are paid based on per-diem rates as indicated in the City’s Travel Policy. Meals while traveling charged to a P-Card in excess of the per diem amount must be reimbursed to the City within ten (10) business days of the completed reconciliation. 7.3. Tipping. Tips added to meals on a P-Card should not be more than 20%. Any amount more than 20% must be reimbursed to the City by the Cardholder within ten (10) business days of the charge posting to the City’s financial system. 7.4. Prohibited Meals. 7.4.1 Meals for Personal Consumption. It is expressly prohibited for employees or elected officials to purchase any meal: breakfast, lunch, dinner, or any other food for personal consumption on their City P -Card 4.a Packet Pg. 265 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) City-Issued Procurement Cards (P-Cards) City of San Bernardino - Administrative Policy Manual unless they are traveling overnight on City business. The IRS deems meals that are paid for by an employer while not “traveling away from home” to be taxable wages. IRS Publication 5137 (Rev. 2-2020) 8.0 Exceptions These general policies are not expected to address every issue, exception, or contingency that may arise in the use of a City P -Card. Accordingly, the basic standard that should always prevail in dealing with exceptions is the exercise of good judgment in the use and stewardship of the City’s resources. Unless otherwise specified herein, exceptions for employees will require the approval of the City Manager, the Assistant City Manager, or the Finance Director; exceptions for elected officials will require approval of City Council at a regular meeting of the Mayor and City Council. 4.a Packet Pg. 266 Attachment: Exhibit A-Procurement Card Policy 08.18.2021 (8493 : Adoption of Procurement Card Policy) Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-___ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING PROCUREMENT CARDS WHEREAS, the City of San Bernardino is a charter city operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Procurement Card Policy, attached hereto and incorporated herein as Exhibit A, is hereby approved. 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. 4.b Packet Pg. 267 Attachment: Resolution_Procurement Cards 08.18.2021.aa [Revision 1] (8493 : Adoption of Procurement Card Policy) Resolution No. 2021- Resolution 2021- Page 2 of 3 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 4.b Packet Pg. 268 Attachment: Resolution_Procurement Cards 08.18.2021.aa [Revision 1] (8493 : Adoption of Procurement Card Policy) Resolution No. 2021- Resolution 2021- Page 3 of 3 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 4.b Packet Pg. 269 Attachment: Resolution_Procurement Cards 08.18.2021.aa [Revision 1] (8493 : Adoption of Procurement Card Policy) Page 1 Discussion City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Adoption of Reimbursement Policy Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-202 as presented establishing the Reimbursement Policy. Background The City of San Bernardino is a charter city operating under a council -manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards, and the like. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure City employees and elected and appointed officials are able to operate under a clear set of guidelin es that align with the laws and regulations that govern the City. On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. Starting in April 2021, staff began crafting the Reimbursement Policy discussed below for consideration. Discussion The Reimbursement Policy sets forth the guidelines governing reimbursement for travel expenses and to establish certain procedures concerning reimbursement of expenses incurred on behalf of the City, including documentation, and accounting for all departments, employees, and Elected Officials of the City of San Bernardino. Formally adopting the policy is critically important to safeguard City funds by paying only reasonable and necessary expenses. For City employees, the Department Head will be ultimately responsible for ensuring reimbursements comply with the policy and for the thorough review and approval of all documents necessary for the disbursement of city funds. For Elected Officials, Finance Director fulfills that role. 5 Packet Pg. 270 8496 Page 2 Authorized Expenses Expenses incurred on behalf of the City that are substantiated and shown to be necessary, reasonable, appropriate, and allowable, and for which there is adequate budget available, will generally be authorized for reimbursement. Necessary to perform a valid business purpose fulfilling the mission of the City. An expense is necessary if there is a valid business purpose required to fulfill the mission of the City. The primary benefit of a necessary business expense is the City, not the individual. A necessary expense is a minimum purchase or service required to achieve a valid business objective. Reasonable in that the expense is not extreme or excessive and reflects a prudent decision to incur the expense. Reasonable means the amount that normally would be spent in a specific situation. An expense is considered reasonable if it is not extreme or excessive and reflects a prudent decision and action to incur the expense. This Policy does not define precise dollar amounts for what constitutes reasonable, because the reasonableness of an expense depends upon many relevant factors including the business purpose, the context, the source of funds, and the circumstances surrounding the expenditure. Appropriate in that the expense is suitable and fitting in the context of the valid business purpose. Costs are appropriate if they are suitable or fitting for a particular business purpose. For a cost to be appropriate it is also presumed that there is a valid business purpose, which is normally the responsibility of the department to determine. Allowable according to the terms of any City policy. If a business expense is necessary, reasonable, and appropriate, the City will generally consider it an allowable expense, subject to approval. 2020-2025 Key Strategic Targets and Goals Approval of administrative policies aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing consistent clear procedures for staff and elected officials to follow that promote a professional environment and contribute toward a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact associated with the development of an administrative pol icy manual beyond dedicated staff time. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-202 as presented establishing the Reimbursement Policy. Attachments Attachment 1 Resolution No. 2021-202 5 Packet Pg. 271 8496 Page 3 Attachment 2 Exhibit A- Reimbursement Policy Synopsis of Previous Council Actions: February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. 5 Packet Pg. 272 Resolution No. 2021- RESOLUTION NO. 2021-202 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING REIMBURSEMENTS WHEREAS, the City of San Bernardino is a charter city operating under a council- manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Reimbursement Policy, attached hereto and incorporated herein as Exhibit A, is hereby approved. 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. 5.a Packet Pg. 273 Attachment: Resolution 2021-202 Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) 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 5.a Packet Pg. 274 Attachment: Resolution 2021-202 Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Resolution No. 2021- 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 5.a Packet Pg. 275 Attachment: Resolution 2021-202 Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) City of San Bernardino - Administrative Policy Manual City of San Bernardino Administrative Policy Manual Subject: City of San Bernardino Expense Reimbursement Policy Purpose: To establish clear guidelines for the reimbursement of funds to employees or Elected Officials by the City of San Bernardino for expenses incurred on behalf of the City. Business expenses may be reimbursed if an individual paid the expense from personal funds. The City prefers that business expenses are paid through other appropriate City buying and paying methods whenever possible. This policy establishes the components required for reimbursement of allowable non- compensation business expenses: • An allowable business expense • Pre-approval for employees • Available budget • Substantiation of the expense with receipts • Approval of the expense Authority: Resolution No. ______________ Scope: This Policy applies to all employees and Elected Officials requesting reimbursement for expenses incurred on behalf of the City. Exemption from Scope None. Policy: 1.0 DEFINITIONS 1.1 Appropriate Expense An expense that is suitable or fitting for a particular valid business purpose. 1.2 Allowable Expense A necessary, reasonable, and appropriate expense incurred for the primary benefit of City business and therefore permitted to be reimbursed or directly charged based on the permission of the City. 5.b Packet Pg. 276 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual 1.3 Available Budget The total amount of funds available in the General Ledger expense line to be charged for the expense incurred by the employee or Elected Official. 1.4 Necessary Minimum purchase or service required to achieve a particular business objective. 1.5 Original Receipt The original merchant receipt or invoice issued by the supplier or service provider to document and substantiate the business transaction. A digital image of the original receipt is allowable if it is legible, and the paper receipt is destroyed. 1.6 Reasonable An expense that is ordinary and reflects a prudent decision to incur the expense on behalf of City business. Not extreme or excessive. 1.7 Request Reimbursement Request or Request for Reimbursement. 1.8 Substantiation Documentation to support an incurred business expense that includes the original receipt, documentation of business purpose, names of persons in attendance, and appropriate report of the expense for the incurred cost. 2.0 CRITERIA FOR DETERMINING AN ALLOWABLE EXPENSE 2.1 Considerations. To be reimbursed to an individual, a business expense must be: 2.1.1 Necessary to perform a valid business purpose fulfilling the mission of the City. An expense is necessary if there is a valid business purpose required to fulfill the mission of the City. The primary benefit of a necessary business expense is the City, not the individual. A necessary expense is a minimum purchase or service required to achieve a valid business objective. 2.1.2 Reasonable in that the expense is not extreme or excessive, and reflects a prudent decision to incur the expense. Reasonable means the amount that normally would be spent in a specific situation. An expense is considered reasonable if it is not extreme or excessive and reflects a prudent decision and action to incur the expense. This Policy does not define precise dollar amounts for what constitutes reasonable, because the reasonableness of an expense depends upon many relevant factors 5.b Packet Pg. 277 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual including the business purpose, the context, the source of funds, and the circumstances surrounding the expenditure. 2.1.3 Appropriate in that the expense is suitable and fitting in the context of the valid business purpose. Costs are appropriate if they are suitable or fitting for a particular business purpose. For a cost to be appropriate it is also presumed that there is a valid business purpose, which is normally the responsibility of the department to determine. The following questions should be considered when determining the appropriateness of costs: a. Could the cost be comfortably defended under public scrutiny? b. Would you be confident if the cost were selected for audit? c. Would you be comfortable reading about it in the newspaper? d. Has it been adequately documented? 2.1.4 Allowable according to the terms of any City policy. If a business expense is necessary, reasonable, and appropriate, the City will generally consider it an allowable expense, subject to approval. 2.1.4 (1) Allowable Food and Meals. Meals that meet all the above criteria must also meet IRS rules to be reimbursable and non- taxable to the employee or Elected Official. See Section 4.0 FOOD AND MEALS. 3.0 SUBSTANTIATION OF EXPENSE For a business expense to be approved and reimbursed, it must be properly substantiated. 3.1 Clear, Complete and Accurate. All City-related business expenses require clear, complete, and accurate supporting documentation. The collective documentation associated with your expenses should answer who, what, where, when, and why of each transaction (as applicable). In your documentation, include: • Who attended (first and last names); • What purpose the expenditure served; • Why the expense was necessary, or how it furthered the City’s goals; and • When and where the expense took place. All documentation should be written in a way that will be understood by anyone who reviews it, whether today or many years from now. This includes a person outside of the City who is unfamiliar with a department’s work or jargon. 3.2 Business Purpose Examples. 5.b Packet Pg. 278 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual 3.2.1 The following would be considered incomplete business purpose descriptions for substantiation: a. Dinner with Marcus G., economic development-PPP; Miyagi Sushi b. Lunch with Echo Group c. Printing- sidewalk vending 3.2.2 The following are examples of clear, concise, and complete business purpose descriptions for substantiation: a. Dinner with Marcus Grimm, economic development- Public- Private Partnership; Miyagi Sushi. b. Lunch with Echo Group- Anh Nguyen, Felix Baca, and Ron Watson, re: development in canyon; Jose’s Mexican Food. c. Extra copies of sidewalk vending brochures printed for event at Orange Show. 3.2.3 Clear examples are important so that auditors and the public, even years from now, can understand why a purchase was made. For instance, in the examples above, printing services are usually purchased through the normal course of City business. It is only through the business description that clearly states “extra copies” printed for “event” that someone reading the backup material would understand the business need for printing outside a normal business process. 4.0 FOOD AND MEALS Food and meal purchases are covered under this policy, the City’s Procurement Card (“P-Card”) Policy and the City’s Travel Policy. Because of IRS rules, any City purchase or reimbursement of meals requires additional documentation. 4.1 General Eligibility. Purchases of food and meals are eligible for reimbursement if they are part of overnight travel (See Travel Policy), business meetings (Business Meals, Section 4.3) as allowed for Elected Officials or as approved by the City Manager, or to provide meals in the case of all-day meetings or scheduling that requires meetings to be held over a mealtime (Meals Provided During Work, Section 4.4). Any meal reimbursement will be in accordance with IRS rules. 4.2 Meals During Travel. For details about meals during travel for City business, see the City’s Travel Policy. 4.3 Business Meals. Meals that are purchased as part of business meeting are allowed for Elected Officials or as approved by the City Manager. These meals are governed under IRS rules (see IRS Pub. 5137) and require specific documentation 5.b Packet Pg. 279 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual for eligibility as business expenses. 4.3.1 IRS Requirements a. Business Connection. A description of the business purpose of the meal. The description should be thorough enough to pass audit scrutiny. See Section 5.2 for examples. b. Adequate Accounting within a “Reasonable” Period of Time. While the IRS does not specify a length of time for submitting receipts for reimbursement; this policy requires that any request for reimbursement be submitted no later than 60 days after the date of purchase. c. Excess Reimbursements are Returned within a “Reasonable” Period of Time. If an employee or Elected Official finds that they have been reimbursed more than the amount owed; the excess should be remitted to the City with ten (10) business days of discovering the error. 4.3.2 Audit and Transparency Requirements a. Itemized Receipt. The meal receipt MUST be itemized. Reimbursement will not be provided for summary receipts. b. Names of Attendees. A list of all attendees of the meeting, first and last name. 4.3.3 Tipping. A maximum tip of 20% will be reimbursed. 4.4 Meals Provided During Work. The purchase/reimbursement of meals/food for staff during work hours is allowed under the following circumstances: 4.4.1 Working Meals. Working meals must be occasional and require preapproval by the Department Director. In the case of an employee meeting held during mealtime, a good faith attempt should be made by the meeting organizer to schedule the meeting at a time that does not overlap mealtime. The following criteria must be met for a working meal to be reimbursable: 4.4.1 (1) City Business Purpose. There must be a clearly stated City business purpose for the meeting/working meal. 4.4.1 (2) List of Attendees. A list of all attendees (first and last name), and department, must be included. 4.4.1 (3) Reasonable Cost. As stewards of taxpayer dollars, it is incumbent upon all City employees and Elected Officials to use 5.b Packet Pg. 280 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual City funds wisely. Food brought in for working lunches should be reasonably priced. “Reasonable cost” while not defined in this Policy in actual dollar terms, is defined as what would be paid by a prudent person under the same circumstances. Consider the Appropriate Cost questions from Section 2.1.3 when determining reasonable cost: • Could the cost be comfortably defended under public scrutiny? • Would you be confident if the cost were selected for audit? • Would you be comfortable reading about it in the newspaper? 4.4.1 (4) Tipping. No more than a 20% tip will be reimbursed. 4.5 Prohibited Meals and Food. 4.5.1 Alcohol. The purchase of alcohol is not eligible for reimbursement. 4.5.2 Taxable Fringe Benefits. Because IRS rules require that they be included in taxable wages as fringe benefits, reimbursements will not be provided for the following categories of meals (See IRS Pub. 5137 for details): 4.5.2 (1) Individual Meals. Meals purchased for or by an individual employee or Elected Official will not be reimbursed (Except for during overnight travel, which is covered under the Travel Policy). NOTE: If an individual meal is purchased, whether by p- card or erroneously reimbursed, and the funds are not returned to the City, the cost of the meal will be included in the employee or Elected Official’s taxable wages as required by the IRS. 4.5.2 (2) Meals while on Day Trips. Meals purchased during day trips for work (not overnight) are not reimbursable, even if the trip extends beyond the regular workday. 5.0 AVAILABLE BUDGET and PRE-APPROVALS 5.1 Verify Available Budget. It is the responsibility of the employee or the Elected Official to verify that there is adequate available budget for the planned expense before making any purchase on behalf of the City. 5.b Packet Pg. 281 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual 5.2 Pre-Approval. Employees purchasing food or tangible goods for a City purpose should have the approval of their immediate supervisor or Department Director before expending personal funds whenever possible. 5.2.1 Establishes City Purpose. By obtaining pre-approval, the City purpose of the expense is already established. 5.2.2 Forms of Pre-Approval. Pre-approval is for the protection of the employee making the purchase. By obtaining pre-approval, the employee can be reasonably assured that the personal funds expended for a City business purpose will be reimbursed. As such, it is in the interest of the employee to ensure that the pre-approval: 5.2.2 (1) Includes the name of the person making the approval. 5.2.2 (2) Clearly identifies the specific expense that is pre-approved (may not be a “blanket” approval of multiple expenses). 5.2.2 (3) Can be printed or electronically attached to the request for reimbursement. 5.2.3 Verification of Allowable Expense. If an employee, supervisor, or Department Director is uncertain regarding the allowability of the expense for reimbursement, they should contact Finance for verification. 5.2.4 Exemption of Pre-Approval Requirement for Elected Officials. Elected Officials are not required to obtain pre-approval for City business-related expenses except in the case of travel (See Travel Policy). However, it is incumbent upon the Elected Official to ensure that there is adequate budget available to cover any expenses before they are incurred. 6.0 APPROVAL AND REIMBURSEMENT Requests for reimbursements should be submitted with original receipts attached and all appropriate documentation as discussed above to meet IRS, audit, and City transparency standards. Once this is complete, the request may be submitted for approval and reimbursement. 6.1 Review and Approval- Employee Request for Reimbursement 6.1.1 Approval. Employee requests for reimbursement will go through approvals in the Department as follows- the employee’s immediate supervisor, and Department Director review and approval. After the Departmental approvals are complete, the Request will be moved to Finance for final approval and reimbursement. If Finance staff questions any expenses, they will escalate the Request to the Finance Director for review and a decision as to the allowability of the expense under this Policy. Once any questions 5.b Packet Pg. 282 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual are resolved, the Request will be moved to Accounts Payable for reimbursement. 6.1.1 (1) Finance Director Decision. The Finance Director’s decision as to the allowability of an expense will be final. a. Rejected Reimbursement Memo. If the Finance Director determines that an expense is not reimbursable, they will draft a memo to the employee and the Department Director explaining the reason. b. Option to Appeal. An employee may appeal the decision of the Finance Director to the City Manager. 6.1.1 (2) Appeal to City Manager. If an employee disagrees with the Finance Director’s decision, they may appeal the decision to the City Manager within ten (10) business days of the employee receiving the Rejected Reimbursement Memo. a. Appeal Process. The employees making the appeal must submit a memo to the City Manager detailing why they disagree with the Finance Director’s decision. The memo should include specific references to this Policy. b. Language and Accessibility. If the employee believes that they require help to write the memo, help will be provided by Human Resources personnel unconnected to this process. The deadline to submit the memo will be extended to accommodate for any scheduling issue delays. The deadline of ten (10) days will be extended only in the case of a language or accessibility issue in completing the memo. c. City Manager Decision. The City Manager’s decision will be final. 6.1.1 (3) Taxability. If the City Manager allows reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137, the amount will be reimbursed, and Finance will add the amount of the reimbursement to the employee’s taxable wages, as required by IRS rules regarding fringe benefits. 6.1.2 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Department. 6.2 Review and Approval – Elected Official Request for Reimbursement 5.b Packet Pg. 283 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual 6.2.1 Approval. Elected Official Requests for Reimbursement will go through approvals as follows- the Council Supervisor/Mayor’s Executive Assistant will review the Request, verify available budget, and escalate any questioned expenses to the Finance Director for review and a decision as to the allowability of the expense under this Policy. If there are no questioned expenses, the Council Supervisor/Mayor’s Executive Assistant will approve the Request and move it to Finance for final approval and reimbursement. If Finance staff questions any expenses, they may escalate the Request to the Finance Director for further review as to the allowability of the expense under this Policy. 6.2.2 Questioned Costs. If the Finance Director finds that an expense submitted for reimbursement is not reimbursable under this Policy, and the Elected Official disagrees, the Elected Official may bring the expense before the Mayor and City Council during a regular meeting for a final determination of allowability (see Section 6.3.1). 6.2.2 (1) Taxability. If the Mayor and Council vote to allow reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137, the amount will be reimbursed, and Finance will add the amount of the reimbursement to the Elected Official’s taxable wages, as required by IRS rules regarding fringe benefits. 6.2.3 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Elected Official. 6.2.3 (1) Insufficient Budget. If there is insufficient budget in the appropriate line item to cover the expense, the Elected Official has two options: a. Request that budget be transferred from another line item within the Elected Official’s department budget in an amount sufficient to cover the expense, or b. Withdraw the Request for Reimbursement. 6.3 Rejected Reimbursement Requests to City Council – Elected Officials Only 6.3.1 Bringing a Rejected Reimbursement Request Before City Council 5.b Packet Pg. 284 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Reimbursement of Expenditures made on Behalf of the City City of San Bernardino - Administrative Policy Manual 6.3.1 (1) Documentation. For a Rejected Reimbursement Request to be considered by City Council, the Elected Official must provide in advance of the meeting: a. Substantiation of the Expense, see Section 3.0. b. All written communication (email, etc.) from City staff documenting the reason for rejecting the Request. 6.3.1 (2) Decision. The decision of City Council will be final. a. Abstain. The Elected Official requesting the reimbursement shall abstain from the vote. b. Tie Vote. If the vote results in a tie, the Mayor will cast the deciding vote unless it is the Mayor requesting the reimbursement. If the vote results in a tie, the rejection will stand. c. Council Decline. Council may decline to hear the Reimbursement Request by majority vote. If Council declines to hear the Request, the rejection will stand. d. Taxability. See Section 6.2.2 (1) 5.b Packet Pg. 285 Attachment: Exhibit A- Reimbursement Policy 08.18.2021 (8496 : Adoption of Reimbursement Policy) Page 1 Discussion City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1) Recommendation Adopt Resolution No. 2021-214 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Exclusive Negotiation Agreement (ENA) between the City of San Bernardino and San Bernardino Development Company LLC also known as 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 and 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 several alternatives for their consideration. Subsequent to Mayor and City Council discussion, the Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development tea m for the Carousel Mall property. As a component of the selection, the City Council requested that the majority of the deal points, terms and conditions be presented for consideration with six months, and that the City Council receive regular updates on the progress of negotiations. At the June 2, 2021, Mayor and City Council Meeting, 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. At the June 16, 2021, Mayor and City Council Meeting, staff provided an update on the progress of the negotiations between the City and RDICO. As a result of the update, the City Council created a Council Committee to work with and participate in the 6 Packet Pg. 286 8506 Page 2 negotiation of the ENA. Discussion Since the June 16, 2021, Mayor and City Council update, the Council Committee, City staff, City Attorney’s Office, and RDICO have been meeting regularly to negotiate the terms of the ENA. As of August 11, 2021, RDICO has executed the ENA and the document is now ready for Mayor and City Council consideration. As drafted, the ENA will be effective for six months, with two possible 90-day extensions, if agreed upon by both parties. The agreement also includes a deposit of $100,000 to cover various City costs such as specialized legal counsel and consultant costs. 2020-2025 Key Strategic Targets and Goals The execution of an ENA between the City and RDICO aligns 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, adopt Resolution No. 2021-214 authorizing the City Manager to execute the Exclusive Negotiation Agreement (ENA) between the City of San Bernardino and San Bernardino Development Company LLC also known as RDICO for the Carousel Mall property. Attachments Attachment 1 Resolution No. 2021-214 Attachment 2 Resolution No. 2021-214, Exhibit A - Draft Exclusive Negotiation Agreement 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. 6 Packet Pg. 287 Resolution No. 2021-XXX RESOLUTION NO. 2021-214 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO DEVELOPMENT COMPANY LLC FOR THE CAROUSEL MALL PROPERTY WHEREAS, on January 27, 2021, staff conducted a workshop with the Mayor and the City Council 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; and WHEREAS, on March 3, 2021, staff presented the results of the Request for Proposal (RFP) and provided the Mayor and City Council with several alternatives for consideration; and WHEREAS, subsequent to Mayor and City Council discussion at the March 3, 2021, meeting, the Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the Carousel Mall property and requested that the majority of the deal points, terms and conditions be presented for consideration with six months; and WHEREAS, since March 3, 2021, City staff has been negotiating with RDICO on the terms of the Exclusive Negotiation Agreement; and WHEREAS, on June 16, 2021, staff provided an update to the Mayor and City Council on the progress of the negotiations between the City and RDICO and as a result of the update, the City Council created a Council Committee to work with and participate in the negotiation of the ENA; and WHEREAS, the City and the RDICO, now referred to as San Bernardino Development Company, LLC, have come to terms on the Exclusive Negotiation Agreement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council authorizes the City Manager or designee, to execute the Exclusive Negotiation Agreement. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that 6.a Packet Pg. 288 Attachment: CED.ENA for Carousel Mall.Attachment 1.Reso.8.18.21 [Revision 1] (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Resolution No. 2021-XXX 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 18th day of August 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 6.a Packet Pg. 289 Attachment: CED.ENA for Carousel Mall.Attachment 1.Reso.8.18.21 [Revision 1] (8506 : Exclusive Negotiation Agreement (ENA) for Carousel 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-XXX, adopted at a regular meeting held on the 18th day of August 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 18th day of August 2021. Genoveva Rocha, CMC, City Clerk 6.a Packet Pg. 290 Attachment: CED.ENA for Carousel Mall.Attachment 1.Reso.8.18.21 [Revision 1] (8506 : Exclusive Negotiation Agreement (ENA) for Carousel 6.b Packet Pg. 291 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 292 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 293 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 294 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 295 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 296 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 297 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 298 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 299 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 300 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 301 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 302 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 303 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 304 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 305 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 306 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 307 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 308 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 309 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 310 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 311 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 312 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 313 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) 6.b Packet Pg. 314 Attachment: CED.ENA for Carousel Mall.Attachment 2. Exhibit A (8506 : Exclusive Negotiation Agreement (ENA) for Carousel Mall (Ward 1)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All Wards) Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC -1563 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code, granting arrest authority to the Business Registration Department for violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code. The Business Registration Department seeks arrest authority t o enable staff to enforce various code provisions in Title 3 (Revenue and Finance), Title 5 (Business Registration and Regulations), and Title 8 (Health and Safety) of the San Bernardino Municipal Code. Examples of the types of activities these Titles govern include, but are not limited to, transient lodging tax, business licenses, and entertainment permits. The Business Registration Staff enforces the provisions of Tile 3, Title, 5, and Title 8 of the Municipal Code through the issuance of Notices of Vio lation (NOV), Administrative Citations (Admin Cite), and Administrative Civil Penalties Notice and Orders (ACP). The Municipal Code allows for Notices to Appear to be issued to individuals who allegedly have violated provisions within these Titles. In or der for staff to issue a Notice to Appear, arrest authority must be granted to staff under Chapter 9.90 of the Municipal Code. Currently, after the Business Registration staff has exhausted the use of the NOV, Admin Cite, or ACP, assistance from Code Enfo rcement or the Police Department is needed to issue a Notice to Appear. These tasks should be handled by the Business Registration staff in order to alleviate an undue burden on the other departments. The Business Registration Department staff members have completed Penal Code section 832 training regarding how to execute proper arrest procedures. Discussion A draft Ordinance is attached that would give the Business Registration Department the arrest enforcement authority it seeks in order to enable staff to enforce violations of Title 7 Packet Pg. 315 8456 Page 2 3, Title 5, and Title 8 of the San Bernardino Municipal Code. 2020-2025 Key Strategic Targets and Goals The proposed action aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. The proposed action would maximize existing resources by utilizing the Business Registration Department employees to enforce provisions of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code. Fiscal Impact There is no direct financial impact related to this proposed action. Conclusion Read by title only, waive further reading, and introduce Ordinance No. MC -1563 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code, granting a rrest authority to the Business Registration Department for violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code. Attachments Attachment 1 Ordinance No. MC-1563 Attachment 2 Notice of Public Hearing Ward: All Synopsis of Previous Council Actions: None 7 Packet Pg. 316 ORDINANCE NO. MC-1563 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO MUNICIPAL CODE, GRANTING ARREST AUTHORITY TO THE BUSINESS REGISTRATION DEPARTMENT FOR VIOLATIONS OF TITLE 3, TITLE 5, AND TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City desires to give arrest authority to the Business Registration Manager and his or her designees in order to enforce Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code including, but not limited to, transient lodging, business licenses, and entertainment permits; and WHEREAS, the City is not changing any regulations or penalties associated with the activities governed by Title 3, Title 5, or Title 8, other than to endow the Business Registration Manager and employees thereunder to enforce existing language in the San Bernardino Municipal Code; and WHEREAS, the granting of arrest authority to the Business Registration Manager and his or her designees could maximize resources and reduce the burdens of other City departments who currently issue notices to appear for violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code, including, but not limited to, the Code Enforcement Department and the Police Department. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. A new paragraph (18) shall be added to subsection (A) of Section 9.90.010 of Chapter 9.90 of the San Bernardino Municipal Code to state as follows: “18. The Business Registration Manager and his or her designees are authorized and empowered to issue notices to appear for violations of Title 3, Title 5, and Title 8 of this Code.” 7.a Packet Pg. 317 Attachment: Attachment 1 Ordinance No. MC-1563 (8456 : Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All Ordinance No. MC-____ Page 2 of 3 SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this XXth day of , 2021. __________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney 7.a Packet Pg. 318 Attachment: Attachment 1 Ordinance No. MC-1563 (8456 : Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All Ordinance No. MC-____ Page 3 of 3 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 Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2020. Ordinance No. MC- ____ was approve passed and adopted at a regular meeting held the XX 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 7.a Packet Pg. 319 Attachment: Attachment 1 Ordinance No. MC-1563 (8456 : Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All !A000005791634! 7.b Packet Pg. 320 Attachment: Attachment 2 - Notice of Public Hearing (8456 : Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All 7.b Packet Pg. 321 Attachment: Attachment 2 - Notice of Public Hearing (8456 : Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Resolution to Approve Agreements with Staples Advantage Recommendation Adopt Resolution No. 2021-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with Staples for office supplies and an agreement for managed print services. Background In recent years, the City has been ordering office supplies and miscellaneous computer parts and components from Office Depot, GovConnection, and other suppliers on an as needed basis. While quotes were obtained for larger items, there was no way to ensure savings on small items or negotiate rates for commodities like paper. The City has also been purchasing copier machines from Konica and maintaining them through an annual maintenance contract. The City’s current fleets of multi-function copiers were purchased individually, with a cost of approximately $4,000 to $5,000 each in 2017. These aging copiers will soon need to be replaced. The City’s Purchasing Division recognized an opportunity to obtain both office supplies, and copier replacement and maintenance at lower cost by taking advantage of competitive bidding, evaluating the possibility of a copier lease, rather than purchasing copiers and contracting for maintenance. Discussion The City identified recently competitively bid contracts with Staples on which it could piggyback through SourceWell. With a usage report for office supplies, Staples was able to produce a projected cost savings of 17.5% on a minimum of 76% of the City’s total office supplies catalog. In evaluating the cost to replace the City’s fleet of multi - function copiers, Purchasing staff found that the cost to replace individual machines with comparable or lower capacity models (as needed, depending on usage) would cost from $2,300 to $12,250 per machine, exclusive of maintenance and supplies. Purchasing staff then did a comparison of a Konica lease agreement and the Staples Managed Print Services Lease Agreement versus the City’s current purchase and contract for maintenance model and determined that the City will save between 35% and 47% on copier replacement and maintenance by using the Staples lease 8 Packet Pg. 322 8470 Page 2 agreement with HP equipment. Equipment that the City currently owns will not be replaced until it is no longer serviceable. The maintenance contract with Staples includes maintenance on the City’s existing machines, which will be replaced with leased HP copiers when they are at end of life, which will vary by machine and usage. 2020-2025 Key Strategic Targets and Goals This item aligns with the Key Target No. 1: Financial Stability by ensuring that the City is obtaining the lowest cost for office, miscellaneous computer parts and components, and managed print services. Fiscal Impact There is no budget impact to the General Fund. Office suppli es, miscellaneous computer parts and components, and copier service and maintenance are included in the FY 2021/22 Adopted Budget in each department. Staff anticipates some savings from these contracts relative to the current costs, but this will vary depe nding on supply needs and copier maintenance requirements. Both contracts have three-year terms. The costs are outlined below: Contract - Staples Annual Cost Total Cost (3 years) Office Supplies (includes misc. computer parts) $749,985 $2,249,955 Managed Print Services $116,000 $350,000 TOTAL $865,985 $2,599,955 These contracts provide a savings over the current projected costs. Conclusion Adopt Resolution No. 2021-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with Staples for office supplies and an agreement for managed print services. Attachments Attachment 1 Resolution 2021-203 Attachment 2 Office Supply Agreement Attachment 3 Managed Print Agreement Ward: All Synopsis of Previous Council Actions: N/A 8 Packet Pg. 323 Resolution No. ___ RESOLUTION NO. 2021-203 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH STAPLES FOR OFFICE SUPPLIES AND MANAGED PRINT SERVICES WHEREAS, in recent years, the City has been ordering office supplies as needed from Office Depot and has been purchasing copier machines from Konica and maintaining such machines through the renewal of an annual maintenance contract; and WHEREAS, the City’s procurement team recognized an opportunity to obtain office supplies at lower cost by taking advantage of competitive bidding; and WHEREAS, the City identified a recent competitively bid contract on which it could piggyback through Sourcewell, and now wishes to enter into such contract as it is anticipated to result in savings of approximately 17.5% on office supply costs; and WHEREAS, the City’s procurement team recognized an opportunity to obtain managed print services, including replacement and maintenance of the City’s fleet of copiers, at a lower cost through a competitive bid contract; and WHEREAS, the City identified a recent competitively bid contract with Staples on which it could piggyback through Sourcewell, and now wishes to enter into such contract as it is anticipated to result in savings of between 35% and 47%. 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. Pursuant to San Bernardino Municipal Code 3.04.010(b)(2), the Mayor and City Council authorize the City Manager, or his designee, to: (1) sign a Purchase Agreement Staples Contract & Commercial LLC for the purchase of office supplies beginning August 15, 2021; (2) sign a three-year office supplies service agreement with Staples Contract & Commercial LLC of Framingham, MA; and (3) instruct the purchasing manager to issue purchase orders to facilitate payments to the vendor in accordance with the agreements. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 8.a Packet Pg. 324 Attachment: San Bernardino - Resolution 2021-203 re Staples Contracts-c1 (8470 : Resolution to Approve Agreements with Staples Advantage) Resolution No. ___ 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 8.a Packet Pg. 325 Attachment: San Bernardino - Resolution 2021-203 re Staples Contracts-c1 (8470 : Resolution to Approve Agreements with Staples Advantage) 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 8.a Packet Pg. 326 Attachment: San Bernardino - Resolution 2021-203 re Staples Contracts-c1 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 327 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 328 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 329 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 330 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 331 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 332 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 333 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 334 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 335 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 336 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 337 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 338 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 8.b Packet Pg. 339 Attachment: CONTRACT_StaplesOfficeSupplies_signed_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 1 Rev. 4/2019 Solicitation Number: RFP#012320 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Staples Contract & Commercial LLC, 500 Staples Drive, Framingham, MA 01702 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective August 1, 2020. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 6, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. 8.c Packet Pg. 340 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 2 Rev. 4/2019 This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Products and installation thereof will conform to specifications as stated in manufacturer documentation. Vendor will pass through all manufacturers’ warranties to Member (copies of such manufacturer warranties provided upon request). Vendor warrants that all Products branded TRU RED, Perk, NXT Technologies, Union & Scale, or Coastwide Professional are: (1) merchantable; (2) of good quality and workmanship; (3) free from defects latent or patent in material design and workmanship for whichever period is shorter, either (a) one year from the date of purchase, or (b) as otherwise specified on the packaging of the Products; (4) fit sufficient and safe for their intended purpose and for the particular purpose for which they were designed; and (5) in conformity with Vendor’s samples, if any. Vendor warrants that for a period of one year from performance, installation and assembly Services will meet or exceed generally accepted standards in the industry and will meet any required specifications mutually agreed upon by Vendor and Member. Additional warranties applicable to specific product categories, if any, are set forth in Vendor’s Proposal. THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. Vendor may utilize certain company affiliates under the Staples, Inc. umbrella to serve as authorized dealers and distributors under this agreement. Any sales by such affiliates pursuant to the Contract would be reflected in a written agreement between such affiliate and Sourcewell participating Member with reference made to this Contract. These affiliates include, but are not limited to, DEX Imaging, LLC, a leading nationwide managed print services provider. 3. PRICING 8.c Packet Pg. 341 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 3 Rev. 4/2019 All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. Vendor will use commercially reasonable efforts to ship Products ordered by Members before 4:00 p.m. local time within one (1) business day after acceptance of a Purchase Order, except for backordered, special-order, or out of stock Products. If a Product is backordered or shipment is delayed for any reason, Member will be notified of a delay and Vendor will deliver the delayed Product as promptly as commercially practicable. Vendor will treat delayed orders as active until Member contacts Vendor and provides other instructions. Vendor’s standard shipments will be F.O.B. Member’s location in the forty-eight (48) contiguous United States. Additional charges may apply for desk-top delivery, special delivery, non-standard delivery, rush delivery, or special or custom order products or as noted on Vendor’s e-commerce platform. Title and risk of loss for the Products will pass to Member at the time the Products are delivered to Member. Eligible products purchased online and picked up at a Vendor retail location will be available for pick up two hours after approval, charged at time of pick up, and cancelled if not picked up after five (5) days. Sales tax will be calculated based upon order pick up location. Member’s invoice may not separately designate these items as “in-store pick up.” Certain items may incur an additional charge (typically furniture items) which will be invoiced to the Member, 8.c Packet Pg. 342 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 4 Rev. 4/2019 if applicable. Unless otherwise agreed by Vendor and a Member all orders shall be subject to a minimum order size of 35.00 per order. If an order below this amount is placed, the Member will be informed it cannot be processed. The following will apply for shipments to Alaska or Hawaii: Shipments up to 159lbs. are shipped UPS 2nd Day Air. Shipments over 159lbs. or items which cannot be shipped via UPS (e.g. items classified as hazmat and/or ORM-D) are shipped ocean freight. Vendor will not ship any fully regulated hazmat items, which are shipped directly from the vendor. Ocean shipments are delivered approximately fourteen (14) days from shipment. All shipments to Alaska or Hawaii will be subject to a 25% surcharge. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. 8.c Packet Pg. 343 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 5 Rev. 4/2019 A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. Core List. The “Core List” represents net priced items which are inclusive of those products predicted to be the most commonly used products by Sourcewell and its participating Members. Prices for Core List items provided under this contract are set forth in Exhibit 1. The prices for Core List Items, excluding Premium Products, may be updated biannually on August 1st and February 1st of each year during the term that this contract in effect. Vendor may request a price change adjustment for Core List items by submitting a price change addendum to Sourcewell thirty (30) days prior to August 1st and February 1st to reflect changes in stock availability, market conditions, buying expense, tariffs and other factors that affect the overall cost of such items. The prices for Premium Products may be updated quarterly of each year during the term that this contract in effect. Premium Products are defined as toner, ink, IT hardware, copy paper and furniture that Members purchase from Vendor. Extraordinary Market Events. Vendor reserves the right to reasonably adjust a Core Item’s price if extraordinary market events require immediate adjustment (e.g. shortages, trade disputes, natural disasters, etc.) and to adjust pricing with the impact of tariffs, customs, or duties imposed on products. Any such adjustments shall be noticed to Sourcewell with thirty (30) days prior written notice accompanied by supporting documentation. Vendor will work with Sourcewell and affected Members to identify alternative products to mitigate the impact of the foregoing where possible. Updated Items. For purposes of contract management, Vendor may provide to Sourcewell an updated report no more than once a calendar quarter, which shall identify the SKU numbers and prices for the new items that Vendor and Sourcewell have added, as well as SKU numbers for items that have been removed from the from the Core List. Vendor may from time to time propose substitutions to Core Items. Sourcewell agrees that it will not unreasonably withhold its consent. Custom Pricing; Rebates & Incentives; Other Terms. Vendor may offer additional pricing discounts, rebates and/or incentives to an individual participating Member based upon commitments and variables that may include, but not limited to, Member size and scope, geography, purchase volume, guarantees, logistical expenses, manufacturer support, specific product usage and other contractual terms/requirements. Members receiving custom pricing or incentives may be required to sign a Participation Agreement with Vendor. Non-Core Items. The prices for Non-Core Items shall appear on StaplesAdvantage.com and shall be adjusted to reflect changes in stock availability, market conditions, buying expense, and other factors that affect the overall cost of the Non-Core Items. Notwithstanding anything to the contrary Non-Core Items are not subject to customer audit, or any pricing guarantee, nor 8.c Packet Pg. 344 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 6 Rev. 4/2019 shall Non-Core Items be subject to the Change Request process set forth in this Section 4. Sourced Goods. Members may request certain goods that are non-stock or custom in nature. The prices for Sourced Goods shall be those prices that appear on the ordering platform at time of order, or as otherwise established between Vendor and the applicable participating Member at the time the order is placed. Sourced Goods may include additional delivery or handling charges that would be the responsibility of the ordering Member. Pricing Exhibits. Please see the Pricing Exhibits for pricing details on the following categories: • Exhibit 1 – Core List Pricing • Exhibit 2 – Print & Copy Program • Exhibit 3 – Promotional Products Program • Exhibit 4 – Staples Technology Solutions • Exhibit 5A – Managed Print Services Capabilities • Exhibit 5B – Managed Print Services Pricing • Exhibit 5C – Managed Print Services Sample Agreement Tier One Diversity Program. Vendor reserves the right to implement a pricing upcharge when setting up a Tier One program for any Participating Member to reflect the additional cost of the diversity supplier’s program. 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. Notwithstanding anything to the contrary a Member’s participation hereunder including for the avoidance of doubt and extension of credit hereunder is contingent upon Member’s satisfaction of Vendor’s standard credit requirements. Vendor also reserve the right to refuse sales of Products to Members reselling such Products. To the extent a Member has a pre- 8.c Packet Pg. 345 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 7 Rev. 4/2019 existing separate agreement with Vendor, Vendor reserves the right not to sell products and services under multiple agreements to that Member. In addition, Vendor may terminate this Contract for any reason (i.e., for convenience) with respect to an individual Member by delivering not less than ninety (90) days prior written notice thereof to Sourcewell and the applicable Member. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 8.c Packet Pg. 346 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 8 Rev. 4/2019 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. Vendor reserves the right to terminate a purchase order pursuant to which a Member requests or demands services to be performed not enumerated by the terms of this Contract. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; 8.c Packet Pg. 347 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 9 Rev. 4/2019 x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. The administrative fee referenced in this Section shall be calculated as a percentage of Net Sales (defined below) as follows: Unless otherwise mutually agreed to in writing by Sourcewell and Staples, and except as stated below, Staples will pay Sourcewell an administrative fee of one and half percent (1.5%) of the Members’ aggregate Net Sales during each calendar quarter, which have been timely paid, to be paid within forty five (45) days after the end of each calendar quarter. An exception to the above 1.5% admin fee would be that Staples will pay Sourcewell one half of one percent (0.5%) administrative fee for participating Members’ aggregate Net Sales under the managed print services (“MPS”) program of the Contract and one quarter of one percent (0.25%) on technology product Net Sales. Net Sales. Net Sales will be defined as the gross sales price of the applicable products sold pursuant to this Contract, less shipping costs (including freight charges and insurance), taxes, duties, any rebates actually paid, discounts and allowances actually taken, rejections and returns to the extent credit is given or paid, and also excluding purchases made via staples.com, or any Staples retail channel. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 8.c Packet Pg. 348 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 10 Rev. 4/2019 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. This Section shall not apply to Vendor’s delivery, installation, design, repair, or refurbishment obligations hereunder, which Vendor may subcontract to reasonably qualified third parties. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Neither party, nor its officers, directors, employees, or Affiliates, shall be liable to the other for any special, indirect, incidental, consequential, punitive, or exemplary damages including, but not limited to, lost profits, business interruption, loss of data, or cost of cover even if the party 8.c Packet Pg. 349 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 11 Rev. 4/2019 alleged to be liable has knowledge of the possibility of such damages. The limitations set forth in this Section shall not apply to, or in any way limit liabilities arising from, a party’s gross negligence or willful misconduct, or from the confidentiality or indemnification obligations of that party. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of three (3) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. Any audit requests shall be made with thirty (30) days advance written notice and shall be conducted during normal business hours at Vendor’s corporate offices. If a third-party consultant or auditor is used, Vendor may require the execution of a confidentiality agreement prior to receiving access to any records. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to 8.c Packet Pg. 350 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 12 Rev. 4/2019 this Contract. Any use by Sourcewell of Vendor’s trademarks, logos, or other intellectual property shall be subject to Vendor’s prior written consent. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. 8.c Packet Pg. 351 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 13 Rev. 4/2019 B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, products-completed operations including construction defect, contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 8.c Packet Pg. 352 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 14 Rev. 4/2019 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage overEmployer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. 8.c Packet Pg. 353 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 15 Rev. 4/2019 B. CERTIFICATES OF INSURANCE. Upon commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed byan authorized representative. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance maintained by the additional insureds. Notwithstanding the minimum limits of coverages set forth herein, Vendor shall name Sourcewell and its Members, including their officers, agents, and employees as an additional insured for the full limits of insurance coverage, including but not limited to any excess policy coverage, purchased by Vendor. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required insurance maintained by the Vendor E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. 8.c Packet Pg. 354 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 16 Rev. 4/2019 B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 8.c Packet Pg. 355 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 17 Rev. 4/2019 “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor 8.c Packet Pg. 356 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 18 Rev. 4/2019 certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 8.c Packet Pg. 357 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 19 Rev. 4/2019 J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. In addition, Vendor may terminate this Contract for any reason (i.e., for convenience) with respect to an individual Member by delivering not less than ninety (90) days prior written notice thereof to Sourcewell and the applicable Member. 8.c Packet Pg. 358 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 012320-SCC 20 Rev. 4/2019 Sourcewell Staples Contract & Commercial LLC By: __________________________ By: __________________________ Jeremy Schwartz Joanne Harris Title: Director of Operations & Procurement/CPO Title: Chief Commercial Officer Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ 8.c Packet Pg. 359 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 5)32IILFH6XSSO\&DWDORJ6ROXWLRQV 9HQGRU'HWDLOV 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OLNHQHZௐUHPDQXIDFWXUHGௐIXUQLWXUHௐE\ௐ'DYLHVௐIURPௐOHDGLQJௐEUDQGVௐOLNHௐ.QROOௐ6WHHOFDVHௐ +DZRUWKௐDQGௐPRUHௐ$OWHUQDWLYHO\ௐ6WDSOHVௐFDQௐGLUHFWௐFXVWRPHUVௐWRௐRWKHUௐIXUQLWXUHௐ GRQDWLRQௐDQGௐUHF\FOLQJௐRSWLRQVௐOLNHௐ,51 ௐௐௐௐ/DPSVௐ%DOODVWVௐ ௐ%DWWHULHVௐ±ௐ:HௐRIIHUௐPDLOEDFNௐUHF\FOLQJௐVHUYLFHVௐRQௐ 6WDSOHV$GYDQWDJHFRPௐ6LPSO\ௐRUGHUௐWKHௐULJKWVL]HௐFRQWDLQHUௐILOOௐLWௐZLWKௐ\RXUௐJRRGVௐ DQGௐSXWௐLWௐLQௐWKHௐPDLOௐ3ULFLQJௐLVௐLQFOXVLYHௐRIௐSDFNDJLQJௐVKLSSLQJௐDQGௐUHF\FOLQJ ௐௐௐௐ2WKHUௐ+DUGWR5HF\FOHௐ,WHPVௐ±ௐ'LYHUWௐKDUGWRUHF\FOHௐZDVWHௐIURPௐODQGILOOVௐZLWKௐ 6WDSOHV¶ௐ=HURௐ:DVWHௐ%R[HVௐ6LPSO\ௐILOOௐFORVHௐDQGௐVKLSௐ6WDSOHV$GYDQWDJHFRPௐER[ௐ SULFHVௐLQFOXGHௐDOOௐVKLSSLQJௐDQGௐUHF\FOLQJௐIHHVௐ8VHௐRXUௐ=HURௐ:DVWHௐ%R[HVௐWRௐUHF\FOHௐ FRIIHHௐSRGVௐEUHDNURRPௐZDVWHௐELQGHUVௐVDIHW\ௐVXSSOLHVௐZULWLQJௐLQVWUXPHQWVௐDQGௐPRUH Bid Number: RFP 012320 Vendor Name: Staples Contract & Commercial LLC 8.c Packet Pg. 392 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) Bid Number: RFP 012320 Vendor Name: Staples Contract & Commercial LLC 83 Describe your capabilities or limitations related to ordering and/or deliveries (minimum order requirements, order consolidation, expedited shipping/delivery, etc.) According to industry research, employees making purchases outside a procurement program can increase operating costs by anywhere from 25% to 45%. Reducing maverick spend can dramatically impact the effectiveness of your procurement program. Staples uses multiple strategies to keep program compliance high and costs low. MINIMUM ORDER SIZE Unless otherwise mutually agreed to by Staples and a Sourcewell participating Member, Sourcewell and its Members shall have a minimum order size of $35.00 per order. ORDER CONSOLIDATION: REDUCING SMALL, INEFFICIENT ORDERS Industry statistics show the average cost for processing a single order transaction can be as high as hundreds of dollars depending on the organization and payment processing systems. Placing small, frequent orders incurs these costs with each order, which can be significantly reduced by order consolidation. We'll educate your end users to adopt more efficient behaviors, such as: • Ordering bi-weekly or monthly, instead of weekly or daily • Coordinating ordering with other departments • Determining frequently ordered items and ordering enough for a week • Anticipating projects that may require more supplies than usual and consolidating these supplies within regularly scheduled orders Benefits of order consolidation include: • Reduced order processing costs • Fewer deliveries and invoices to process • Less packaging, label and invoicing paper waste • CO2 savings from fewer truck deliveries INCREASING MEMBERS' ONLINE ORDERS The most efficient way for end users to order from Staples is through our e- commerce site or their e-procurement system. An order placed by phone costs Members significantly more than an order placed electronically. We'll educate participating Member's end users on online order placement. Benefits include: • Reduced order processing costs • Faster and easier ordering • Fewer ordering mistakes - fewer product returns • Real-time tracking of product delivery status Staples can communicate ordering best practices to their end users during the implementation process and on a continuous basis through client-approved customized flyers, newsletters and emails. ONLINE COMPLIANCE CONTROLS StaplesAdvantage.com also drives program compliance with features like: • The ability to customize their home page with messaging to communicate key program rules (such as minimum order requirements) and guide purchasers to preferred-item shopping lists • Shared or personal shopping lists populated with commonly ordered or preferred core items • Optional spending and approval controls that eliminate inefficient and costly small orders RETAIL PURCHASING PROGRAM & IN-STORE PURCHASING Today, customers can use the Buy Online, Pick Up in Store option and Print-to-Store to get what they need, when they need it for same day purchases. Or, they can take advantage of our Retail Purchasing Program, which ensures customers can shop in stores to receive their custom pricing or in-store sale price, whichever is lowest at the time of purchase, in any Staples store throughout the U.S. * Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. 8.c Packet Pg. 393 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) Bid Number: RFP 012320 Vendor Name: Staples Contract & Commercial LLC Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - Attachment 1 - Staples Bank and Trade References.pdf - Thursday January 23, 2020 12:11:28 Marketing Plan/Samples - Attachment 4 - Sourcewell Marketing Plan.pdf - Thursday January 23, 2020 12:11:38 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information (optional) Pricing - Staples Pricing Exhibits 1-5.zip - Thursday January 23, 2020 13:16:09 Additional Document - Staples Additional Attachments.zip - Thursday January 23, 2020 13:16:19 8.c Packet Pg. 394 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) 3URSRVHUV$VVXUDQFHRI&RPS 352326(5$6685$1&(2)&203/,$1&( 352326(5¶6$)),'$9,7 7KHXQGHUVLJQHGDXWKRUL]HGUHSUHVHQWDWLYHRIWKHHQWLW\VXEPLWWLQJWKHIRUHJRLQJSURSRVDO WKH³3URSRVHU´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¶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³FRQILGHQWLDO´ RU³QRQSXEOLF´HWF HLWKHU VXEVWDQWLDOO\RULQWKHLUHQWLUHW\8QGHU0LQQHVRWD6WDWXWH 6XEGDOOSURSRVDOVDUHFRQVLGHUHGQRQSXEOLFGDWDXQWLOWKH HYDOXDWLRQLVFRPSOHWHDQGD&RQWUDFWLVDZDUGHG$WWKDWSRLQWSURSRVDOVJHQHUDOO\EHFRPHSXEOLFGDWD0LQQHVRWD6WDWXWH SHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGD³WUDGHVHFUHW´DQGWKXVQRQSXEOLFGDWDXQGHU0LQQHVRWD¶V'DWD 3UDFWLFHV$FW 7KH3URSRVHUXQGHUVWDQGVWKDWLWLVWKH3URSRVHU¶VGXW\WRSURWHFWLQIRUPDWLRQWKDWLWFRQVLGHUVQRQSXEOLFDQGLWDJUHHVWRGHIHQGDQG LQGHPQLI\6RXUFHZHOOIRUUHDVRQDEOHPHDVXUHVWKDW6RXUFHZHOOWDNHVWRXSKROGVXFKDGDWDGHVLJQDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶V$IILGDYLWKDYHWKHOHJDODXWKRULW\WRVXEPLWWKLV 3URSRVDORQEHKDOIRIWKH3URSRVHUDQGWKDWWKLVHOHFWURQLFDFNQRZOHGJPHQWKDVWKHVDPHOHJDOHIIHFWYDOLGLW\DQGHQIRUFHDELOLW\DVLI, KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRWEHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLF VLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ-RDQQH+DUULV&KLHI&RPPHUFLDO2IILFHU6WDSOHV6WDSOHV&RQWUDFW &RPPHUFLDO//& 7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH 3URSRVHUIRUHVHHVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHFRQWUDFWXDOREOLJDWLRQVFRQWHPSODWHGLQWKHELG <HV1R Bid Number: RFP 012320 Vendor Name: Staples Contract & Commercial LLC 8.c Packet Pg. 395 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) Page 1 of 2 AMENDMENT #1 TO CONTRACT #012320-SCC THIS AMENDMENT is by and between Sourcewell and Staples Contract & Commercial LLC (Vendor). Vendor was awarded a Sourcewell Contract for Janitorial Supplies and Equipment with Related Services effective August 1, 2020, through November 16, 2024, relating to the provision of services by Vendor and to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective February 1, 2021, and upon the date of the last signature below. 2. Section 4: PRODUCT AND PRICING CHANGE REQUESTS – Paragraph 5 is amended as follows: The prices for Premium Products, except Janitorial Premium Products, may be updated once quarterly: August - October, November -January, February - April, May-July of each year during the term that this Contract. These Premium Products are defined as toner, ink, IT hardware, copy paper, and furniture that Participating Entities purchase from Staples. The prices for Janitorial Premium Products may be updated upon 30 days’ prior written notification. Manufacturer’s documentation will be provided when available. Janitorial Premium Products are defined as janitorial paper, towel, tissue, paper-related items, petroleum-, resin-, and steel-based products, custom products, and seasonal products that Participating Entities purchase from Staples. 8.c Packet Pg. 396 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) Page 2 of 2 Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Staples Contract & Commercial LLC By: By: Authorized Signature Authorized Signature Jeremy Schwartz Joanne Harris Name – Printed Name – Printed Title: Director of Operations & Procurement/CPO Title: Chief Commercial Officer Date: Date: Sourcewell–APPROVED: By: Authorized Signature Chad Coauette Name – Printed Title: Executive Director/CEO Date: 8.c Packet Pg. 397 Attachment: CONTRACT_StaplesSuppliesandServices_08.18.2021 (8470 : Resolution to Approve Agreements with Staples Advantage) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approval of the Mayor and City Council Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the August 4, 2021, Mayor and City Council meeting. 9 Packet Pg. 398 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 4, 2021 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, August 4, 2021, via Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Mayor Pro-Tem, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander 9.a Packet Pg. 399 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 8/5/2021 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, spoke about the evaluation of the City Manager on the Closed Session agenda. She urged the Council to dismiss the City Manager Field and commented that his contract states that he can be fired with cause. Leticia Garcia, San Bernardino, spoke about the evaluation of the City Manager and commented that he should be dismissed. She also spoke about the City Clerk’s evaluation and requested that the Mayor and City Council give a thorough and honest evaluation. She expressed that the City Clerk has made mistakes and that the City should look for a qualified and professional people. The evaluations conducted in Closed Session should be taken seriously. She also stated that she hoped the negotiations with RDICO regarding the Carousel Mall go well. Tim Dorame (written and read into record by motion)- Mr. Dorame stated the City Manager should be dismissed and that the Mayor should be censured. The Mayor and City Council convened into Closed Session at 5:39 p.m. CLOSED SESSION (A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to GovernmentCode Section 54957): Title: City Manager Title: City Attorney Title: City Clerk (B) 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 The Regular meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:19 PM. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend James McKenzie from New Hope Missionary Baptist Church led the invocation and Council Member Figueroa led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho informed both Closed Session items were discussed and there was no reportable action. CITY MANAGER UPDATE City Manager Field provided city-wide updates related to Animal Services department, San Bernardino City Unified School District, and the Parks and Recreation department. 9.a Packet Pg. 400 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 8/5/2021 MAYOR AND CITY COUNCIL UPDATES Mayor Valdivia expressed his appreciation for the City staff. He informed that he had toured three schools in the district and was excited to see the children back in school. Council Member Sanchez spoke on a successful National Night Out and thanked everyone that was involved. Mayor Pro-Tem informed that there would be a Sizzlin’ Summer event at Fiscalini Field by Perris Hill Park in the afternoon and invited everyone to attend. She also ann ounced there would be a booth set up for rental assistance for anyone impacted by C ovid-19; notified that the next Neighborhood Association meeting for the Muscupiabe Neighborhood would be held on August 19th at Davidson Elementary. Council Member Figueroa thanked everyone who attended National Night Out and expressed his appreciation for the San Bernardino police officers. He informed that Director Karen Suarez of Uplift San Bernardino shared information on how residents can start their own business and provided their contact information 909-381-1294. Council Member Figueroa recognized the Rancho West Neighborhood Association for their neighborhood cleanup; he informed Dump Day event scheduled at San Manuel Stadium on August 28th, which would include a mulch giveaway and shredding event. Council Member Reynoso congratulated the school district on going back to school and requested that everyone exercise patience with the teachers. He encouraged everyone to attend the North Park Neighborhood Association on August 26th at Life Changing Ministries. Council Member Calvin spoke on the success of National Night Out. She thanked Treasure Ortiz and Jeanette McKaig for bringing the idea forward and the police department for their support. She wished Ms. Charlie Jacobs a happy birthday, thanked Alan Stanley the owner of the Enterprise building for the events he has hosted, she thanked Christopher Gonzalez for a great job with the Art Walk. Council Member Calvin informed that the City had funding for Emergency Rental Assistance and more information could be obtained on the City’s website. Mayor Valdivia informed that the City had ERAP1 and ERAP2 funds and encouraged renters to submit applications for assistance. Council Member Damon Alexander informed he had attended the Black Chamber’s business conference and it focused on how to start and help small businesses and said it was well attended. He also spoke on the success of the art walk and informed he attended Movie in the Park with his family. Council Member Alexander announced that Assembly Member Eloise Gomez Reyes had given the City of San Bernardino a certificate of recognition for participating in National Night Out. Lastly he spoke on the next neighborhood association meeting and referred everyone to the Facebook page for more information. Council Member Figueroa announced that the Turkey Trot registration was now open and encouraged everyone to participate. 9.a Packet Pg. 401 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 8/5/2021 Mayor Valdivia informed that he, along with Council Member Alexander had attended the opening of Jack in the Box, and he spoke on the businesses he was working on bringing to the City of San Bernardino; he said on his attendance at National Night Out and thanked the police department for their efforts. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Leticia Garcia, San Bernardino, stated that the Mayor should be censured. Treasure Ortiz, San Bernardino, thanked various individuals for their support in putting together the National Night Out. She states that the Council failed to fire the City Manager, but they should censure the Mayor tonight. She also questioned how the Council is voting to distribute City funds. Gerri Dehart, San Bernardino, requested Council’s help with being evicted from her condo. She asked for guidance so she will not be homeless after her condo is sold. Jim Penman, San Bernardino, offered suggestions on how the City can manage the homeless population. He stated that City investigators used to be on the streets providing services to the homeless, but that proce ss has ended. He believes the City should reimplement the previous program. Paige Miller, San Bernardino, thanked staff for updates on the animal shelter. She also thanked the Water Department for sending reminder notices for pet licenses. She encouraged the community to spay and neuter their pets. She also asked for the Council to consider future items regarding the homeless, and regarding fireworks. Joel Rothschild, San Bernardino, spoke about the use of fireworks within the City. He believes all fireworks should be illegal because they cause fires and endanger people and animals. He questioned why Council has not acted on this. Che Wright, San Bernardino, thanked Council for addressing the American Relief Funds. She does not agree with some of the pr oposed recommendations for spending, but she does agree with the assistance for the homeless. She believes some of the funds should be invested into small business owners and black business owners. Harry Hatch, San Bernardino, asked that the Mayor pay attention to the Council today. He also commented on the fireworks sales in the City. He wanted to know how much was paid by each organization to obtain their selling permit. He states the City does not have accurate accounting of this. He believes fireworks cost the City more money than they make. Robert Porter, San Bernardino, spoke about the Omnitrans bus lane on E St. He states that the bus lane delineators are an eyesore and that Omnitrans should fix them. He requested that Commission Chairs should receive extra time for public comments to provide updates; he spoke on creating a record of all of the historical locations throughout the City, as one does not currently exist. Jon Shollenberger, San Bernardino, stated that the relationship citizens have with the Police Department is vital and agrees with a “community policing” ideology. He feels 9.a Packet Pg. 402 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 8/5/2021 safe and is thankful for Lt. Korrell of the Police Department for her contributions to the Arrowhead Community Association. Victor Velasco, San Bernardino, said he supports banning fireworks in the City. He also encouraged the community to register to vote on National Voter Registration Day, which is September 28th and inquired whether the City had any plans to promote the date. Mrs. Negrete, San Bernardino, thanked some Council members for visiting some schools. She wanted to know if the Council members noticed the conditions of the roads near the schools. The roads need repair, and some schools don’t have sidewalks near them. She also questioned why Lt. Korrell has not done anything regarding the illegal gambling facilities in the City. She believes there should be an independent audit of the Police Department. Heather Zappia, San Bernardino, an Employment Specialist with Southern California Resource Services for Independent Living. They are a new center in the City that provides many services for disabled people. She asked that the Council keep disabled individuals in mind when building independent living centers. Sonya Gray-Hunn, San Bernardino, spoke about keeping long term residents of the City in place. She asked the Council to value current residents. She proposed that the Council discuss how to allocate American Rescue Funds and CARE Act with the community. Hardy Brown, San Bernardino, (read into record by Councilmember Calvin), suggested that the City partner with various community organizations to complete the proposed American Rescue Fund projects. He also voiced support for the Diversity and Inclusion Officer position in the City. He stated that the Mayor is abusive to staff. He also wanted to know the status of several issues and programs withing the City. He offered praise to the City Clerk for doing a fantastic job. Pastor Steven Shepard, San Bernardino, (read into record by Councilmember Calvin), offered suggestions for how to alleviate homelessness. He wants the City to partner with churches to address the homeless problem. Tim Dorame, San Bernardino, (read into record by City Clerk Rocha), states that the Council is complicit to corruption if they do not “fire him” tonight. APPOINTMENTS 1. Arts and Historical Preservation Commission 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. Tawnya D. Rhoades-Hensley to the Arts and Historical Preservation Commission representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 9.a Packet Pg. 403 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 8/5/2021 2. Elected Official Compensation Advisory Commission Reappointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Peggi Hazlett to the Elected Official Compensation Advisory Commission representing Ward 5 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Mayor Valdivia voted on the commission appointments RESULT: APPROVED THE APPOINTMENTS OF MS. TAWNYA D. RHOADES-HENSLEY TO THE ARTS AND HISTORICAL PRESERVATION COMMISSION, MS. PEGGI HAZLETT TO THE ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION, CARRIED 8-0 – Passed Unanimously MOVER: Sandra Ibarra, Ward 2 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, and Mayor Valdivia NOES: None DISCUSSION 3. 2021 League of California Cities Designation of Voting Delegates and Alternates (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and two alternate voting delegates for the 2021 League of California Cities Annual Conference & Expo on September 22-24, 2021, in Sacramento, California. RESULT: APPROVE THE SELECTION OF COUNCIL MEMBER CALVIN AS THE VOTING DELEGATE, COUNCIL MEMBER ALEXANDER AS THE ALTERNATE VOTER, AND COUNCIL MEMBER REYNOSO AS THE SECOND ALTERNATE VOTER (CARRIED 6-1, COUNCIL MEMBER SANCHEZ OPPOSED) MOVER: Ben Reynoso, Ward 5 SECONDER: Kimberly Calvin, Ward 6 AYES: Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Sanchez 4. American Rescue Plan Funds Discussion and Planning Recommendation It is recommended that the Mayor and City Council review, discuss and provide feedback on the recommendations for investment of the American Rescue Plan funds. 9.a Packet Pg. 404 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 8/5/2021 City Manager Field explained that the discussion on the American Rescue Plan Funds was the first step in a process for council’s consideration. Barbara Whitehorn provided a presentation to the Mayor and City Council. The Mayor and City Council discussed recommendations for use of the American Rescue Plan Funds. Some of the recommendations included were: Tiny Homes, a navigation wellness center for homeless services, a detailed plan for homelessness relief Funding for the Violence Intervention Program including using cannabis funds Improvements at local parks such as Lytle Creek, Nicholson, and Delm ann Park, Seccombe Lake Park, the creation of a city center water park Infrastructure repairs for areas such as Muscot and Walnut due to severe flooding Funding for micro-grants to help local small business owners Secure funding for the Storm Drain Study and work with local agencies Shift money from the Baseline Storm Drain Study to redevelop Seccombe Lake Funding for citywide improvements to the built environment A citywide campaign for graffiti clean-up Funding towards a City Hall building Improvements at Shandin Hills Golf Club, California Theatre, and the 66ER’S stadium 5. Censure of Mayor John Valdivia by City Council (All Wards) Recommendation Review and discuss the process for adopting a Resolution of Censure concerning Mayor John Valdivia’s conduct, establish whether there is substantial evidence to proceed, provide due process and decide whether to schedule a hearing and consideration of final Resolution of Censure. Council Member Calvin expressed that whoever had been colluding with the Mayor or assisting the Mayor with the reasons listed needed to be accountable for their actions. Council Member Shorett stated he wanted to allow the City Attorney to finish the independent investigation and return with a report. He said evidence needed to be gathered. 9.a Packet Pg. 405 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 8/5/2021 City Attorney Carvalho explained that some data with respect to some of the items listed on the staff report is substantial evidence and can be presented. She explained that the Mayor needed to be given his due process. Council Member Figueroa questioned whether the City's defense position could be jeopardized if the City Council made a decision on Item No. 8 listed in the staff report. City Attorney Carvalho stated staff would have to look into that and not make conclusions regarding the allegations. Council Member Figueroa asked that the City Council move forward wit hout putting the City in further jeopardy. RESULT: ACCEPT THE FIRST STEP OF THE PROCESS, DIRECT THE CITY ATTORNEY TO GO FURTHER WITH THE INVESTIGATION, ONCE THE EVIDENCE IS GATHERED TAKE THE NEXT STEPS TO HOLD A PUBLIC HEARING, AND GIVE THE MAYOR HIS DUE PROCESS MOVER: Fred Shorett, Ward 4 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a Council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 6. Encanto Community Center Lease Agreement with County of San Bernardino (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-194 authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and the County of San Bernardino for use of a portion of the Encanto Community Center effective September 1, 2021. 9.a Packet Pg. 406 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 8/5/2021 7. Award of as Needed On-Call Traffic Engineering Professional Services Agreements (All Wards) Recommendation Adopt a Resolution No. 2021-195 of the Mayor and City Council of the City of San Bernardino, California, approving the award of Professional Services Agreements with the firms of Kimley-Horn and Associates, Inc., Rick Engineering Company, and Transtech Engineers, Inc., for as needed on-call traffic engineering services. 8. Irrevocable Agreement to Annexation No. 2021-366 (Ward 4) Recommendation Adopt Resolution No. 2021-196 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 4790 and 4794 North “F” Street (APN 0265-191-19) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 9. Award Professional Services Agreement for Local Roadway Safety Plan (LRSP) Report (All Wards) Recommendation Adopt a Resolution No. 2021-197 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Professional Services Agreement in the amount of $179,889.47 for the preparation of the Local Roadway Safety Plan (LRSP) with Kimley-Horn and Associates, Inc. 10. Resolution for Acceptance of AHS Properties (Ward 1) Adopt Resolution No. 2021-198 of the Mayor and City Council of the City of San Bernardino, California, approving the acceptance of the transfer of certain real property located near the southeast corner of North “D” and West 8 th Streets, San Bernardino, California (APNs 0140-282-05-0-000; 0140-282-71-0-000; 0140-282- 74-0-000; and 0140-282-75-0-000), and approving certain related actions. 11. Job Descriptions, Classifications, Reclassifications and Amending Salary Schedule (All Wards) Recommendation Adopt Resolution No. 2021-199 of the Mayor and City Council of the City of San Bernardino, California, approving the: 1. Reclassification of Housing Division Manager (U) to Deputy Director of Housing and Homelessness (U); 2. Job description and classification for Deputy Director of Housing and Homelessness (U); 3. Job description and classification for Homeless Services Coordinator; and 4. Update of the Diversity Inclusion Officer (U) job title to Diversity, Equity and Inclusion Officer (U); 9.a Packet Pg. 407 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 8/5/2021 5. Amendment of the City-wide salary schedule for fulltime, part-time, temporary, and seasonal positions; and 6. Amendment to Fiscal Year 2021/22 Adopted Budget by appropriating an additional $151,393 in the Community and Economic Development Department. 12. Amendment No. 1 to Professional Services Agreement with Valued Engineering, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-200 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving Amendment No. 1 to the Professional Services Agreement with Valued Engineering to establish a not to exceed amount of $1.5 million dollars; and 2. Authorizing the City Manager or designee to increase the purchase order, on an as-needed basis and up to a maximum of five times (totaling an additional $500,000) by $100,000 increments in each instance for Plan Review, Inspection and Stormwater Management services in order to continue services. 13. 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 July 2021. 14. Initiation of I-210 Freeway Interchange Eastbound Off-Ramp at Waterman Avenue in the Valley Freeway Interchange Phasing Program (VFI) (Ward 7) Recommendation Adopt Resolution No. 2021-201 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager to submit a letter to the San Bernardino County Transportation Authority (SBCTA) initiating the development of phased improvement for the I-210 / Waterman Avenue Interchange Project under the Valley Freeway Interchange Phasing Program (VFI). ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 15. New Subdivision Connection Trail (Ward 5) - Council Member Reynoso MOTION BY MAYOR- PRO TEM IBARRA, SECOND BY COUNCIL MEMBER SANCHEZ, TO ADD THE REQUEST TO A FUTURE AGENDA, CARRIED 7-0. 16. Graffiti Abatement (Ward 7) - Council Member Alexander MOTION BY MAYOR- PRO TEM IBARRA, SECOND BY COUNCIL MEMBER SANCHEZ, TO ADD THE REQUEST TO A FUTURE AGENDA, CARRIED 7-0. 9.a Packet Pg. 408 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Regular Meeting Agenda August 4, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 8/5/2021 REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended. ADJOURNMENT The meeting of the Mayor and City Council adjourned at 10:25 PM on Wednesday, August 4, 2021. 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, August 18, 2021, in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC 9.a Packet Pg. 409 Attachment: 08-04-2021 Regular Meeting Minutes (8471 : Approval of the Mayor and City Council Minutes) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: On-Call Building Plan Check, Inspection and Staffing Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the eighth amendment to the Professional Services Agreement between the City of San Bernardino and Willdan Engineering for plan review, inspection, stormwater management and counter services, increasing the contract by $650,000 for services rendered during FY 2020/21 required to keep pace with increases in plan check submittals and building inspection requests. 2. Authorize the Director of Finance to amend the FY 2020/21 adopted operating budget to increase revenues received by the Community and Economic Development Department by $1,000,000 to record the additional revenue received for plan check and building inspections. 3. Authorize the Director of Finance to amend t he FY 2020/21 adopted operating budget to increase the appropriation to the Community and Economic Development Department expense budget by $650,000 and authorizing the Director of Finance to record a change order to the Willdan Engineering, purchase order, increasing the not-to-exceed amount to $2,150,000. 4. Adopt Resolution No. 2021-205 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering, the City of San Bernardino and Interwest Consulting Group and the City of San Bernardino and 4Leaf to include two (2) one-year extension options for plan check, building inspection and staffing services. 10 Packet Pg. 410 8472 Page 2 Background The Community and Economic Development Department strives to provide next day building inspection services and a 10-day turnaround on plan review services for all projects. Due to the cyclic nature of construction activity and the broad expertise necessary for the proper review of construction drawings, the City contracts with outside companies for specialized plan reviews and inspection services related to building and safety. These resources are needed to provide acceptable levels of service to the public. On September 2, 2014, the Mayor and City Council approved the original Consultant Services Agreement with Willdan Engineering, (Resolution 2014-327) to provide building inspection and counter technician services to keep pace with the increase in plan check submittals and building inspections requests. This agreement has been amended multiple times to allow for on -going increases in development activities that have occurred during the course of the last seven years. Since the last amendment to the agreement with Willdan was approved, the Community and Economic Development Department completed a Request for Proposal (RFP) to solicit interest from professional consulting firms that provide on -call contract services related to building plan check, inspection and staffing services. Discussion Existing Services. There has been a marked increase in the number, size and scope of projects being processed by the Building and Safety Division. This has been a continuing trend over the last 7 years and staff makes ev ery effort to keep up with the volume of work. Over the past year, staff has processed a number of large logistics buildings (over 2.5 million square feet), over 300 new single-family homes, over 120 new accessory dwelling units, a variety smaller commercial projects just to name some of the projects being processed. The Division anticipated that the volume of work would have decreased during the pandemic but in fact, the volume has increased. This increase in demand has required additional service delivery by the City. Consequently, there was a corresponding need to increase contract services with Willdan due to the large influx of development projects as well as staff turnover related to a building inspector and counter technicians. To keep pace with t he volume of plan check and building inspection services needed through the end of the FY 2020/21 the City had to supplement services with additional support provided through Wildan requiring an amendment to the existing agreement for services rendered through June 30, 2021. While there was an increase in costs for these services, the City received off -setting revenue during this same period, for a net positive budget amendment. Proposed Services. On February 5, 2021, an RFP was posted on Planet Bids to provide building plan check, inspection and supplemental staffing services. Fifteen firms responded to the RFP all of which meet the minimum qualifications. A panel comprising of an engineer, the Building Official, and a planner reviewed the proposals. The proposals were ranked based on completeness, demonstrated experience, cost, and technical competence. 10 Packet Pg. 411 8472 Page 3 In order to meet the City’s operational needs moving forward, staff is recommending that the City take a different approach to retaining a consultant(s) to provide these essential services. Specifically, the Building and Safety Division has been utilizing the services of Willdan Engineering since 2014. Although Willdan Engineering is a local and competent firm, additional resources are needed based on the increase demand for plan check and inspection services. Staff is recommending that the City retain three consulting firms. These resources will provide the additional daily and on -call resources to handle the increase in plan check and inspection services currently and in the future. Staff will also be able to obtain a more competitive plan check charge for larger plan checks. The following is a summary of each of the recommended firms: INTERWEST CONSULTING GROUP (Ontario) - INTERWEST provides building and safety and construction management services throughout Southern California. It provides a team of licensed engineers and/or ICC (International Code Council) certified Plans Examiner and Building Inspector to support and supplement existing staf f. 4LEAF, INC (Newport Beach) - 4LEAF retains a group of licensed professionals capable of evaluating any type of structure or occupancy, including building, structural, mechanical, plumbing, electrical, energy, accessibility, and green plan review. WILLDAN ENGINEERING (San Bernardino) - WILLDAN provides building and safety services to a vast number of jurisdictions throughout California. This firm provides a range of services including building and safety plan review through their proprietary plan review software and inspection including CASp (Certified Access Specialist) review. It has been a consultant for the City for the past several years and has demonstrated a commitment to delivering timely plan check responses. Due to the cyclic nature of construction activity and the broad expertise necessary for the proper review of construction drawings, the City contracts with outside companies for specialized plan reviews and inspection services related to building and safety. These resources are needed to provide acceptable levels of service to the public. Authorization of these contracts for a three-year period recognizes the multi-year nature of construction projects while still enabling regular review of the vendors’ performance and solicitation of competitive proposals. It should be noted that the costs related to these on-call services are covered in total by the plan check and permit fees collected by the Building and Safety Division. 2020-2025 Key Strategic Targets and Goals The contract amendment is consistent with Key Target No. 1b: Financial Stability. Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions. While, the Plan Check, Inspection and Staffing Services aligns with Key Target No. 4. Economic Growth and Development. Specifically, the contract services will assist the City in providing a higher level of services in a shorter amount of time facilitating economic growth in the community and improves customer service. 10 Packet Pg. 412 8472 Page 4 Fiscal Impact These actions result in a net $350,000 positive impact for the FY 2020/21 General Fund Budget. Willdan Contract Amount $1,500,000 Requested Amendment 650,000 Amended Contract Amount $2,150,000 Additional Revenue $1,000,000 Additional Expenditure (650,000) Budget Impact $ 350,000 The Community and Economic Development Department is requesting an amendment to the contract for $650,000, which brings the total contract amount from $1,500,000 to $2,150,000 through June 30, 2021. This contract work is entirely offset by $1,000,000 in associated revenue, requiring an amendment to revenue collected by the Building and Safety Division in the amount of $1,000,000, for a net of $350,000 positive budget impact. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the eighth amendment to the Professional Services Agreement between the City of San Bernardino and Willdan Engineering for plan review, inspection, stormwater management and counter services, increasing the contract by $650,000 for services rendered during FY 2020/21 required to keep pace with incre ases in plan check submittals and building inspection requests. 2. Authorize the Director of Finance to amend the FY 2020/21 adopted operating budget to increase revenues received by the Community and Economic Development Department by $1,000,000 to record the additional revenue received for plan check and building inspections. 3. Authorize the Director of Finance to amend the FY 2020/21 adopted operating budget to increase the appropriation to the Community and Economic Development Department expense budget by $650,000 and authorizing the Director of Finance to record a change order to the Willdan Engineering, purchase order, increasing the not-to-exceed amount to $2,150,000. 4. Adopt Resolution No. 2021-205 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering, the City of San Bernardino and Interwest Consulting Group and the City of San Bernardino and 4Leaf to include two (2) one-year extension options for plan 10 Packet Pg. 413 8472 Page 5 check, building inspection and staffing services. Attachments Attachment 1 Resolution 2021- 204 Attachment 2 Resolution 2021- 204; Exhibit A - Amendment Number Eight to the PSA with Willdan Engineering Attachment 3 Resolution 2021- 205 Attachment 4 Resolution 2021- 205; Exhibit A - PSA with 4Leaf, Inc Attachment 5 Resolution 2021- 205; Exhibit B - PSA with Willdan Engineering Attachment 6 Resolution 2021- 205; Exhibit C - PSA with Interwest Consulting Group Wards: All Synopsis of Previous Council Actions: September 2, 2014 Resolution 2014-327 approving a Consultant Services Agreement with Willdan Engineering and CSG Consultants, Inc. for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official and Counter Services not to exceed $355,000. October 20, 2014 Resolution 2014-366 approving amendment one to the Professional Services Agreement with Willdan Engineering. February 17, 2015 Resolution 2015-28 approving amendment two to increase the contract amount of the Professional Services Agreement with Willdan Engineering by $180,000. March 21, 2016 Resolution 2016-51 approving amendment three to increase the contract amount of the Professional Services Agreement with Willdan Engineering in the amount not to exceed $705,000. July 18, 2016 Resolution 2106-147 approving amendment four to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $835,000. July 5, 2017 Resolution 2017-121 approving amendment five to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $1,190,000. June 5, 2019 Resolution 2019-151 approving amendment six to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $1,500,000 for a term ending September 30, 2019 with two six-month extensions. October 7, 2020 Resolution 2020-247 approving amendment seven to the Professional Services Agreement with Willdan Engineering for a 10 Packet Pg. 414 8472 Page 6 period of six months with an additional three months to cover any unforeseen circumstances. 10 Packet Pg. 415 RESOLUTION NO. 2021-204 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. EIGHT WITH WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER MANAGEMENT AND COUNTER SERVICES, INCREASING THE TOTAL CONTRACT AMOUNT TO $2,150,000 WHEREAS, on September 2, 2014, City and Willdan (“Willdan”) entered into a Consultant Services Agreement, setting forth the terms and conditions under which Willdan would perform Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official and Counter Services (the “Agreement”); and WHEREAS, from October 2014 through July 2017, City and Willdan entered into Amendments Nos. 1 through 5, for the purpose of increasing the not-to-exceed amount of the Agreement ; and WHEREAS, City and Willdan entered into Amendment No. 6, dated June 5, 2019, to the Agreement for the purpose of increasing the not-to-exceed amount of the Agreement, extending the term, and providing two extension options to City. WHEREAS, City and Willdan entered into Amendment No. 7, dated October 7, 2020, for the purpose of extending the term of the Agreement. WHEREAS, City and Willdan desire to amend the Agreement to modify the not-to-exceed amount of the Agreement to $2,150,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute Amendment No. 8 to the Consultant Services Agreement with Willdan Engineering, attached hereto as Exhibit “A”, in an amount not-to-exceed $2,150,000. SECTION 3. The authorization to execute the above-referenced amendment is rescinded if the amendment is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where is can be seen with certainty, as in this case, that there is no possibility that 10.a Packet Pg. 416 Attachment: CED.On-Call Building Plan Check Inspection Services Amend.Resolution 2021-204 (8472 : On-Call Building Plan Check, Inspection Resolution No. ___ 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 August 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 10.a Packet Pg. 417 Attachment: CED.On-Call Building Plan Check Inspection Services Amend.Resolution 2021-204 (8472 : On-Call Building Plan Check, Inspection 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 10.a Packet Pg. 418 Attachment: CED.On-Call Building Plan Check Inspection Services Amend.Resolution 2021-204 (8472 : On-Call Building Plan Check, Inspection AMENDMENT NUMBER EIGHT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND WILLDAN ENGINEERING FOR PLAN REVIEW, INPECTION, STORMWATER MANAGEMENT, AND COUNTER SERVICES THIS AMENDMENT NUMBER EIGHT TO AGREEMENT is made and entered into this 18th day of August 2021 (“Effective Date”), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city (“CITY”) and WILLDAN ENGINEERING (“CONSULTANT”). WITNESSETH: WHEREAS, CITY and CONSULTANT entered into the Original Consultant Services Agreement on September 2, 2014; and WHEREAS, CITY and CONSULTANT now wish to amend the agreement to increase the contract for a total amount of $2,150,000; and NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 2.1 Compensation is hereby amended to increase the total amount not to exceed $2,150,000 per contract. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Eight to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO WILLDAN ENGINEERING ________________________________________ APPROVED BY: Signature _______________________________ ________________________________________ Robert D. Field, City Manager Name ATTESTED BY: ________________________________________ Title _______________________________ Genoveva Rocha, CMC, City Clerk APPROVED AS TO FORM: _______________________________ Sonia Carvalho, City Attorney 10.b Packet Pg. 419 Attachment: CED.On-Call Building Plan Check Inspection Amendment No 8. Exhibit A (8472 : On-Call Building Plan Check, Inspection and Resolution No. XXX RESOLUTION NO. 2021-205 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING PROFESSIONAL SERVICES AGREEMENTS WITH WILLDAN ENGINEERING, INTERWEST CONSULTING GROUP, INC., AND 4LEAF, INC. FOR ON- CALL PLAN CHECK, INSPECTION AND STAFFING SERVICES WHEREAS, since 2014, Willdan Engineering has provided professional services to the Community and Economic Development and Public Works Departments (formerly the Development Services Department). Services rendered include plan review services to the Building and Safety Division, Land Development Division and the Public Works Department; inspections services for both the Building and Safety and Land Development Divisions, and supplemental staffing services to the same two divisions; and WHEREAS, additional resources are now necessary based on the increased demand for plan check and inspection services; and WHEREAS, based on the principals of good government, periodically rebidding professional services allows City staff to evaluate the best services delivery method along with the best price to provide said services; and WHEREAS, on February 5, 2021, City staff issued a Request for Proposal on PlanetBids seeking consultants to provide building plan check, inspection and supplemental staffing services; and WHEREAS, upon receipt of the proposals, a team of the City’s professional staff began the process of reviewing the proposal with a view to selecting the number and identity of consultants that would best serve the City’s operational needs; and WHEREAS, in connection with the review of the proposals submitted in response to the RFP, City staff recommends that the City Council authorizes the execution of on-call Professional Services Agreements with Willdan Engineering, Interwest Consulting Group, Inc. and 4Leaf Inc. to provide the requested services; and WHEREAS, the adoption of this Resolution allows the City Manager, or designee, to execute the three on-call Professional Services Agreements. 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 Professional Services Agreements with: (1) Willdan Engineering, attached hereto as Exhibit “A”; (2) Interwest 10.c Packet Pg. 420 Attachment: CED.On-Call Building Plan Check Inspection Services PSA.Resolution 2021-205 (8472 : On-Call Building Plan Check, Inspection Resolution No. XXX Consulting Group, Inc., attached hereto as Exhibit “B” and; (3) 4Leaf Inc. attached hereto as Exhibit “C”. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 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 August 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 10.c Packet Pg. 421 Attachment: CED.On-Call Building Plan Check Inspection Services PSA.Resolution 2021-205 (8472 : On-Call Building Plan Check, Inspection Resolution No. 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 10.c Packet Pg. 422 Attachment: CED.On-Call Building Plan Check Inspection Services PSA.Resolution 2021-205 (8472 : On-Call Building Plan Check, Inspection 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING This Agreement is made and entered into as of July 1, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Willdan Engineering, a California corporation with its principal place of business at 650 E. Hospitality Lane, Suite 400, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: ON CALL PLAN CHECK AND INSPECTION SERVICES (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B” and the City Council has allocated sufficient resources for the requested services in the budget. 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. 10.d Packet Pg. 423 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 2 a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from July 1, 2021 to July 1, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. a. Extension Options. City shall have two (2) one year extension options. City may exercise its extension options at any time during the term of this Agreement by giving written notice to Consultant pursuant to the provisions of Section 29 of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt 10.d Packet Pg. 424 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 3 and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or mor e of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall 10.d Packet Pg. 425 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 4 at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified 10.d Packet Pg. 426 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 5 herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 10.d Packet Pg. 427 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every em ployer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry ou t the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Aviation and/or Drone Liability 10.d Packet Pg. 428 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 7 If Consultant uses drones at any times as part of the Services, Consultant shall procure and maintain, at all times during the performance of the work under this Agreement, Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required 10.d Packet Pg. 429 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 8 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written n otice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is p rimary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims - made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth here in shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions 10.d Packet Pg. 430 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial gene ral liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project , or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. 10.d Packet Pg. 431 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 10 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub -subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in 10.d Packet Pg. 432 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 11 the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said terminat ion. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, includin g reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 10.d Packet Pg. 433 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 12 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnishe d to and become the property of the City. 27. Organization. Consultant shall assign Patrick Johnson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Director of Community and Economic Development With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408 Attn: Patrick Johnson 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereu nder. Each Party acknowledges that no representations, inducements, promises , or agreements 10.d Packet Pg. 434 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 13 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall 10.d Packet Pg. 435 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 14 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE] 10.d Packet Pg. 436 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 10.d Packet Pg. 437 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [attached] 10.d Packet Pg. 438 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, Cover Letter February 25, 2021 City of San Bernardino Attn: Vanessa Slouka 290 North D Street San Bernardino, CA 92401 Subject: Proposal – Plan Check, Building, Grading, Site Inspection and Staffing Services F-21-17 Dear Ms. Slouka: Willdan Engineering is pleased to present this proposal to the City of San Bernardino to continue to provide Building and Safety services to the City. Willdan has been a consistent industry leader for more than 57 years providing all aspects of municipal and infrastructure engineering, including building and safety, public works, public financing, planning, and construction management services. While our exceptional services are presented in this response, listed below are reasons why Willdan is uniquely qualified to provide these services to the City of San Bernardino. Demonstrated Competence and Unmatched Jurisdictional Knowledge – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California. In this capacity, we provide a full range of services including Building Official services, building and safety plan review, permit issuance, inspection, and code enforcement. Willdan has been providing services to the City of San Bernardino for more than 30 years and our staff has extensive experience working with the City’s procedures and expectations for quality service to the community. Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office, just 3.5 miles to the City’s office – making Willdan conveniently located and responsive to the City’s requests. Electronic Plan Review – Willdan Engineering offers electronic plan review which reduces foot traffic at City Hall and significantly expedites review as well as reduces shipping and printing costs for the applicant while promoting a paperless environment at no additional cost to the City or permit applicants. CASp Certified Inspectors and Plans Examiners – Willdan Engineering can provide CASp certified specialists to the City, as required by Senate Bill No. 1608, specifically CHAPTER 549. Local Preference – With a local San Bernardino office, Willdan has been an integral part of the San Bernardino community since 1977. Customer Service – Our approach to user-friendly customer service specifically results in reduced number of plan review rechecks and has allowed us to meet the required plan check turnaround time standards of the City. Likewise, the assignment of experienced building inspectors by Willdan results in accurate-time effective field building inspections. 10.d Packet Pg. 439 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, Page Two February 25, 2021 Mr. Patrick Johnson, PE, CBO, Director of Building and Safety, will serve as Project Manager and is authorized to contractually bind Willdan. Mr. Johnson will oversee all day-to-day services provided to the City and can be reached as shown below: Mr. Patrick Johnson, PE, CBO Director of Building and Safety Willdan Engineering 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408 (909) 915-4361 pjohnson@willdan.com This proposal shall remain valid for a period of not less than 120 days from the date of this submittal. As demonstrated in our proposal, our team possesses the skill and experience required to address the City’s needs. We look forward to continuing our service to the City of San Bernardino and it’s community. Respectfully submitted, WILLDAN ENGINEERING Patrick Johnson, PE, CBO Director of Building and Safety 10.d Packet Pg. 440 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, Cost Willdan has listed its percentage fee schedule for plan review services based on valuations and hourly rates. Expedited plan review will be charged a 1.25 factor based on the building plan review fee tables below. Percent of fee plan review will be charged through three reviews including approval. Subsequent reviews, if required, will be charged based on our hourly rate schedule. BUILDING PLAN REVIEW WILLDAN PERCENTAGE* Valuation up to $999,000 65% of fees collected Valuation of $1,000,000 ‐ $5,000,000 60% of fees collected Valuation of greater than $5,000,000 50% of fees collected Optional: Projects with a City plan check fee over $10,000 May be negotiated on a project basis for the first 3 plan reviews. Reviews after the 3rd review will be billed hourly *Structural Only Plan Review = 45% of the Willdan fee *Architectural/MEP Only Plan Review = 35% of the Willdan fee SERVICE PROVIDED HOURLY RATE Building Plan Review $118/hour Civil Plan Review $118/hour Building Inspection $85/hour Grading Inspection $97/hour CASp Plan Review/Inspection $118/hour Permit Technician $60/hour General Administrative Services $55/hour On‐Call Building Official $125/hour On‐Call Plan Check Engineer $120/hour 10.d Packet Pg. 441 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING Consultant: WILLDAN ENGINEERING The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO WILLDAN ENGINEERING Dated: Dated: By: By: 10.d Packet Pg. 442 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 4.Exhibit A (8472 : On-Call Building Plan Check, 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTERWEST CONSULTING GROUP, INC. This Agreement is made and entered into as of August 18, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Interwest Consulting Group, Inc., a corporation with its principal place of business at 1500 S. Haven Avenue, Suite 200, Ontario CA 91761 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: ON CALL PLAN CHECK AND INSPECTION SERVICES (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B” and the City Council has allocated sufficient resources for the requested services in the budget. 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. 10.e Packet Pg. 443 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 2 a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates se t forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from August 18, 2021 to August 18, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreeme nt. a. Extension Options. City shall have two (2) one year extension options. City may exercise its extension options at any time during the term of this Agreement by giving written notice to Consultant pursuant to the provisions of Section 29 of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt 10.e Packet Pg. 444 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 3 and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or mor e of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall 10.e Packet Pg. 445 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 4 at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified 10.e Packet Pg. 446 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 5 herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 10.e Packet Pg. 447 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every em ployer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry ou t the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required 10.e Packet Pg. 448 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 7 (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior writte n notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver 10.e Packet Pg. 449 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims - made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the 10.e Packet Pg. 450 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 9 liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project , or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunte ers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required 10.e Packet Pg. 451 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 10 by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shal l defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub -subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or fe deral court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment 10.e Packet Pg. 452 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said terminat ion. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, includin g reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and 10.e Packet Pg. 453 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 12 become the property of the City. 27. Organization. Consultant shall assign Roger Peterson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Director of Community and Economic Development With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: 1500 S. Haven Ave., Suite 200 Ontario, CA 91761 Attn: Gilbert Petris 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained her ein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 10.e Packet Pg. 454 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 13 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreeme nt, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 10.e Packet Pg. 455 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE] 10.e Packet Pg. 456 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTERWEST CONSULTING GROUP, INC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT INTERWEST CONSULTING GROUP, INC Signature Name Title Avner Alkhas Chief Financial Officer 10.e Packet Pg. 457 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [attached] 10.e Packet Pg. 458 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 1500 S. Haven Avenue, Suite 220 Ontario, CA 91761 909.295.3142 February 25, 2021 Ms. Vanessa Slouka, Assistant Buyer City of San Bernardino Finance Department 290 North D Street San Bernardino, CA 92401 RE: Proposal Response to RFP F-21-17 for Plan Check, Building, Grading, Site Inspection and Staffing Services Dear Ms. Slouka, Interwest Consulting Group, Inc. (Interwest) is pleased to present this proposal to the City of San Bernardino to provide Building and Civil/Site Plan Review Services; Building, Grading and Site Inspection Services; Building Official Services; and Counter Technician Services. Interwest has provided these services to public agencies throughout California, including nearby agencies such as the cities of Eastvale, Upland, Corona, Colton, Pomona, Beaumont, Perris, Chino Hills, Lake Forest, Monterey Park, Anaheim, Wildomar, the County of Riverside, the County of San Bernardino and many more. Interwest’s proposal in response to the City’s RFP provides a detailed overview of the services we offer, the methods we utilize to implement our services in a seamless manner and the high level of knowledge and experience Interwest and our team can provide to the City. At the City’s direction, Interwest is prepared to provide a complete and integrated team or individual staff members to support the Building and Safety Division. We have the largest staff of building safety professionals of any firm in Southern California and California as a whole, offering highly qualified and appropriately California licensed structural, civil, mechanical, electrical and fire protection engineers, California registered architects, ICC certified plans examiners, CASp certified access specialists, ICC certified building inspectors, ICC certified building officials, ICC certified permit technicians and additional staff specializing in providing complete Building Safety Services. Our proposed team can provide the full spectrum of the required services efficiently and effectively. Interwest’s Regional Manager for Building Safety Services, Roger Peterson, will serve as Interwest’s Project Manager and the single point of contact between the City and Interwest for all services. Roger Peterson, SE – Project Manager C: 916.202.2902 | rpeterson@interwestgrp.com Interwest’s Director of Building Safety Services Ron Beehler will serve as Interwest’s Principal-in-Charge and will be the point of contact during the proposal evaluation and contract negotiation period. Ron Beehler, SE, CBO, ICC – Principal-in-Charge C: 949.613.5595 | rbeehler@interwestgrp.com Interwest has seven (7) offices in Southern California. The office closest to the City of San Bernardino, from which this project will be managed, is located in Ontario (1500 S. Haven Ave., Suite 220, Ontario, CA 91761). The Ontario office telephone number is 909.295.3142. Page 1 10.e Packet Pg. 459 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, We have reviewed the City’s RFP and sample professional services contract, as well as Set 1 of the City’s answers to questions posted on the PlanetBids portal, and are prepared to adhere to all RFP requirements and applicable addenda. Our proposal is a firm offer for a period of one hundred twenty (120) days following the proposal submission date. As a Company Officer, I am authorized to bind Interwest to the terms and conditions of this proposal and the City’s RFP, including the insurance requirements detailed in RFP Section II. We stand ready and available to complete the work outlined in the RFP and appreciate the opportunity to provide services to the City of San Bernardino. Please contact Ron Beehler or Roger Peterson directly if you have questions or concerns. Respectfully submitted, Michael Kashiwagi, PE Chief Operations Officer Interwest Consulting Group chael Kashssssssssssssssssssssssssssssssssssssssssssssssssssssssssiwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwag hief Operattttttttttttttttttttttttttttttttttttioiioiioiioioiiiioiioioioiiiioiiiiiiiiioooioiooiooooonsssssssssssssssssssssssssssssssssssssssssssssssssssssssss terwest Consuluululululullulluluululuulululluululllululuululluuullulluuu Page 2 10.e Packet Pg. 460 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, Cost and Price Form Compensation as a Percentage of the City’s Plan Review Fee Interwest will provide the following services for the indicated percentage of the City’s current plan review fees as determined per the City’s Adopted Fee Schedule: Service Provided Percentage of Total Plan Review Fee Complete Review (When City plan review fee ≤ $10,000.00)........... 63% Complete Review (When City Plan Check Fee > $10,000.00)........... To be negotiated on a project basis Partial Review on an hourly basis when requested ......................... Hourly rates based on table below Architectural Review only ................................................................... 30% Structural Review only ........................................................................ 40% MEP Review only .................................................................................. 65% (of City’s MEP plan review fee) Our proposed fee for projects consisting of MEP Review only will be charged at 65% of the City’s MEP fee, per the City’s Adopted Fee Schedule. Plan review fees listed above shall be considered full compensation for all plan review performed through the third recheck. If additional rechecks are required, Interwest may charge additional plan review time at agreed-upon hourly rates if the base plan review fee is not adequate to cover Interwest’s cost for the review. Expedited plan review services will be provided at a rate of 150% of the proposed fees. We understand that t he City may assign any plan review at an hourly rate at the City’s sole discretion. Hourly Rates for Services The hourly rates listed below shall be applicable to services other than plan review, except as noted above. CLASSIFICATION HOURLY BILLING RATE Licensed Plan Review Engineer (Struct., Civil, Mech., Elect.).................................................... $ 135 Licensed Fire Plan Review Engineer / Fire Protection Engineer .................................................. 135 Licensed Civil / Grading Plan Review Engineer ............................................................................. 135 ICC certified Plans Examiner ........................................................................................................... 105 ICC certified Fire Plans Examiner / Inspector ................................................................................ 105 CASp Plans Examiner / Inspector .................................................................................................... 110 ICC Certified Building Official .......................................................................................................... 140 ICC certified Building Inspector* ................................................................................................ 80-105 Building Counter Technician* ...................................................................................................... 65-70 Administrative ..................................................................................................................................... 65 10.e Packet Pg. 461 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, * Rates vary depending on experience and certification levels At the City’s discretion, projects not assigned a valuation by the Department may be billed to the City based on the hourly rates listed above and the actual plan check time in one- half hour increments. Interwest shall invoice the City for services rendered on a monthly basis. Inspection and on-site services provided in excess of regular 8 hours per day, nights and weekends will be invoiced at 140% of the above fees. There will be a minimum eight (8) hour fee for each day staff are requested to work in the City’s office. Mileage incurred performing inspections for the City will be reimbursed at the current IRS rate. Expedited plan review services completed on an hourly basis will be charged at a rate of 150% of the above noted hourly rates. 10.e Packet Pg. 462 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTERWEST CONSULTING GROUP, INC. Consultant: INTERWEST CONSULTING GROUP, INC. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO INTERWEST CONSULTING Dated: Dated: By: By: 10.e Packet Pg. 463 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 5.Exhibit B (8472 : On-Call Building Plan Check, 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 4LEAF, INC. This Agreement is made and entered into as of August 18, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and 4Leaf, Inc., a California corporation with its principal place of business at 5140 Birch Street, Second Floor, Newport Beach, CA 92660 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: ON CALL PLAN CHECK AND INSPECTION SERVICES (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B” and the City Council has allocated sufficient resources for the requested services in the budget. 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in t heir proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. 10.f Packet Pg. 464 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 2 a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designat ed as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreemen t shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from August 18, 2021 to August 18, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. a. Extension Options. City shall have two (2) one year extension options. City may exercise its extension options at any time during the term of this Agreement by giving written notice to Consultant pursuant to the provisions of Section 29 of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt 10.f Packet Pg. 465 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 3 and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state an d local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall 10.f Packet Pg. 466 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 4 at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified 10.f Packet Pg. 467 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 5 herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 10.f Packet Pg. 468 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every em ployer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry ou t the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Aviation and/or Drone Liability 10.f Packet Pg. 469 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 7 If Consultant uses drones at any time as part of the Services, Consultant shall procure and maintain, at all times during the performance of the work under this Agreement, Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 10.f Packet Pg. 470 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 8 j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written n otice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is p rimary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims - made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth here in shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 10.f Packet Pg. 471 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 9 l. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium p aid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project , or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunte ers. 10.f Packet Pg. 472 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 10 Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontra ctors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended fr om time to time, and shall require all subconsultants and sub -subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with 10.f Packet Pg. 473 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 11 the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said terminat ion. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, includin g reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations 10.f Packet Pg. 474 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 12 hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Marcus Johnson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Director of Community and Economic Development With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: 5140 Birch Street, Second Floor Newport Beach, CA 92660 Attn: Marcus Johnson 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained her ein, and supersedes and cancels any prior or contemporaneous oral or written understanding, 10.f Packet Pg. 475 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 13 promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the 10.f Packet Pg. 476 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 14 right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE] 10.f Packet Pg. 477 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 10.fPacket Pg. 478Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [attached] 10.f Packet Pg. 479 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, Engineering x Construction Management x Inspection x Plan Check x Planning 5140 Birch Street, Second Floor x Newport Beach, CA 92660 x Phone (949) 887-9432 402 West Broadway, Suite 400 x San Diego, CA 92101 x Phone (619) 595-4873 CityofSanBernardinoFebruary25,2021 FinanceDepartment 290NorthDStreet SanBernardino,CA92401 RE:ProposaltoProvidePlanCheck,Building,Grading,SiteInspectionandStaffingServices. DearFinanceDepartment, 4LEAF,Inc.(4LEAF)isaCalifornia“C”Corporationthatwasestablishedin1999andincorporatedin 2001.WeareexcitedtohavetheopportunitytopresentourqualificationstoprovidePlanCheck, Building,Grading,SiteInspectionandStaffingServicesfortheCityofSanBernardino(City).4LEAFhas beenprovidingBuilding&SafetyservicesfornumerouspublicandprivateclientsinCaliforniaformore than20years.4LEAFistheidealchoiceforthefollowingreasons: ; SouthernCaliforniaExperience 4LEAFisoneofthelargestfirmsinCaliforniaservingmorethan140jurisdictionsandwehavethe localpersonnelreadytoservicetheCity.BelowisasmallsamplingofourSouthernCaliforniaclientele: •CountyofVentura •CountyofLosAngeles •CityofWhittier •CityofMalibu •CityofAnaheim •CityofFontana •CityofVictorville •CityofSanMarcos •CityofBakersfield •CityofChinoHills •CityofSanLuisObispo •CityofSignalHill •CityofHemet •CityofLaQuinta •City/County/PortofSanDiego ; DepthofResources Regardlessofthetypeofpersonnelyouarelookingfor,4LEAFhasthedepthofresourcestoprovide qualitystaffonshortnotice.4LEAFhasaproventrackrecordofprovidingplanners,buildingofficials, inspectors,planningandpermittechnicians,andplanreviewengineerswithin24hoursofarequest. 4LEAFhasthelargestpoolofinspectorsintheindustry(morethan175)andcanserveanybuilding, fireinspection,orplanreviewneedtheCitymayhave.TheCitywillhaveaccessto4LEAF’s comprehensiveplanreviewteamwhichincludesStructural/CivilEngineers,Mechanical/Electrical Engineers,Architects,FireProtectionEngineers,andICCͲCertifiedPlansExaminers. ; Approach Ourstaffincorporatestherightcombinationofexperience,education,certifications,and registrations,whichallowthe4LEAFteamtoprovideawiderangeofresourcescustomizedtothe specificrequirementsofeachclientandproject.4LEAFprincipalsandprojectmanagershavethe experienceandconfidencetohandleanyrequest—youcanbeconfidentthatyouwillbedealingwith staffwhounderstandyourdepartmentandserviceprotocols.4LEAF’sapproachtoprovidingservices totheCityisstraightͲforward: x ProvidehighlyqualifiedprofessionalswhoknowhowtopartnersuccessfullywiththeCity x Supplyprovenresourcesandinnovativeideas x Offerresourcereliabilityandflexibility x RespondtotheCity’sneeds x CommunicatewiththeCity,Developers,Contractors,Architects,andhomeowners honestlyandcandidly 10.f Packet Pg. 480 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, Page2 ProposaltoProvidePlanCheck,Building,Grading,SiteInspectionandStaffingServices 5140 Birch Street, Second Floor x Newport Beach, CA 92660 x Phone (949) 887-9432 402 West Broadway, Suite 400 x San Diego, CA 92101 x Phone (619) 595-4873 ; ComprehensivePlanReviewServices 4LEAFisoneoftheBuilding&Safetyindustry’sleaderinPlanReviewServices.4LEAF’sPlanReview Servicesinclude: x StructuralEngineersandMechanical/Electrical/PlumbingPlanReviewStaff x CivilReviewandFireReview x Expeditedplanreviewservices x Specialnegotiateddiscountedratesforlarge/complexreviews x Immediateresponsefrom4LEAF’sprojectmanagerormanagementteam ; BuildingInspectionServices 4LEAFhasthelargestgroupofbuildinginspectorsinCalifornia.Wemanagemultiplelargecontracts withlargeinspectionteamsofapproximately10ormorestaff.Mostofthesecontractsincludeplan reviewandinspectionservicesandconsistofprojectsthatrangefromtheseveralmilliontobillions ofdollarsofconstructionvaluationinthosecities/stateagencies.4LEAFalsohasaproventrackrecord ofprovidingstaffasneededincludingstaffingforshortͲtermassignmentsincludingoneday assignmentstocoverstafftraining,sickdays,vacationdays,orspikesinpermitactivity. ; ElectronicPlanReviewServices 4LEAFishastheabilitytoreview,markupandtransportplansofanysizeelectronically.Thisprocess deliversahighdegreeofcosteffectiveness,timeefficiencyanda“green”andenvironmentally friendlysystem.Aprotectedonlineportalwillbeestablishedtoallowpropertyowners,contractors, developers,businesses,designersandotherstakeholderstosubmitplanselectronicallyforreview. AccesstotheonlineportalwillbegiventoCitystaffforimmediate(realͲtime)accesstoinformation regardingprojectstatusduringthereviewprocess. ; CASpExpertise 4LEAFhas10CertifiedAccessSpecialistsonstaff.WehaveperformedCASpinspectionandplan reviewprojectsandhaveconsultedonnumerousconstructionprojectsforaccessibilityquestionsand adviceforseveralourclients. ; Leadership ThecontractwiththeCitywillbemanagedbyMarcusJohnson.Marcushasatrackrecordofsuccess withcitiesandcountiesthroughoutCalifornia. 4LEAF,Inc.–LocalOffice4LEAF,Inc.–CorporateOffice 5140BirchStreet,SecondFloor 2126RheemDrive NewportBeach,CA92660Pleasanton,CA94588 Office:(949)877Ͳ9432Office:(925)462Ͳ5959 Cell:(909)996Ͳ0511Fax:(925)462Ͳ5958 Email:mjohnson@4leafinc.com Website:4LEAFINC.COM AsPresidentofthisfirm,Iamauthorizedtobindthiscontract.ThepricingprovidedinourBilling Structureisvalidfor120daysfollowingtheopeningofthissubmittal.Ifyouhaveanyquestionsor requireadditionalinformation,pleasefeelfreetocontactmeatyourconvenience.Imaybereachedin myofficeat(925)462Ͳ5959oremailedatkduggan@4leafinc.com. Respectfullysubmitted, KevinJ.Duggan,President 10.f Packet Pg. 481 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, Proposal to Provide Plan Check, Building, Grading, Site Inspection and Staffing Services for the City of San Bernardino Page 1 Section 6: Cost and Price Forms May 27, 2021 Section 6: Cost and Price Forms 2021-2022 FEE SCHEDULE & BASIS OF CHARGES For the City of San Bernardino All Rates are Subject to Basis of Charges NATURE OF BUILDING SERVICES COST STRUCTURE Building Department Services Complete Plan Review Percentage Cost: 55% Up to $10,000 plan review fee Plan reviews greater than $10,000 are negotiable Plan Review Hourly Cost: $110 Non-Structural Review $130 Structural Review CASp Inspection and/or Review: $150/hour Fee includes initial review and two (2) rechecks. hourly after three (3) plus rechecks. Fee includes shipping and courier service. Fee Structure for Personnel Interim Chief Building Official .................................................................................................. $135/hour Senior Combination Building Inspector (Building Inspector III) ............................................... $105/hour Commercial Building Inspector (Building Inspector II) ............................................................ $90/hour Residential Building Inspector (Building Inspector I) ............................................................... $80/hour Training Building Inspector....................................................................................................... $65/hour Code Enforcement .................................................................................................................... $80/hour Clerk/Administrator ................................................................................................................. $60/hour Permit Technician ..................................................................................................................... $65/hour Senior Permit Technician ......................................................................................................... $75/hour On-Site Structural Plan Review Engineer ................................................................................. $130/hour On-Site Non-Structural Plans Examiner ................................................................................... $110/hour Civil Plan Review (Grading)....................................................................................................... $110/hour Fire Protection Engineer (FPE) ................................................................................................. $140/hour Fire Plan Examiner .................................................................................................................... $130/hour Fire Prevention Officer ............................................................................................................ $130/hour Fire Inspector I .......................................................................................................................... $105/hour Fire Inspector II ......................................................................................................................... $120/hour Public Works Inspector ............................................................................................................. $147/hour CASp Inspection ........................................................................................................................ $150/hour Project Inspector / Inspector of Record ................................................................................... $125/hour* OSHPD Inspector ...................................................................................................................... $135/hour Off-Site Project Manager .......................................................................................................... $160/hour Principal-in-Charge ................................................................................................................... $185/hour 10.f Packet Pg. 482 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, Proposal to Provide Plan Check, Building, Grading, Site Inspection and Staffing Services for the City of San Bernardino Page 2 Section 6: Cost and Price Forms May 27, 2021 Hourly overtime charge per inspector ........................................................................... 1.5 x hourly rate Mileage (for inspections performed within the City) ..................................................... IRS Rate + 20% *Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. BASIS OF CHARGES Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly. • Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the Section 6: Cost and Price Forms. Return time will be within five (5) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed in the Compensation Schedule. • All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply. • Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with discounted pricing when applicable. • 4LEAF assumes that these rates reflect the 2021-2022 contract period. 3% escalation for 2023 and 2024 is negotiable per market conditions. • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other responsible designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. 10.f Packet Pg. 483 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 4LEAF, INC. Consultant: 4LEAF, INC. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO 4LEAF, INC. Dated: Dated: By: By: 10.f Packet Pg. 484 Attachment: CED.On Call Building Plan Check Inspection and Staffing Services.Attachment 6.Exhibit C (8472 : On-Call Building Plan Check, Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Investment Portfolio Report for July 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2021. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended July 31, 2021. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2020-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for July 2021. 11 Packet Pg. 485 8479 Page 2 Attachments Attachment 1 Investment Portfolio Management Summary Report Ward: All Synopsis of Previous Council Actions: N/A 11 Packet Pg. 486 11.aPacket Pg. 487Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value July 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 0.218LOCAL AGENCY INVESTMENT FUND10001 34,763,124.40 34,763,124.40 0.22134,763,124.40SYS 1 0.218LOCAL AGENCY INVESTMENT FUND10003 38,841,443.97 38,841,443.97 0.22138,841,443.97SYS10003 1 73,604,568.3773,604,568.3773,604,568.3789,094,179.44Subtotal and Average 0.218 1 Certificates of Deposit 2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 248,632.4002587DM70 122 2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 249,922.6005580AGK4 207 2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 262,605.9314042RLW9 1,033 2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 264,986.6520033AU61 988 2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 253,654.1827002YEP7 296 3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 255,559.5038148P4B0 534 3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 262,565.5261760AVF3 913 2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 262,458.6461760AG52 1,047 2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 254,559.09668015AL4 561 2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 250,761.6469140WAS4 331 2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 251,205.34857894SK6 165 1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 247,916.4287165FNC4 81 2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 261,687.6987270LBU6 935 2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 249,694.77940727AH3 206 3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 535,529.85949763WU6 900 3,955,000.004,111,740.223,955,000.003,955,000.00Subtotal and Average 2.564 576 Managed Pool Accounts 0.168CALTRUST GOVT INVESTMENT FUND20008 1,782.97 1,782.97 0.1701,782.9720008 1 1,782.971,782.971,782.971,782.73Subtotal and Average 0.168 1 Federal Agency Issues - Coupon 1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,003,745.64 12/13/20212.11012/31/2019 2,014,760.00 Aaa3133EH2T9 134 0.278FEDERAL FARM CREDIT BANK30596 1,000,000.00 999,745.93 10/05/20230.27010/05/2020 999,570.00 Aaa3133EMBQ4 795 0.158FEDERAL FARM CREDIT BANK30597 1,000,000.00 1,000,000.00 10/13/20220.16010/13/2020 1,000,090.00 Aaa3133EMCH3 438 0.138FEDERAL FARM CREDIT BANK30598 1,000,000.00 1,000,000.00 04/08/20220.14010/08/2020 1,000,000.00 Aaa3133EMCJ9 250 0.128FEDERAL FARM CREDIT BANK30604 1,000,000.00 999,695.00 02/10/20230.11002/10/2021 1,000,060.00 Aaa3133EMQH8 558 0.334FEDERAL FARM CREDIT BANK30605 1,000,000.00 999,339.06 02/10/20250.32002/10/2021 997,380.00 Aaa3133EMQG0 1,289 0.473FEDERAL FARM CREDIT BANK30608 2,000,000.00 2,000,000.00 03/03/20250.48003/03/2021 1,996,940.003133EMSC7 1,310 0.740FEDERAL FARM CREDIT BANK30611 1,000,000.00 1,000,000.00 03/17/20250.75003/17/2021 999,960.003133EMTT9 1,324 0.700FEDERAL FARM CREDIT BANK30613 1,000,000.00 1,000,000.00 04/01/20250.71004/01/2021 1,002,170.00 Aaa3133EMUP5 1,339 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 488 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value July 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.720FEDERAL FARM CREDIT BANK30630 1,000,000.00 1,000,000.00 05/19/20250.73005/19/2021 999,580.003133EMZW5 1,387 0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,036.11 05/26/20260.95005/26/2021 999,890.003133EMB76 1,759 0.641FEDERAL FARM CREDIT BANK30642 1,000,000.00 1,000,000.00 06/09/20250.65006/09/2021 998,790.003133EMF98 1,408 0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 999,910.00 Aaa3133EMU91 1,450 0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 997,864.38 09/16/20250.55007/21/2021 997,250.003133EL7K4 1,507 1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,782.74 11/29/20211.87501/19/2017 1,006,030.00 Aaa3130AABG2 120 1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,758.37 11/29/20211.87502/14/2017 1,006,030.00 Aaa3130AABG2 120 0.615FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.50002/26/2021 1,989,600.003130AL6L3 1,670 0.690FEDERAL HOME LOAN BANK30610 1,000,000.00 1,000,000.00 06/24/20250.70003/24/2021 999,480.003130ALLA0 1,423 0.592FEDERAL HOME LOAN BANK30614 1,000,000.00 1,000,000.00 11/29/20240.60003/29/2021 1,000,020.00 Aaa3130ALRM8 1,216 1.026FEDERAL HOME LOAN BANK30616 1,000,000.00 1,000,000.00 03/30/20261.04003/30/2021 1,000,830.003130ALTG9 1,702 0.654FEDERAL HOME LOAN BANK30617 1,000,000.00 999,543.68 03/17/20250.65003/26/2021 999,740.00 Aaa3130ALLP7 1,324 1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 1,000,800.003130ALV68 1,702 0.740FEDERAL HOME LOAN BANK30623 1,000,000.00 1,000,000.00 04/28/20250.75004/28/2021 1,000,670.003130AM4D1 1,366 0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 999,900.003130AMLJ9 1,578 0.542FEDERAL HOME LOAN BANK30633 1,000,000.00 1,000,000.00 11/26/20240.55005/26/2021 999,950.003130AMK92 1,213 0.370FEDERAL HOME LOAN BANK30636 1,000,000.00 1,000,000.00 06/03/20240.37506/03/2021 998,960.003130AMMM1 1,037 1.036FEDERAL HOME LOAN BANK30638 2,000,000.00 2,000,000.00 06/16/20261.05006/16/2021 2,000,700.003130AMLZ3 1,780 0.404FEDERAL HOME LOAN BANK30639 1,000,000.00 1,000,000.00 08/01/20240.41006/01/2021 999,130.003130AMHH8 1,096 0.681FEDERAL HOME LOAN BANK30640 1,000,000.00 1,000,000.00 06/10/20250.69006/10/2021 1,002,090.003130AMMT6 1,409 0.370FEDERAL HOME LOAN BANK30641 1,000,000.00 1,000,000.00 06/24/20240.37506/24/2021 1,000,780.003130AMR38 1,058 0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 999,780.003130AMSY9 1,520 0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 998,630.003130AMTZ5 1,580 1.110FEDERAL HOME LOAN BANK30649 1,000,000.00 1,000,000.00 06/26/20261.12506/30/2021 1,000,250.003130AMXR8 1,790 1.134FEDERAL HOME LOAN BANK30652 1,000,000.00 1,000,000.00 07/27/20261.15007/27/2021 1,000,280.003130AN5V8 1,821 0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 998,920.00 Aaa3130AMUD2 1,702 0.690FEDERAL HOME LOAN BANK30654 1,000,000.00 1,000,000.00 04/29/20250.70007/29/2021 1,000,150.003130ANBU3 1,367 1.341FEDERAL HOME LOAN MORTGAGE CRP30518 1,000,000.00 999,930.66 08/12/20211.12511/07/2016 1,000,300.00 Aaa3137EAEC9 11 1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,989.65 01/26/20222.00001/30/2017 428,939.75 Aaa3134GAU44 178 2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,011,690.00 Aaa3134GA5T7 211 1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,002,340.00 Aaa3134GA5C4 46 2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 999,506.21 04/26/20222.00011/06/2017 1,014,320.00 Aaa3134GBP55 268 0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 1,002,410.00 Aaa3134GVT99 1,429 0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 1,002,560.00 Aaa3134GWCB0 1,086 0.247FEDERAL HOME LOAN MORTGAGE CRP30590 1,000,000.00 1,000,000.00 11/03/20220.25008/03/2020 1,000,010.00 Aaa3134GWHD1 459 0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 1,001,990.00 Aaa3134GWHR0 1,016 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 489 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value July 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.247FEDERAL HOME LOAN MORTGAGE CRP30599 1,000,000.00 1,000,000.00 07/07/20230.25010/26/2020 999,950.00 Aaa3134GWVF0 705 0.263FEDERAL HOME LOAN MORTGAGE CRP30601 1,000,000.00 1,000,000.00 11/02/20230.32011/02/2020 1,000,370.00 Aaa3134GW6E1 823 0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 993,520.19 12/23/20250.70003/24/2021 997,980.00 Aaa3134GXHD9 1,605 0.670FARMER MAC30650 1,500,000.00 1,498,380.68 04/28/20250.65006/23/2021 1,505,460.00 Aaa31422BYS3 1,366 1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,894.52 10/07/20211.37510/13/2016 1,002,390.00 Aaa3135GOQ89 67 1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,920.10 10/07/20211.37510/31/2016 1,002,390.00 Aaa3135G0Q89 67 1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,019.62 10/07/20211.37511/03/2016 1,002,390.00 Aaa3135GOQ89 67 1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 999,360.94 10/07/20211.37511/18/2016 1,002,390.00 Aaa3135G0Q89 67 1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,108.89 01/05/20222.00001/23/2017 1,008,240.00 Aaa3135G0S38 157 1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,913.14 01/05/20222.00002/02/2017 1,008,240.00 Aaa3135G0S38 157 2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,829.05 01/05/20222.00003/02/2017 1,008,240.00 Aaa3135G0S38 157 2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,013,780.00 Aaa3136G4MQ3 240 0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 1,000,000.00 Aaa3136G4ZF3 1,451 0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 999,310.00 Aaa3136G4C43 1,474 0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 1,003,160.00 Aaa3136G4F99 747 0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 997,950.00 Aaa3136G45C3 1,548 0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 998,160.00 Aaa3135GA2N0 1,556 65,913,884.5666,024,029.7565,925,000.0067,334,715.08Subtotal and Average 0.903 1,016 Treasury Securities - Coupon 1.919U.S. TREASURY40001C 1,000,000.00 1,000,042.49 08/31/20212.00002/21/2017 1,001,540.00 Aaa912828D72 30 1,000,042.491,001,540.001,000,000.002,935,391.37Subtotal and Average 1.919 30 Money Market Funds 0.010WELLS FARGO GOVT MONEY MARKET20002 0.00 0.00 0.01007/01/2021 0.00SYS20002 1 0.000.000.000.00Subtotal and Average 0.000 0 Corporate Notes 1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,266.25 05/10/20231.95001/10/2020 1,028,640.00 A02665WDH1 647 0.466AMAZON.COM INC30627 1,000,000.00 999,378.43 05/12/20240.45005/13/2021 999,790.00023135BW5 1,015 1.051AMAZON.COM INC30628 1,000,000.00 996,977.01 05/12/20261.00005/13/2021 1,008,820.00023135BX3 1,745 1.732APPLE INC30554 1,000,000.00 999,390.51 09/11/20221.70012/10/2019 1,016,920.00 Aaa037833DL1 406 1.800APPLE INC30561 1,000,000.00 999,254.23 09/11/20241.80001/24/2020 1,038,160.00 Aa037833DM9 1,137 0.842BANK OF AMERICA CORPORATION30603 2,000,000.00 1,995,526.02 12/23/20250.65001/25/2021 1,984,060.00 Aa06048WK66 1,605 0.529BANK OF AMERICA CORPORATION30619 636,000.00 634,309.59 03/11/20240.40003/30/2021 633,761.2806048WL73 953 1.437BANK OF AMERICA CORPORATION30622 1,500,000.00 1,453,716.46 01/26/20260.60004/14/2021 1,454,820.0006048WK82 1,639 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 490 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment YTM 360 Page 4 Par Value Book Value Maturity Date Stated RateMarket Value July 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Corporate Notes 0.641BANK OF AMERICA CORPORATION30626 1,500,000.00 1,500,000.00 05/14/20240.65005/14/2021 1,499,835.0006048WM23 1,017 1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 1,000,500.0006048WM31 1,761 1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,010,545.65 08/16/20232.20010/16/2019 2,070,840.00 Aaa06406FAD5 745 0.691CATERPILLAR FINL SERVICE30624 1,000,000.00 1,083,768.34 12/01/20243.25004/26/2021 1,088,280.0014912L6G1 1,218 1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,001,560.89 06/17/20261.05006/17/2021 1,003,780.00 Aa24422EVR7 1,781 1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 1,000,260.0038150AG82 1,780 0.690GOLDMAN SACHS GROUP INC.30647 1,000,000.00 1,000,000.00 06/17/20240.70006/17/2021 998,370.0038150AGA7 1,051 1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 1,000,390.0038150AGW9 1,824 2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 1,000,140.00 Aaa48128GN97 1,240 1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 985,470.00 Aaa48128GU40 1,422 0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 979,590.00 Aaa48128GV56 1,478 1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,987,580.00 Aa48128G3G3 1,733 1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,077,708.96 01/25/20232.65001/27/2020 1,098,963.04 Aa808513AT2 542 2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 997,090.00 Aaa89236TGN9 1,178 0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,710.05 10/16/20250.80002/24/2021 994,160.00 A89236THP3 1,537 0.608TOYOTA MOTOR CREDIT CORP30612 1,000,000.00 1,001,696.00 03/25/20240.68103/25/2021 1,004,120.00 A892331AL3 967 0.595TOYOTA MOTOR CREDIT CORP30618 500,000.00 501,025.00 03/25/20240.68103/30/2021 502,060.00 A892331AL3 967 0.287TOYOTA MOTOR CREDIT CORP30644 1,000,000.00 1,004,244.67 08/14/20230.50006/10/2021 1,003,970.0089236THF5 743 0.623TOYOTA MOTOR CREDIT CORP30651 1,500,000.00 1,494,356.79 06/18/20240.50006/23/2021 1,495,935.0089236TJH9 1,052 1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,002,285.86 05/15/20261.15005/20/2021 1,008,630.0091324PEC2 1,748 31,755,720.7131,884,934.3231,700,000.0030,821,325.98Subtotal and Average 1.158 1,263 Supranationals 0.434INTL BK RECON & DEVELOPMENT30609 1,500,000.00 1,560,893.69 01/15/20251.62502/26/2021 1,557,855.00 Aaa459058HT3 1,263 0.555INTL BK RECON & DEVELOPMENT30635 1,000,000.00 1,002,281.13 04/22/20250.62505/27/2021 1,001,790.00 Aaa459058JB0 1,360 0.493INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20260.50005/28/2021 1,001,980.00 Aaa45950VPY6 1,748 3,563,174.823,561,625.003,500,000.003,563,921.89Subtotal and Average 0.485 1,426 198,676,257.87 179,686,351.34 0.701 637180,190,220.63 179,794,173.92Total and Average Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 491 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment YTM 360 Page 5 Par Value Book Value Stated RateMarket Value July 31, 2021 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Passbook/Checking Accounts 0.000WELLS FARGO BANK10002 2,397,102.85 2,397,102.8507/01/2021 2,397,102.85SYS10002 1 0.00 198,676,257.87 182,083,454.19 0.701 637 1 2,425,877.01 28,774.16 2,425,877.01 28,774.16 Subtotal Accrued Interest at PurchaseAverage Balance 182,616,097.64 182,220,050.93Total Cash and Investments Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 492 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment Page 1 Stated Rate Transaction Date July 1, 2021 through July 31, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVESTMENT FUND10001 8,545,477.880.221 40,000,000.00SYS LOCAL AGENCY INVESTMENT FUND10003 13,240.470.221 0.00SYS10003 40,000,000.00 73,604,568.37Subtotal8,558,718.35 Certificates of Deposit 3,955,000.00Subtotal Managed Pool Accounts (Monthly Summary) CALTRUST GOVT INVESTMENT FUND20008 0.260.170 0.0020008 0.00 1,782.97Subtotal0.26 Federal Agency Issues - Coupon FEDERAL FARM CREDIT BANK30655 1,000,000.000.740 07/21/2021 0.003133EMU91 FEDERAL FARM CREDIT BANK30656 997,850.000.550 07/21/2021 0.003133EL7K4 FEDERAL HOME LOAN BANK30621 0.001.150 07/28/2021 1,000,000.003130ALW59 FEDERAL HOME LOAN BANK30652 1,000,000.001.150 07/27/2021 0.003130AN5V8 FEDERAL HOME LOAN BANK30653 1,000,000.000.850 07/13/2021 0.003130AMUD2 FEDERAL HOME LOAN BANK30654 1,000,000.000.700 07/29/2021 0.003130ANBU3 FEDERAL HOME LOAN MORTGAGE CRP30531 0.001.875 07/26/2021 1,000,000.003134G9M20 FEDERAL HOME LOAN MORTGAGE CRP30586 0.000.400 07/23/2021 1,000,000.003134GV6D5 FEDERAL HOME LOAN MORTGAGE CRP30587 0.000.500 07/30/2021 1,000,000.003134GWDX1 FEDERAL HOME LOAN MORTGAGE CRP30592 0.000.375 07/28/2021 1,000,208.723134GWDL7 FEDERAL HOME LOAN MORTGAGE CRP30593 0.000.340 07/21/2021 1,000,000.003134GV7M4 6,000,208.72 65,913,884.56Subtotal4,997,850.00 Treasury Securities - Coupon U.S. TREASURY40002 0.002.250 07/31/2021 1,000,000.00912828WY2 U.S. TREASURY40003 0.002.250 07/31/2021 1,000,000.00912828WY2 2,000,000.00 1,000,042.49Subtotal0.00 Money Market Funds (Monthly Summary) 0.00Subtotal Passbook/Checking Accounts (Monthly Summary) WELLS FARGO BANK10002 63,780,299.49 61,383,196.64SYS10002 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM3) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 493 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment Page 2 Stated Rate Transaction Date July 1, 2021 through July 31, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals 61,383,196.64 0.00Subtotal63,780,299.49 Corporate Notes GOLDMAN SACHS GROUP INC.30657 1,000,000.001.450 07/30/2021 0.0038150AGW9 0.00 31,755,720.71Subtotal1,000,000.00 Supranationals 3,563,174.82Subtotal 179,794,173.92Total109,383,405.3678,336,868.10 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM3) 7.3.11 11.a Packet Pg. 494 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment Page 1 July 2020 through July 2021 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity CITY OF SAN BERNARDINO Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 114,967,808.06July202087 905 5251.310 1.328 0.920 6 2 109,430,118.52August202091 994 5871.247 1.265 0.860 6 2 103,596,103.88September202086 986 5731.214 1.231 0.685 0 5 106,022,285.66October202090 1,002 5871.162 1.178 0.620 5 1 110,769,958.19November202092 986 5681.118 1.133 0.560 2 0 113,728,761.06December202090 932 5191.075 1.090 0.540 0 2 128,018,030.40January202188 819 4460.962 0.975 0.458 1 3 136,084,346.44February202190 801 4440.884 0.897 0.407 5 3 138,211,706.73March202196 860 5200.845 0.856 0.360 12 6 139,808,377.22April2021100 921 5810.845 0.857 0.339 6 2 193,891,038.33May2021110 753 4960.710 0.720 0.315 12 2 213,241,199.73June2021125 759 5310.663 0.672 0.262 15 9 179,794,173.92July2021122 894 6370.701 0.711 0.221 8 8 Average 137,504,916.01 0.980%0.993%0.504 6 3 893 54097 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM4) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 495 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment Page 1 July 31, 2021 Interest Earnings Summary Month EndingJuly 31 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 100,249.35Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 258,396.22 ( 258,865.36) 100,249.35 258,396.22 ( 258,865.36) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 99,780.21 -3,385.70 -208.72 99,780.21 -3,385.70 -208.72 96,185.79 96,185.79 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 58,718.61Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 19,742.97 ( 58,718.68) 58,718.61 19,742.97 ( 58,718.68) Interest Earned during Period 19,742.90 19,742.90 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 119,523.11 -3,385.70 -208.72 119,523.11 -3,385.70 -208.72 115,928.69 115,928.69 Portfolio CITY AP Run Date: 08/09/2021 - 08:02 PM (PRF_PM6) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 496 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8479 : Investment Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: United States Conference of Mayors 89TH Annual Meeting Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority and Expense Request for the Mayor’s attendance to the 89th Annual Meeting of the United States Conference of Mayors, which will be hosted in Austin, Texas, from August 31, 2021 to September 1, 2021. Background The United States Conference of Mayors (USCM) is the official non -partisan organization of cities with populations of 30,000 or more. Ea ch city is represented in the Conference by its chief elected official, the mayor. Annually, the USCM holds a meeting of peers to discuss key themes concerning municipalities, provide an opportunity for chief elected officials to share and learn how to best advocate for their constituents, and engage with key policy and thought leaders. The themes to be covered this year are: Implementing/Protecting the American Rescue Plan Act (ARPA), Passage of Bipartisan Infrastructure Framework/American Jobs Plan, Passage of the American Families Plan, Reducing Gun Violence. The mayor of San Bernardino has historically attended the meeting. Discussion Registration and airfare was approved and expenses were incurred prior to the adoption of the Travel Authority and Expense Policy (Resolution No. 2021-164). The Mayor is seeking approval for additional trip related expenses such as transportation, meals and incidentals. 2020-2025 Key Strategic Targets and Goals The Mayor’s attendance at the 89th Annual Meeting of The United States Conference of Mayors aligns with the Key Target No. 4: Economic Growth and Development. Fiscal Impact The FY21/22 adopted budget included a sufficient amount of funding to provide for 12 Packet Pg. 497 8481 Page 2 conference related expenses. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority and Expense Request for the Mayor’s attendance to the 89th Annual Meeting of the United States Conference of Mayors , which will be hosted in Austin, Texas, from August 31, 2021 to September 1, 2021. Attachments Attachment 1 Travel Authority and Expense Request - USCM Attachment 2 Resolution-2021-164 Travel Authority and Expense Request Attachment 3 Travel Authority and Expense Policy Ward: All Synopsis of Previous Council Actions: July 21, 2021 Mayor and City Council adopted Resolution No. 2021-164, approving the Travel Authority and Expense Policy. 12 Packet Pg. 498 Resolution No. 2021-164 RESOLUTION NO. 2021-164 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING TRAVEL AUTHORITY AND EXPENSE AND REPEALING RESOLUTION NO. 9151 AND NO. 89-100 WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Travel Authority and Expense, attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 3. Resolution No. 9151 is hereby repealed. SECTION 4. Resolution No. 89-100 is hereby repealed. 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. 14.e Packet Pg. 174 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.12.a Packet Pg. 499 Attachment: Resolution-2021-164 Travel Authority (8481 : United States Conference of Mayors 89TH Annual Meeting) Resolution No. 2021-164 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 14.e Packet Pg. 175 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.12.a Packet Pg. 500 Attachment: Resolution-2021-164 Travel Authority (8481 : United States Conference of Mayors 89TH Annual Meeting) Resolution No. 2021-164 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.e Packet Pg. 176 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.12.a Packet Pg. 501 Attachment: Resolution-2021-164 Travel Authority (8481 : United States Conference of Mayors 89TH Annual Meeting) EXHIBIT A City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. ______________ Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and City Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Director or their designee and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to employee travel. The purpose of the required documentation is to provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement. 14.f Packet Pg. 177 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 502 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized expenses incurred on a City credit card will be reimbursed to the City by the Employee of Elected Official. Definitions (a) City Official - any person representing the City in an official capacity that is not considered an employee (elected officials or their appointees). (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e) Travel – any trip taken by a City Employee or City Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f) GSA Per Diem Rate – the allowance for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of City Officials, with the City Council, before the expense is incurred. 14.f Packet Pg. 178 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 503 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Officials please also note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will pay or City Employees and City Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance or otherwise provided herein. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a. Attending educational seminars, conferences, or activities designed to improve skills and information levels. b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or City Officials attending as a representative of City events; or (b) City Employees, as part of their City job duties or responsibilities, organizing or assisting with the management or operation of events. d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City 14.f Packet Pg. 179 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 504 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or City Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by City Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. 14.f Packet Pg. 180 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 505 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for City Officials. When requesting to travel either overnight or via airplane, City Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the City Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to insure the lowest reasonable cost for travel. However, it is not intended to create hardships for employees. Therefore, each department may consider employees’ convenience in providing flexibility to those who travel by vehicle. Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City. 14.f Packet Pg. 181 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 506 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (PCard) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City PCard will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on PCard usage, please see the City of San Bernardino Purchasing Card Policy. (b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City PCard or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay 14.f Packet Pg. 182 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 507 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s 14.f Packet Pg. 183 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 508 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual responsibility, as these costs are included in the City’s per mile cost reimbursement. Employees are required to notify Human Resources, Risk Management Division at (909)384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. City Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and City Officials attending conferences, seminars, meetings or workshops that are in excess of 75 miles from his/her normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the CityXQOHVVLWLVDPXOWLGD\ FRQIHUHQFH. All lodging must be approved in advance. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a)Hotel Rooms 14.f Packet Pg. 184 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 509 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City PCard or travel advanced to the employee prior to departure if a City PCard is not used. (b) Lodging expenses shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. Lodging expenses exceeding the GSA Per Diem Rate shall be paid by the City Employee or City Official. (c) When making lodging reservations, be sure to ask if a “group rate” is available. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone. (e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g) Original, itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals Meal expenses incurred by City Employees or Elected Officials while participating in the activities described in this policy shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. If neither the city nor county is listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Itemized receipts, invoices or other records shall be submitted to substantiate the request for reimbursement based upon actual cost. Meal expenses exceeding the GSA Per Diem Rates shall be paid by the City Employee or Elected Official. 14.f Packet Pg. 185 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 510 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. If meals are included in the conference fee, the per diem rate will be adjusted by the GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a) Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals should retain receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee. (b) Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or travel advance provided at the GSA per diem rate. If requesting a meal payment or reimbursement for a guest, the City Employee or City Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the City Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the 14.f Packet Pg. 186 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 511 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the City Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because current IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W -2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. In this event grocery receipts are to be retained and submitted for reimbursement. Grocery charges exceeding the maximum GSA Per Diem Rate amount will not be reimbursed. An employee electing to purchase and prepare food during an extended stay may purchase only food to be consumed during the designated period; no reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries. The GSA Per Diem Rates will be applied on a meal-by-meal basis and will not be aggregated to a daily or trip amount. Payments to Vendors, Cash in Advance and Employee Reimbursement City PCard or direct payment is the preferred method of paying travel and other expenses incurred in the performance of official duties. The City will pay all legitimate expenses of the trip. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. Choosing to utilize the GSA Per Diem Rate will allow for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States up to an established amount. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. (a) There are four ways to pay for travel expenses: 14.f Packet Pg. 187 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 512 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City PCard. b. Cash Advance - Advanced payments may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority and Expense Request form to the Finance Department at least seven (7) days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request from elected officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City PCards have been issued to. In addition, travel advances will not be issued for mileage or items that were purchased prior to attending the event. c. Per Diem - For City Employees or Elected Officials electing per diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for per diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing per diem reimbursement shall not incur meal expenses on City issued credit cards or seek actual cost reimbursement for meal expenses covered by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) working days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy Procedure: 14.f Packet Pg. 188 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 513 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered and the Per Diem Rate for the locality of travel. c. Obtain approval from employee’s Department Head, Director of Finance and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible travel coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Action/Responsibility: Department Head (a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c) Approve or deny local travel requests. Action/Responsibility: Finance Department (a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b) Process employees’ travel expenditures in accordance with this policy. Verification 14.f Packet Pg. 189 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 514 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for verification of travel expenses. Action/Responsibility: Employee Within seven (7) working days of return date to work: (a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provide to Department Travel Coordinator with the original receipts. (b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval Action/Responsibility: Department’s Travel Coordinator (a) Attach all original receipts to the original Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for elected Officials, submit to Director of Finance. 14.f Packet Pg. 190 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 515 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel Authority Name & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel: Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor: Estimate Cost of Trip: $ Date: Advance Money Requested: $ Office Phone: Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense Report EXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) $ $ Garage and/or Parking $ $ Lodging $ $ Registration Fees $ $ Meals $ $ Other $ $ Other $ $ TOTAL EXPENSE $ $ Amount Paid by Traveler $ Cash Advance – Check No: $ I hereby certify that this is a true and Balance Due to Traveler/City $ correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) 14.f Packet Pg. 191 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))12.b Packet Pg. 516 Attachment: Travel Authority Policy (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 517 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 518 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 519 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 520 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 521 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 522 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) 12.c Packet Pg. 523 Attachment: Travel Authority and Expense Request-USCM (8481 : United States Conference of Mayors 89TH Annual Meeting) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 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 July 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’s 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 Bi-Weekly for July 25, 2021 $2,305,183.89 Total Payroll Demands: $2,305,183.89 The following check registers are being presented for approval: July 29, 2021 2021/22 (Register #4)$1,149,034.99 August 5, 2021 2021/22 (Register #5)$1,154,750.10 Total commercial check demands:$2,303,785.09 The following Electronic Funds Transfer (EFT) registers presented for approval: July 14 to July 21, 2021 2021/22 (Register #1128-#1133)2,662,919.60$ Total commercial EFT demands:2,662,919.60$ 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 for spending decisions. 13 Packet Pg. 524 8484 Page 2 Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for July 2021. Attachments Attachment 1 Payroll Summary Report for July 2021 Attachment 2 Commercial checks & Payroll Register #4 Attachment 3 Commercial checks & Payroll Register #5 Attachment 4 Commercial EFT Registers #1128-1133 Ward: All 13 Packet Pg. 525 13.a Packet Pg. 526 Attachment: FN. Payroll Summary Report July 2021. Attachment 1 (8484 : Approval of Commercial and Payroll Disbursements (All Wards)) 13.b Packet Pg. 527 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 528 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 529 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 530 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 531 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 532 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 533 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 534 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 535 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.b Packet Pg. 536 Attachment: FN. Commercial Checks & Payroll Register #4. Attachment 2 (8484 : Approval of Commercial 13.c Packet Pg. 537 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 538 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 539 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 540 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 541 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 542 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 543 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 544 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 545 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.c Packet Pg. 546 Attachment: FN. Commercial Checks & Payroll Register #5. Attachment 3 (8484 : Approval of Commercial 13.d Packet Pg. 547 Attachment: FN. Commercial EFT Registers #1128-1133. Attachment 4 (8484 : Approval of Commercial 13.d Packet Pg. 548 Attachment: FN. Commercial EFT Registers #1128-1133. Attachment 4 (8484 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: 2021 League of California Cities - Travel Authority and Expense Request (Mayor) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Travel Authority and Expense Request pertaining to the Mayor of San Bernardino's attendance at the 2021 Annual Conference and Expo of the League of California Cities hosted in Sacramento, California; September 22, 2021 to September 24, 2021. Background The League of California Cities association was founded in 1898. Cal Cities offers education and training programs designed to teach city officials about new developments in their field and exchange solutions to common challenges facing their cities. Annually, the League of California Cities holds a meeting to provide educational experiences, networking opportunities, and innovative tools that will make attendees and their cities more successful. The mayor of San Bernardino has historically attended the meeting. Discussion Registration for the 2021 League of California Cities Annual Conference & Expo was approved and expenses were incurred prior to the adoption of the Travel Authority and Expense Policy (Resolution No. 2021-164). The Mayor is seeking approval for additional trip related expenses such as lodging, airfare, transportation, meals and incidentals. 2020-2025 Strategic Targets and Goals The Mayor of San Bernardino's attendance at the 2021 Annual Conference and Expo of the League of California Cities aligns with the Key Target No. 4: Economic Growth and Development. 14 Packet Pg. 549 8485 Page 2 Fiscal Impact The FY21/22 adopted budget included a sufficient amount of funding to provide for conference related expenses. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Travel Authority and Expense Request pertaining to the Mayor of San Bernardino's attendance at the 2021 Annual Conference and Expo of the League of California Cities hosted in Sacramento, California; September 22, 2021 to September 24, 2021. Attachments Attachment 1 Travel Authority and Expense Request - League of Cal Cities Attachment 2 Resolution-2021-164 Attachment 3 Travel Authority and Expense Policy Ward: All Synopsis of Previous Council Actions: On July 21, 2021, the Mayor and City Council adopted Resolution No . 2021-164, approving the Travel Authority and Expense Policy. 14 Packet Pg. 550 14.a Packet Pg. 551 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 552 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 553 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 554 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 555 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 556 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 557 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 558 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel 14.a Packet Pg. 559 Attachment: Attachment 1-Travel Authority and Expense Request-League of Cal Cities (8485 : 2021 League of California Cities - Travel Resolution No. 2021-164 RESOLUTION NO. 2021-164 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING TRAVEL AUTHORITY AND EXPENSE AND REPEALING RESOLUTION NO. 9151 AND NO. 89-100 WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Travel Authority and Expense, attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 3. Resolution No. 9151 is hereby repealed. SECTION 4. Resolution No. 89-100 is hereby repealed. 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. 14.e Packet Pg. 174 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.14.b Packet Pg. 560 Attachment: Attachment 2-Resolution-2021-164 (8485 : 2021 League of California Cities - Travel Authority and Expense Request (Mayor)) Resolution No. 2021-164 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 14.e Packet Pg. 175 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.14.b Packet Pg. 561 Attachment: Attachment 2-Resolution-2021-164 (8485 : 2021 League of California Cities - Travel Authority and Expense Request (Mayor)) Resolution No. 2021-164 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.e Packet Pg. 176 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.14.b Packet Pg. 562 Attachment: Attachment 2-Resolution-2021-164 (8485 : 2021 League of California Cities - Travel Authority and Expense Request (Mayor)) EXHIBIT A City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. ______________ Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and City Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Director or their designee and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to employee travel. The purpose of the required documentation is to provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement. 14.f Packet Pg. 177 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 563 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized expenses incurred on a City credit card will be reimbursed to the City by the Employee of Elected Official. Definitions (a) City Official - any person representing the City in an official capacity that is not considered an employee (elected officials or their appointees). (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e) Travel – any trip taken by a City Employee or City Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f) GSA Per Diem Rate – the allowance for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of City Officials, with the City Council, before the expense is incurred. 14.f Packet Pg. 178 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 564 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Officials please also note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will pay or City Employees and City Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance or otherwise provided herein. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a. Attending educational seminars, conferences, or activities designed to improve skills and information levels. b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or City Officials attending as a representative of City events; or (b) City Employees, as part of their City job duties or responsibilities, organizing or assisting with the management or operation of events. d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City 14.f Packet Pg. 179 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 565 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or City Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by City Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. 14.f Packet Pg. 180 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 566 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for City Officials. When requesting to travel either overnight or via airplane, City Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the City Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to insure the lowest reasonable cost for travel. However, it is not intended to create hardships for employees. Therefore, each department may consider employees’ convenience in providing flexibility to those who travel by vehicle. Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City. 14.f Packet Pg. 181 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 567 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (PCard) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City PCard will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on PCard usage, please see the City of San Bernardino Purchasing Card Policy. (b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City PCard or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay 14.f Packet Pg. 182 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 568 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s 14.f Packet Pg. 183 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 569 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual responsibility, as these costs are included in the City’s per mile cost reimbursement. Employees are required to notify Human Resources, Risk Management Division at (909)384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. City Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and City Officials attending conferences, seminars, meetings or workshops that are in excess of 75 miles from his/her normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the CityXQOHVVLWLVDPXOWLGD\ FRQIHUHQFH. All lodging must be approved in advance. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a)Hotel Rooms 14.f Packet Pg. 184 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 570 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City PCard or travel advanced to the employee prior to departure if a City PCard is not used. (b) Lodging expenses shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. Lodging expenses exceeding the GSA Per Diem Rate shall be paid by the City Employee or City Official. (c) When making lodging reservations, be sure to ask if a “group rate” is available. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone. (e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g) Original, itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals Meal expenses incurred by City Employees or Elected Officials while participating in the activities described in this policy shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. If neither the city nor county is listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Itemized receipts, invoices or other records shall be submitted to substantiate the request for reimbursement based upon actual cost. Meal expenses exceeding the GSA Per Diem Rates shall be paid by the City Employee or Elected Official. 14.f Packet Pg. 185 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 571 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. If meals are included in the conference fee, the per diem rate will be adjusted by the GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a) Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals should retain receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee. (b) Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or travel advance provided at the GSA per diem rate. If requesting a meal payment or reimbursement for a guest, the City Employee or City Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the City Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the 14.f Packet Pg. 186 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 572 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the City Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because current IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W -2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. In this event grocery receipts are to be retained and submitted for reimbursement. Grocery charges exceeding the maximum GSA Per Diem Rate amount will not be reimbursed. An employee electing to purchase and prepare food during an extended stay may purchase only food to be consumed during the designated period; no reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries. The GSA Per Diem Rates will be applied on a meal-by-meal basis and will not be aggregated to a daily or trip amount. Payments to Vendors, Cash in Advance and Employee Reimbursement City PCard or direct payment is the preferred method of paying travel and other expenses incurred in the performance of official duties. The City will pay all legitimate expenses of the trip. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. Choosing to utilize the GSA Per Diem Rate will allow for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States up to an established amount. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. (a) There are four ways to pay for travel expenses: 14.f Packet Pg. 187 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 573 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City PCard. b. Cash Advance - Advanced payments may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority and Expense Request form to the Finance Department at least seven (7) days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request from elected officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City PCards have been issued to. In addition, travel advances will not be issued for mileage or items that were purchased prior to attending the event. c. Per Diem - For City Employees or Elected Officials electing per diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for per diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing per diem reimbursement shall not incur meal expenses on City issued credit cards or seek actual cost reimbursement for meal expenses covered by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) working days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy Procedure: 14.f Packet Pg. 188 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 574 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered and the Per Diem Rate for the locality of travel. c. Obtain approval from employee’s Department Head, Director of Finance and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible travel coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Action/Responsibility: Department Head (a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c) Approve or deny local travel requests. Action/Responsibility: Finance Department (a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b) Process employees’ travel expenditures in accordance with this policy. Verification 14.f Packet Pg. 189 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 575 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for verification of travel expenses. Action/Responsibility: Employee Within seven (7) working days of return date to work: (a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provide to Department Travel Coordinator with the original receipts. (b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval Action/Responsibility: Department’s Travel Coordinator (a) Attach all original receipts to the original Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for elected Officials, submit to Director of Finance. 14.f Packet Pg. 190 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 576 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel Authority Name & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel: Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor: Estimate Cost of Trip: $ Date: Advance Money Requested: $ Office Phone: Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense Report EXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) $ $ Garage and/or Parking $ $ Lodging $ $ Registration Fees $ $ Meals $ $ Other $ $ Other $ $ TOTAL EXPENSE $ $ Amount Paid by Traveler $ Cash Advance – Check No: $ I hereby certify that this is a true and Balance Due to Traveler/City $ correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) 14.f Packet Pg. 191 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))14.c Packet Pg. 577 Attachment: Attachment 3-Travel Authority and Expense Policy (8485 : 2021 League of California Cities - Travel Authority and Expense Request Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Irrevocable Agreement to Annexation No. 2021-367 (Ward 6) Recommendation Adopt Resolution No. 2021-206 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 south of the intersection of Kendall Drive and Cajon Boulevard (APN 0262 -022- 07); and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Background The San Bernardino Municipal Water Department has recently received a request for sewer service from the owner of the parcel located south of the intersection of Kendall Drive and Cajon Boulevard (APN 0262-022-07) for a connection to the sewer collection system. The parcel is located in an unincorporated area south of the intersection of Kendall Drive and Cajon Boulevard. The property owner is desirous of a connection to the sewer collection system serving the proposed industrial trailer parking facility. In 1994, the California Government Code Section was amended by the addition of 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 creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands. In September of 1997, the City adopted a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,326 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. 15 Packet Pg. 578 8486 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 industrial use is consistent with the City's General Plan. The Water Department Engineering Division has determined that there is an available 15 -inch vitrified clay pipe sanitary sewer main within Cajon Boulevard, fronting the subject parcel. LAFCO requires that the application be made by the Agency that is 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 Target 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 $1,326 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. 2021-206, approving the Application to the Local Agency Formation Commission to provide City sewer services to property within unincorporated territory located south of the intersection of Kendall D rive and Cajon Boulevard (APN 0262-022-07); and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 Resolution No. 2021-206; Irrevocable Agreement to Annexation No. 2021-367 Attachment 2 Resolution No. 2021-206; Exhibit A Attachment 3 Vicinity Map Attachment 4 Application Ward: 6 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. 15 Packet Pg. 579 8486 Page 3 September 1997 The City of San Bernardino adopted a policy relative to the providing of sewer services outside of City boundaries. 15 Packet Pg. 580 Resolution No. 2021- Resolution 2021- Page 1 of 4 RESOLUTION NO. 2021-206 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 KENDALL DRIVE AND CAJON BOULEVARD WHEREAS, BCWR CAJON, LLC, a Delaware limited liability company, the owner of the property in an unincorporated area located south of the intersection of Kendall Drive and Cajon Boulevard, also known as Assessor’s Parcel Number 0262-022-07, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner 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 south of the intersection of Kendall Drive and Cajon Boulevard, Assessor’s Parcel Number 0262-022-07, more fully described as follows: That portion of Block 11 of the Meyers and Barclay Subdivision, in the County of San Bernardino, State of California, as per plat recorded in Book 2, Page 32 of Maps, records of said county, described as follows: Beginning at the point of intersection of the Southeasterly line of that certain parcel of land conveyed to the State of California, by deed recorded September 07, 1937 in Book 1228, Page 214 of official records, in said recorder’s office, and the Southwesterly line of that certain strip of land designated as “Former RTE. 191” on detail map of relinquishment on file in Book 3, Page 52 of State Highway Maps, in said recorder’s office, said point being a point 50 feet left of engineer’s station 3799.02 centerline of said Former RTE. 191 shown on said 15.a Packet Pg. 581 Attachment: Attachment 1 - Resolution No. 2021-206; Irrevocable Agreement to Annexation No. 2021-367 [Revision 1] (8486 : Irrevocable Resolution No. 2021- Resolution 2021- Page 2 of 4 detail map of relinquishment; Thence along said Southeasterly line South 43°14’00” West, 135.09 feet to the most Northerly corner of that certain parcel of land firstly described in deed to the State of California recorded September 07, 1937 in Book 1231, Page 157 of official records, in said recorder’s office; Thence along the Easterly line of last said parcel, South 22°17’30” West, 91.87 feet to the Northeasterly line of that certain strip of land designated as “Former RTE. 31” on said detail map of relinquishment; Thence South 21°52’20” East, 258.87 feet; Thence along said Northeasterly line, South 56°23’51” East 475.35 feet to the Northeasterly line of the Atchison, Topeka and Santa Fe Railway Right of Way; Thence Southeasterly along said Northeasterly Right of Way line to the East line of said Block 11; Thence North Deg. 38’ East along said East line to a point on said East line that is South 02°38’ West, 26.34 feet from the intersection of said East line of said Block 11, with the Southwesterly line of the county road above referred to said point being the Southeasterly corner of that certain 20 foot strip of land conveyed to the State of California, by deed recorded May 15, 1937 in Book 1203, Page 418 of official records; Thence North 46°46’ West 1565.72 feet along the Southwesterly line of said 20 foot st rip to the point of beginning. Excepting therefrom that portion conveyed to BNSF Railway Company, A Delaware Corporation, by deed recorded December 28, 2005 as instrument no. 2005-0981146 of official records, with Assessor’s Parcel Number: 0262-022-07. SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2021-367, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: 15.a Packet Pg. 582 Attachment: Attachment 1 - Resolution No. 2021-206; Irrevocable Agreement to Annexation No. 2021-367 [Revision 1] (8486 : Irrevocable Resolution No. 2021- Resolution 2021- Page 3 of 4 Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 583 Attachment: Attachment 1 - Resolution No. 2021-206; Irrevocable Agreement to Annexation No. 2021-367 [Revision 1] (8486 : Irrevocable Resolution No. 2021- Resolution 2021- Page 4 of 4 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. 584 Attachment: Attachment 1 - Resolution No. 2021-206; Irrevocable Agreement to Annexation No. 2021-367 [Revision 1] (8486 : Irrevocable 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. 2021-367 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 August 18, 2021; by and between BCWR CAJON, LLC, a Delaware limited liability company, 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 south of the intersection of Kendall Drive and Cajon Boulevard , San Bernardino , California, and parcel is further described as follows: That portion of Block 11 of the Meyers a nd Barclay Subdivision, in the C ounty of San Bernardino, State of California, as pe r plat recorded in Book 2, Page 32 of Maps, records of said C ounty, described as follows: Beginning at the point of intersection of the S outheasterly line of that certain parcel of land conveyed to the State of California, by deed recorded September 07, 1937 in Book 1228, Page 214 of official records, in said record er’s office, and t h e S outhwesterly line of that certain strip of land designated as “F ormer RTE. 191” on detail map of relinquishment on file in Book 3, P a g e 52 of S tate H ighway M aps, in said recorder ’s office, said p o int being a point 50 feet left of engi neer’s station 3799.02 centerline of said former RTE. 191 shown on said detail map of rel inquishment; thence along said S outheasterly line S outh 43 °14’00” West, 135.09 feet to the most N o r therly corner of that certain parcel of land fir stly described in de ed to the S tate of California recorded September 07, 1937 in Book 1231, Page 157 of official records, in said recorder ’s office; thence along the E asterly line of last said parcel, S outh 22 °17’30” W est, 91.87 feet to the N ortheasterly line of that certain strip of land designated as “F ormer RTE. 31” on said detail map of relinquishment; thence S outh 21 °52’20 ” E ast, 258.87 feet; thence along said N ortheasterly line, S outh 56 °23’51” East 475.35 feet to the N ortheasterly line of the Atchison, T opeka and S anta F e R ailway R ight of W ay; thence Southeasterly along 15.b Packet Pg. 585 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ said N ortheasterly right of way line to the E ast line of said block 11; thence N orth D eg. 38’ East along said E ast line to a poi n t on said E ast line that is S outh 02 °38’ W est, 26.34 feet from the intersection of said East line of said Block 11, with the S outhwesterly line of the county road above referred to said poi n t being the S outheasterly corner of that certain 20 foot strip of lan d conveyed to the S tate of Calif ornia, by deed recorded May 15, 1937 in B ook 1 203, P age 418 of official recor ds; thence N orth 46°46’ W est 1565.72 feet along the S outhwesterly line of said 20 foot strip to the point of beginning. Excepting therefrom that portio n conveyed to BNSF Railway Company , a Del a ware Corporation, by deed recorded December 28, 2005 as instrument no. 2005 -0981146 of official records with Assessor’s Parcel Number(s): 0262-022-07 (“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: 15.b Packet Pg. 586 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 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, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO, and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or 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 15.b Packet Pg. 587 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the 15.b Packet Pg. 588 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 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. 15.b Packet Pg. 589 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 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 Signature City Manager _______________________________ Name __________________________________ Sonia Carvalho City Attorney Attested By: __________________________________ Genoveva Rocha, CMC City Clerk 15.b Packet Pg. 590 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 15.b Packet Pg. 591 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-367 LAFCO SC # _____ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 15.b Packet Pg. 592 Attachment: Attachment 2 - Resolution No. 2021-206; Exhibit A - Agreement (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward 15.cPacket Pg. 593Attachment: Attachment 3 - Vicinity Map (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward 15.d Packet Pg. 594 Attachment: Attachment 4 - Application (8486 : Irrevocable Agreement to Annexation No. 2021-367 (Ward 6)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: State Street ROW Acquisition (Ward 6) Recommendation Adopt Resolution No. 2021-207 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 BBC Properties, LLC for the vacant property identified as San Bernardino County Assessor Parcel Number 0269-181-04. Background The City is planning to extend State Street from Baseline Avenue north to 16th Street as a four lane highway as Phase 1 of CIP project (SS04-009). The extended section of State Street will provide four traffic lanes, a raised center median, sidewalk, curb & gutter, access ramps, signage, striping and streetlights. The existing three leg traffic signal at Baseline Street will be modified to add a fourth leg o n north side of Baseline Street to accommodate new extended State Street , (Attachment 3 - Location Map). The project includes right-of-way acquisition, pavement widening, pavement rehabilitation, signing, and striping. Environmental study for the project has been completed and design is 95% completed. The right-of-way needed to complete the project has been identified. The proposed project requires acquisition of real property interests from three parcels for right -of-way purposes along the proposed roadway segment. In May 2019, City Manager approved an agreement in the amount of $24,925 with Paragon Partners, Limited (“PPL” or “Paragon”), consultant, to acquire right-of-way from properties within the boundaries of the proposed State Street extension on behalf of the City. An appraisal was completed by Keith Settle and Company, Inc., an appraisal consultant, to establish the fair market value for the partial right-of-way acquisition. Discussion The unimproved property is required for the construction of the State Street Extension Project (“Project”). The property consists of approximately 425,815 square feet (9.78 acres) located southeast of the terminus of the Grand Street cul -de-sac, southwest of the residential lots on Colorado Street, north of W. Base Line Street, and east of land owned by the San Bernardino County Flood Control District. Keith Settle and Company, Inc. completed an appraisal report dated September 30, 2020, and established the Fair 16 Packet Pg. 595 8487 Page 2 Market Value of the property at $235,000. In Nove mber 2020, the City authorized the initiation of formal negotiations to acquire the Property. On December 4, 2020, Paragon presented a written offer to purchase in the amount of $235,000. Upon review of the offer and the accompanied appraisal, the Owner provided a counter to the City’s offer in the amount of $1,000,000. The Owner provided an appraisal upon which the Counter was based. Upon further review of the property owner’s appraisal, it was determined that the appraisal was outdated, and the valua tion was dependent upon the City’s approval of commercial zoning designation, which allows for commercial/self - storage land use on the vacant property. The City’s appraisal and valuation conclusion is dependent upon residential zoning designation, which allows for single-family medium density land use on the subject property. The current zoning designation for the property restricts the use of the subject property to “passive,” open space related activities. The Owner’s appraisal was updated to includ e recent sales comparable for similar commercially zoned properties in the market area surrounding the subject property, which supports a current valuation of $1,045,000. Paragon staff, the City’s right -of-way negotiator, reviewed the updated sales appraisal and concluded that it was reasonable. Given the disparities between the valuations supported by the City’s appraisal and the Owner’s updated appraisals, the City and the Property Owner agreed purchase or sale price of $575,000. Paragon prepared a Purchase and Sale Agreement (PSA), and presented to the Owner on June 28, 2021, who reviewed, accepted, and signed on July 1, 2021. 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 State Street Extension 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 (SBCTA) as part of the Valley Major Street Program. State Street Extension Phase 1 Baseline to 16th Street 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 $2,500,000 was previously approved by the Mayor and City Council for the State Street Extension Phase 1 Baseline to 16th Street (account 264-160-7245-5504) and is available for this project. Purchase of the vacant property identified as San Bernardino County Assessor Parcel Number 0269 -181-04 in the amount of $575,000 will be paid from the available budget. Conclusion Adopt Resolution No. 2021-207 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 BBC Properties, LLC for the vacant property ide ntified as San 16 Packet Pg. 596 8487 Page 3 Bernardino County Assessor Parcel Number 0269-181- 04. Attachments Attachment 1 Resolution No. 2021-207 Attachment 2 Resolution No. 2021-207; Exhibit “A” - Sale Agreement Attachment 3 Location Map Ward: 6 Synopsis of Previous Council Actions: September 2, 2020 Mayor and City Council adopted Resolution No. 2020-189 approving an Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program (MMRP). June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21 June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22 16 Packet Pg. 597 Resolution No. 2021-XXX Resolution No. 2021-XXX Page 1 of 4 RESOLUTION NO. 2021-207 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 BBC PROPERTIES, LLC FOR THE VACANT PROPERTY IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR PARCEL NUMBER 0269-181-04 WHEREAS, pursuant to the State Street from Baseline Avenue north to 16th Street as four traffic lanes, raised center median, sidewalk, curb & gutter, access ramps, signing, striping and streetlights (SS04-009), the City of San Bernardino requires the vacant property identified as San Bernardino County assessor parcel number 0269-181-04; and WHEREAS, the parcels to be acquired is known as San Bernardino County Accessor’s Parcel 0269-181- 04 and is fully described in Exhibit “A” attached hereto and made a part hereof; and WHEREAS, on September 2, 2020, the Mayor and City Council adopted Resolution No. 2020-189 approving a Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which a MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, staff concluded that the Initial Study (IS)/ MND adopted on September 2, 2020 fully analyzed and mitigated all potentially significant environmental impacts that would result from the right-of-way acquisition for the Project, and therefore, no subsequent MND is required; and WHEREAS, the project design is 95% completed. Right-of-way needed to do the project has been identified; 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. 16.a Packet Pg. 598 Attachment: Attachment 1 - Resolution No. 2021-207 (8487 : State Street ROW Acquisition (Ward 6)) Resolution No. 2021-XXX Resolution No. 2021-XXX Page 2 of 4 SECTION 2. The Mayor and City Council find that the IS / MND contains a complete and accurate reporting of all of the environmental impacts associated with the right-of-way acquisition for the Project. SECTION 3. The Mayor and City Council find that, based on the whole record before it, none of the conditions under State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred because the right-of-way acquisition for the Project: a) will not result in substantial changes that would require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b) will not result in substantial changes with respect to the circumstances under which the Project is developed that would require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the IS/MND documents were adopted, as applicable, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The Mayor and City Council find those mitigation measures identified in the IS/MND that are relevant to the right-of-way acquisition for the Project, as detailed specifically in the MMRP previously adopted on September 2, 2020, will ensure that any potential environmental impacts will be reduced to less than significant levels. SECTION 5. The Mayor and City Council approve the right-of-way acquisition, subject to incorporating the mitigation measures under the Air Quality, Biological Resources, Cultural Resources, Geology & Soils, Hazards and Hazardous Materials, Hydrology, Noise, Traffic, Tribal Cultural Resources and Wildfire sections of the IS/MND. SECTION 6. 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 Bernardino County Assessor Parcel Number 0269-181- 04 in the amount of $575,000 attached hereto as Exhibit “A”. The City Manager is authorized to execute any additional documents necessary to effectuate the transaction. 16.a Packet Pg. 599 Attachment: Attachment 1 - Resolution No. 2021-207 (8487 : State Street ROW Acquisition (Ward 6)) Resolution No. 2021-XXX Resolution No. 2021-XXX Page 3 of 4 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 18th day of August 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, MMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 600 Attachment: Attachment 1 - Resolution No. 2021-207 (8487 : State Street ROW Acquisition (Ward 6)) Resolution No. 2021-XXX Resolution No. 2021-XXX Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-XXX, adopted at a regular meeting held on the 18th day of August, 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, MMC, City Clerk 16.a Packet Pg. 601 Attachment: Attachment 1 - Resolution No. 2021-207 (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 602 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 603 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 604 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 605 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 606 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 607 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 608 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 609 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 610 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 611 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 612 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 613 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 614 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 615 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 616 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) 16.b Packet Pg. 617 Attachment: Attachment 2 - Resolution No. 2021-207; Exhibit “A” - Sale Agreement (8487 : State Street ROW Acquisition (Ward 6)) ATTACHMENT NO. 3 LOCATION MAP State Street Extension Phase 1 16.c Packet Pg. 618 Attachment: Attachment 3 - Location Map (8487 : State Street ROW Acquisition (Ward 6)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Mitch Cochran, IT Director Subject: Request Purchase Authorization for Spectrum Internet for IEMG Recommendation Adopt Resolution 2021-208 of the Mayor and City Council for the City of San Bernardino, California, authorizing the purchase of internet services from Spectrum Enterprise for Inland Empire Media Group (IEMG) for 60 months in an amount not to exceed $76,500. Background The City currently has separate internet connections for City Hall and the Police Department. IEMG streams its internet content using the City Hall internet connection. Discussion City staff would like to purchase an additional internet connection which would allow IEMG to stream internet content out of a line dedicated to IEMG. Currently the content is streamed out of the existing City Hall connection. The new line would allow for IE MG to control its streaming content and bandwidth needs. It would also free up capacity on the existing City Hall connection for City staff use. Staff is recommending an initial speed of 500mb up and down using a dedicated fiber connection. Spectrum Enterprise provided a cost of $1,275.00 per month for 60 months. City staff is requesting a purchasing authorization not to exceed $76,500. Competitive pricing quotes have included: • Spectrum Enterprise $1,275.00 per month - no up-front cost • Frontier Communications $1,450.00 per month - no up-front cost • Nitel Communications $1,871.16 per month - $210.00 installation • TPx Communications $2,157.55 per month - no up-front cost 2020-2025 Key Strategic Targets and Goals This purchase supports Key Target No. 1: Financial Stability. The services and agreements help to support the creation and management of an asset management 17 Packet Pg. 619 8491 Page 2 plan. The Internet connection provides capacity so that critical software applications and hardware are supported and up to date. Fiscal Impact There is no General Fund budget impact; the cost of annual support agreements is included in the Fiscal Year 2021/22 Adopted Budget. Total Contract Cost (60 Months): $76,500 Annual Cost: $15,300 Conclusion It is recommended that the Mayor an d City Council of the City of San Bernardino, California, adopt Resolution No. 2021-208, authorizing the purchase of Internet services from Spectrum Enterprise for Inland Empire Media Group (IEMG) for 60 months in an amount not to exceed $76,500. Attachments Attachment 1 Resolution 2021-208; Attachment 2 Spectrum Enterprise Service Order Ward: All Synopsis of Previous Council Actions: None 17 Packet Pg. 620 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-208 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO PURCHASE INTERNET SERVICES FROM SPECTRUM ENTERPRISES IN AN AMOUNT NOT TO EXCEED $76,500.00 WHEREAS, the City of San Bernardino contracts with vendors to provide Internet services which support City operations. Internet connectivity is critical to the use of many systems and sharing of information. 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 above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to purchase and execute a service agreement with Spectrum Enterprise for the provision of Internet Services to IEMG for 60 months in an amount not to exceed $76,500.00. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 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 17.a Packet Pg. 621 Attachment: Attachment 1 Resolution No. 2021-208 IT.IEMG Internet connection [Revision 1] (8491 : Request Purchase Authorization for Resolution No. 2021- Resolution 2021- Page 2 of 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 622 Attachment: Attachment 1 Resolution No. 2021-208 IT.IEMG Internet connection [Revision 1] (8491 : Request Purchase Authorization for Resolution No. 2021- Resolution 2021- Page 3 of 3 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. 623 Attachment: Attachment 1 Resolution No. 2021-208 IT.IEMG Internet connection [Revision 1] (8491 : Request Purchase Authorization for Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 1 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/29/2021 SERVICE ORDER THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Spectrum Enterprise Contact Information Spectrum Enterprise 12405 Powerscourt Drive St. Louis, MO 63131 Contact: Wayne Gilchrist Telephone: 760-674-5543 Email: wayne.gilchrist@charter.com Customer Information Customer Name CITY OF SAN BERNARDINO Order # 12475351 Address 290 N D ST SAN BERNARDINO CA 92418 Telephone (909) 384-7272 Email: cochran_mi@sbcity.org Contact Name MitchCochran Telephone (909) 384-7272 Email: cochran_mi@sbcity.org Billing Address 290 N D ST SAN BERNARDINO CA 92418 Billing Contact Name Mitch Cochran Telephone (909) 384-7272 Email: cochran_mi@sbcity.org NEW AND REVISED SERVICES AT 201 N E St Unit 2ndFlr, San Bernardino CA 92401 Service Description Contract Term Quantity Sales Price Monthly Recurring Charges 1 Static IP 60 Months 1 $ 20.00 $ 20.00 Fiber Internet 500Mbps 60 Months 1 $1,255.00 $1,255.00 TOTAL* $1,275.00 ONE TIME FEES AT 201 N E St Unit 2ndFlr, San Bernardino CA 92401 Service Description Quantity Sales Price Install One Time Charge FIA Installation 1 $ 0.00 TOTAL* $0.00 17.b Packet Pg. 624 Attachment: IT.iemg internet connection-Spectrum Enterprise Service order (8491 : Request Purchase Authorization for Spectrum Internet for Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 2 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/29/2021 17.b Packet Pg. 625 Attachment: IT.iemg internet connection-Spectrum Enterprise Service order (8491 : Request Purchase Authorization for Spectrum Internet for Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 3 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/29/2021 1. TOTAL FEES. Total Monthly Recurring Charges and Total One-Time Charges are due in accordance with the monthly invoice. 2. TAXES. Prices for Services do not include taxes, surcharges, or other fees. 3. NO UNTRUE STATEMENTS. Customer represents and warrants to Spectrum that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Spectrum contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 4. SPECIAL TERMS. The Parties have caused their duly authorized representatives to execute this Service Order. CUSTOMER SIGNATURE \s1\ Signature:_______________________________________________________________________________________ \n1\ Printed Name:____________________________________________________________________________________ \t1\ Title:_____________________________________________________________________________________________ \co1\ Company:________________________________________________________________________________________ \d1\ Date:______________________________________________________________________________________________ 17.b Packet Pg. 626 Attachment: IT.iemg internet connection-Spectrum Enterprise Service order (8491 : Request Purchase Authorization for Spectrum Internet for Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 4 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/29/2021 This page intentionally left blank 17.b Packet Pg. 627 Attachment: IT.iemg internet connection-Spectrum Enterprise Service order (8491 : Request Purchase Authorization for Spectrum Internet for Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Shandin Hills Contract Amendment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-209 authorizing the City Manager to execute the Second Amendment to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC. 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 consists 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 the 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 ordered that a variety of facilities county-wide be closed including golf courses. 18 Packet Pg. 628 8492 Page 2 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 months 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. One June 16, 2021, the City Council approved a 60 day extension (first amendment) to the Interim Golf Course Management Agreement to allow the City and operator could negotiate an extension to the Agreement. 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 rece ntly 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 golf course, it is staff’s recommendation that the City continue to use the current m anagement company. As was expressed at the June 16, 2021 City Council meeting, staff had been negotiating with the current operator but had not come to final terms on an extension to the existing Agreement. Subsequent to additional discussions, staff and the operator have come to final terms to the extension to the Agreement. The terms requested to be amended in the existing Interim Golf Course Management Agreement include: 1. Term - The Term of the Agreement will be extended to the end of Calendar Year 2022 (December 31, 2022), unless terminated earlier. Note: The operator will no longer provide service past this date. 2. Payment. The Net Operating Income shall be divided between Manager and City in the following manner: (1) eighty-five percent (85%) to the City; and (2) fifteen percent (15%) to Manager. 18 Packet Pg. 629 8492 Page 3 3. Management Fee. Manager shall be paid a fee for the management of the operations of the Golf Course of fifteen thousand dollars ($15,000.00) per calendar month, which Manager may withdraw as an O perating Expense from the Gross Receipts prior to the payment of Net Operating Income to City. Staff has reviewed the Operator’s requests and feels that it is fair and reasonable under the current circumstances. Specifically, the initial agreement covere d a period during the initial Covid 19 pandemic. It was assumed that operations would be limited due to the Covid restrictions and no one could predict how long these restrictions would last. As we have transitioned out of the pandemic and the restrictio n have been reduced, there has been a marked increase in the number of golf rounds played, even higher than the pre-pandemic golf rounds in early 2020. This increase facilitates additional management and staffing of the golf course to keep up with the current demands as we transition out of the pandemic. Based on this information, staff is recommending that the City Council approve a second amendment to the Interim Golf Course Management Agreement. Lastly, it needs to be mentioned that the current operator has shared that by the end of calendar year 2022, they will no longer have interest in managing the golf course. Accordingly, the City will need to find another operator, or evaluate other options for the golf course property. Based on the proposed term of the Agreement, the City will have approximately 16 months consider its option for the Shandin Hills Golf Course. Although not part of this agenda item, staff would recommend that the City Council evaluating the long-term use of the golf course property. 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 ensure 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 extension of the Interim Golf Course Management Agreement will allow the golf course to continue to operate generating much needed general fund revenue. The operations of the golf course is covered by the revenue generated by the facility. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-209 authorizing the City Manager to execute the Second Amendment to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC. Attachments Attachment 1 Resolution No. 2021-209 Attachment 2 Resolution No. 2021-161; Exhibit A - Second Amendment, Interim Golf Course Management Agreement 18 Packet Pg. 630 8492 Page 4 Attachment 3 Interim Golf Course Management Agreement Ward: Ward 5 Synopsis of Previous Council Action: June 3, 2020 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. June 16, 2021 Mayor and City Council approved a 60 day extension (first amendment) to the Interim Golf Course Management Agreement to allow the City and operator could negotiate an extension to the Agreement. 18 Packet Pg. 631 Resolution No. 2021-XXX RESOLUTION NO. 2021-209 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE INTERIM GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CF SHANDIN HILLS ARCIS LLC 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 property 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 important 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, on June 16, 2021, the Mayor and the City Council Adopted Resolution No. 2021-161 extending the term of the Agreement for a period of 60 days to finalize the negotiations to extend the Agreement for a longer term; and WHEREAS, the City and the Operator have come to terms on the amendment to the Interim Golf Course Management Agreement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 18.a Packet Pg. 632 Attachment: CED.Shandin Hills Golf Course.Resolution No. 2021-209 .8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) Resolution No. 2021-XXX SECTION 2. The City Council authorizes the City Manager or designee, to execute the Second Amendment (Exhibit A) to the Interim Golf Course Management Agreement with the amended terms identified in Exhibit A. 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 City Clerk this 18th day of August 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. 633 Attachment: CED.Shandin Hills Golf Course.Resolution No. 2021-209 .8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 18th day of August 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 18th day of August 2021. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 634 Attachment: CED.Shandin Hills Golf Course.Resolution No. 2021-209 .8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) AMENDMENT NO. 2 TO INTERIM GOLF COURSE MANAGEMENT AGREEMENT WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P. This Amendment No. 2 to the Interim Golf Course Management Agreement is made and entered into as of August 18, 2021 (“Effective Date”) 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 have entered into an agreement, dated May 20, 2020, for the purpose of providing services for the management and operation of the Shandin Hills Golf Course (the “Master Agreement”). B. WHEREAS, the City and the Manager have entered into Amendment No. 1 to the Master Agreement, dated June 16, 2021, for the purpose of extending the term of the Master Agreement. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, increase the Management Fee, and institute revenue sharing provisions between the Parties. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 2 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, as stated in Section 2, shall be extended through December 31, 2022, unless earlier terminated. 3. Amendment to Section 3(f) of the Master Agreement. Section 3(f) of the Master Agreement shall be amended to read as follows: “(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 be made in any manner mutually agreeable to the Parties, which methods shall include electronic transfer and cashier’s check. Beginning September 1, 2021, the Net Operating Income shall be divided between Manager and City in the following manner: (1) eighty-five percent (85%) to the City and (2) fifteen percent (15%) to Manager. Contemporaneous with the submission of the 18.b Packet Pg. 635 Attachment: CED.Shandin Hill Golf Course. Exhibit A.8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) monthly report identified above, Manager shall pay to City the City’s share of the Net Operating Income for the prior month. Said payment may be made in any manner mutually agreeable to the Parties, which methods shall include electronic transfer and cashier’s check.” 4. Amendment to Section 5 of the Master Agreement. Section 5 of the Master Agreement shall be amended to read as follows: “Section 5. Management Fee. From the Commencement Date of this agreement and continuing through August 31, 2021, 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 remaining days in the month as the same bears to the total days in the month (i.e., May 2020 Management Fee shall be $8,064.52 based on the Commencement Date). Beginning September 1, 2021 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 fifteen thousand dollars ($15,000.00) 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.” 5. 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 shall govern the actions of the Parties under this Amendment No. 2. 6. 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 execu ted copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature. 7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. 18.b Packet Pg. 636 Attachment: CED.Shandin Hill Golf Course. Exhibit A.8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 MANAGER EVERGREEN ALLIANCE GOLF LIMITED, L.P. D/B/A ARCIS GOLF Signature Name Title 18.b Packet Pg. 637 Attachment: CED.Shandin Hill Golf Course. Exhibit A.8.18.21 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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. 18.c Packet Pg. 638 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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. 18.c Packet Pg. 639 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 18.c Packet Pg. 640 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 18.c Packet Pg. 641 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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, 18.c Packet Pg. 642 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 18.c Packet Pg. 643 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 18.c Packet Pg. 644 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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 . 18.c Packet Pg. 645 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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. 18.c Packet Pg. 646 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 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] 18.c Packet Pg. 647 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) 18.c Packet Pg. 648 Attachment: CED.Shandin Hills Golf Course.Final Interim Mgt Agreement.Attachment 3 (8492 : Shandin Hills Contract Amendment (Ward 5)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: 2021 League of California Cities - Travel Authority and Expense Request (Council) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority for Mayor Pro Tem Sandra Ibarra, Council Member Damon L. Alexander, Council Member Kimberly Calvin, and Council Member Ben Reynoso, to attend the 2021 League of California Cities Annual Conference & Expo from September 22 through September 24, 2021, in Sacramento, California. Background The 2021 League of California Cities An nual Conference & Expo will be held on September 22-24, 2021. Cal Cities offers education and training programs designed to teach city officials about new developments in their field and exchange solutions to common challenges facing their cities. The Annual Conference & Expo holds a meeting to provide educational experiences, networking opportunities, and innovative tools that will make attendees and their cities more successful. Discussion Registration for the 2021 League of California Cities Annual Co nference & Expo was approved and expenses were incurred prior to the adoption of the Travel Authority and Expense Policy (Resolution No. 2021-164). Council members are seeking approval for additional trip related expenses such as lodging, airfare, transportation, meals and incidentals. 2020-2025 Key Strategic Targets and Goals Approval of Travel Authority and Expenses by Council Members to the 2021 League of California Cities Annual Conference & Expo held on September 22-24, 2021 aligns with Key Target No. 4: Economic Growth and Development. Fiscal Impact The FY21/22 adopted budget included a sufficient amount of funding to provide for conference related expenses. 19 Packet Pg. 649 8497 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority for Mayor Pro Tem Sandra Ibarra, Council Member Damon L. Alexander, Council Member Kimberly Calvin, and Council Member Ben Reynoso, to attend the 2021 League of California Cities Annual Conference & Expo from September 22 through September 24, 2021, in Sacramento, California. Attachments Attachment 1 Resolution No. 2021-164 Attachment 2 (4) Travel Authority & Expense Requests Attachment 3 Travel Authority and Expense Policy Ward: All Synopsis of Previous Council Actions: July 21, 2021 Mayor and City Council adopted Resolution No. 2021-164, approving the Travel Authority and Expense Policy. 19 Packet Pg. 650 19.a Packet Pg. 651 Attachment: Attachment 1 - Resolution No. 2021-164 (8497 : 2021 League of California Cities - Travel Authority and Expense Request (Council)) 19.a Packet Pg. 652 Attachment: Attachment 1 - Resolution No. 2021-164 (8497 : 2021 League of California Cities - Travel Authority and Expense Request (Council)) 19.a Packet Pg. 653 Attachment: Attachment 1 - Resolution No. 2021-164 (8497 : 2021 League of California Cities - Travel Authority and Expense Request (Council)) 19.b Packet Pg. 654 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 655 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 656 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 657 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 658 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 659 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 660 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 661 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 662 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 663 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 664 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 665 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 666 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 667 Attachment: Attachment 2 - Travel Authority and Expense Requests (8497 : 2021 League of California Cities - Travel Authority and Expense 19.b Packet Pg. 668 Attachment: Attachment 2 - 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Travel Authority and Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Watson, Animal Services Director Subject: Modular Building Project Cost Increase Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-210 of the Mayor and City Council of the City of San Bernardino, California, ratifying the City Manager’s execution of lease agreements for modular buildings at the Animal Shelter; and 2. Authorize the Director of Finance to amend the FY 2021/22 Budget to appropriate $20,260 of the San Manuel Grant Fund (account 123 230 8821 5504) for the delivery and placement of the two modular trailers at the shelter. Background On April 7, 2021, the Mayor and City Council authorized the Director of Finance to amend the FY 2020/21 budget to transfer $31,160 from the Animal Services Fund. During the same meeting, the Mayor and City Council adopted Resolution No. 2021 -87, accepting a grant award from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services. A total of $80,000 has been allocated from the grant funding for the current shelter entrance remodel. Discussion In March 2021, staff identified an emergency need to relocate animal shelter staff out of the existing modular office due to deterioration of the structural integrity of the building. Since that time, staff has completed the demolition of the modular office as well as the work necessary to prepare the site for two new modular office trailers. One of the modular trailers is designated as a staff break room and office for the Animal Control Officers. The second modular building will serve as the new customer service area and main entrance to the shelter. The customer service area will include four public service counters, a private office for the shelter’s non -profit intervention program, public and staff restrooms as well as an office for animal control dispatch staff. Due the emergency nature of the need for additional office space at the shelter, the City 20 Packet Pg. 688 8500 Page 2 Manager executed the agreements in June 2021 with delivery anticipated by the end of August 2021. The total cost of the delivery and placement of the two trailers comes to $51,420. This amount includes both trailers as well as modifications completed to make them suitable for the department’s needs. This cost exceeds the initial funding approved on April 7, 2021, by $20,260 for a total project cost of $51,420. Because the cost exceeds $50,000, City Council ratification is required. The monthly lease amounts for both modular buildings were previously included in the Department of Animal Services’ Fiscal Year 2021 -2022 budget, which was approved by the Mayor and City Council on June 16, 2021. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability, as it addresses critical upgrades needed to ensure the shelte r and staff are able to continue providing services to the community and their animals; Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity for increased community engagement at the shelter; and Key Target No. 3: Improved Quality of Life by expanding services available to the public and their pets. Fiscal Impact The funding for this project will utilize grant funds designated for this purpose. As a result, there is no fiscal impact to the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-210 of the Mayor and City Council of the City of San Bernardino, California, ratifying the City Manager’s execution of lease agreements for modular buildings at the Animal Shelter; and 2. Authorize the Director of Finance to amend the FY 2021/22 Budget to appropriate $20,260 of the San Manuel Grant Fund (account 123 230 8821 5504) for the delivery and placement of the two modular trailers at the shelter. Attachments Attachment 1 Resolution 2021-210 Attachment 2 Exhibit A - Mobile Modular Agreements and Plans Ward: All Wards Synopsis of Previous Council Actions: April 7, 2021 Mayor and City Council authorized the Director of Finance to Amend the FY 2020/21 budget to transfer $31,160 from the Animal Services Fund to Public Works Facilities and Maintenance Operations budget for the emergency removal and replacement of the modular trailer; and adopted Resolution No. 2021 -87, accepting 20 Packet Pg. 689 8500 Page 3 a grant award in the amount of $1,500,00 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three year period (FY 2020/21 through FY 2022/23). 20 Packet Pg. 690 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-210 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE CITY MANAGER’S EXECUTION OF LEASE AGREEMENTS FOR MODULAR BUILDINGS AT THE ANIMAL SHELTER WHEREAS, the Mayor and City Council previously approved the demolition, and replacement of modular buildings at the shelter; and WHEREAS, the cost for the replacement buildings exceeds the previously approved amount and slightly exceeds the City Manager’s purchasing authority; and WHEREAS, due to the emergency need for office space at the shelter, the City Manager authorized the lease of the modular buildings in June 2021 for delivery in August 2021; and WHEREAS, the department will be utilizing grant funds to cover the additional costs related to this project; and WHEREAS, the new modular buildings will support the Animals Services Department in expansion of programs and services to the community. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby ratify the City Manager’s execution of the Lease Agreements with Mobile Modular for the placement of two modular buildings at the shelter attached hereto as Exhibit A. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 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. 20.a Packet Pg. 691 Attachment: Resolution No. 2021-210 to Approve Modular Lease Agreements at the Shelter (8500 : Modular Building Project Cost Increase) Resolution No. 2021- Resolution 2021- Page 2 of 3 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 692 Attachment: Resolution No. 2021-210 to Approve Modular Lease Agreements at the Shelter (8500 : Modular Building Project Cost Increase) Resolution No. 2021- Resolution 2021- Page 3 of 3 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. 693 Attachment: Resolution No. 2021-210 to Approve Modular Lease Agreements at the Shelter (8500 : Modular Building Project Cost Increase) 20.b Packet Pg. 694 Attachment: Exhibit A - Mobile Modular Agreements and Plans (8500 : Modular Building Project Cost Increase) 20.b Packet Pg. 695 Attachment: Exhibit A - Mobile Modular Agreements and Plans (8500 : Modular Building Project Cost Increase) 20.b Packet Pg. 696 Attachment: Exhibit A - Mobile Modular Agreements and Plans (8500 : Modular Building Project Cost Increase) 20.b Packet Pg. 697 Attachment: Exhibit A - Mobile Modular Agreements and Plans (8500 : Modular Building Project Cost Increase) 20.b Packet Pg. 698 Attachment: Exhibit A - Mobile Modular Agreements and Plans (8500 : Modular Building Project Cost Increase) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Resolution to Establish Parking Restrictions on State Street (Ward 6) Recommendation Adopt Resolution No. 2021-211of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, ”A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Stopping Anytime” zone on the westside of State Street 165 feet from the curb prolongation of Highland Avenue. Background The Traffic Engineering section of the Public Works Department have been working with the San Bernardino Police Department and the San Bernardino County Department of Public Works (Traffic Division) in addressing the street vendors illegally operating on State Street, north of Highland Avenue. The vendors are causing congestion, trash accumulation, unsafe roadway conditions, and noise nuisance to the area businesses and residents, which are not consistent with the City’s key strategic target goal for improved quality of life. Discussion State Street between Highland Avenue and Adam Street: State Street is designated as a major arterial in the City Circulation Plan. State Street is a four -lane undivided roadway with prima facie speed limits of 25 MPH between Highland Avenue and Adams Street. California State University San Bernardino students, who travel the roadway, avoid the I-215 Northbound off ramp at University Parkway due to the congestion that occurs. The intersection of State Street and Highland Avenue is a signalized intersection that provides access southerly to the I-210 freeway ramps. The land use on both sides of State Street for 165 feet north of Highland Ave is commercial. There is an empty lot on the eastside that starts north of the commercial lot and extends all the way to Adams Street. On the westside of the street, north of the newly constructed gas station there is one single family house and one empty lot that extend to Adams Street. The City of San Bernardino right-of-way is located only on the Westside of State Street for 165 feet north of the curb prolongation of Highland; the rest of the street frontages are within San Bernardino County. 21 Packet Pg. 699 8502 Page 2 Staff from the City of San Bernardino Public Works, San Bernardino Police Department, and San Bernardino County Public Works met on site to discuss the illegal vendors operation, unsafe conditions resulting from occupying the sidewalk, and the congestion that is occurring nightly along State Street. In order to alleviate the street issues, staff from both agencies agreed to post both sides of State Street from Highland Avenue to Adams Street with “No Stopping Anytime” with a tow away restrictions to be enforced by both agencies. The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed parking restrictions to the City’s Public Safety and Human Relations Commission (PS&HR) at its August 9, 2021 meeting. PS&HR has recommended the establishment of the “No Stopping Any Time” zone on the westside of State Street 165 feet no rth of curb prolongation of Highland Avenue. 2020-2025 Key Strategic Targets and Goals The proposed Resolution to establish a “No Parking zone” program aligns with Key Target No. 3c: Constantly evaluate public safety service delivery models to enhance th e quality of service. The project will utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe. Fiscal Impact The estimated cost to installing the parking restriction signs is $500. Sufficient funding is included and available in the FY 2021/22 Adopted Budget for Traffic Signs and Marking. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-211, amending Resolution No. 3985 entitled, in Part, ”A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a “No Stopping Anytime” zone on the westside of State Street 165 feet from the curb prolongation of Highland Avenue. Attachments Attachment 1 Resolution No. 2021-211 Attachment 2 Location Map Ward: 6 Synopsis of Previous Council Actions: None 21 Packet Pg. 700 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-211 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, “A RESOLUTION… PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS OR PORTION THEREOF…” TO ESTABLISH A “NO STOPPING ANYTIME” ZONE ON THE WESTSIDE OF STATE STREET FOR A DISTANCE OF 165 FEET FROM THE CURB PROLONGATION OF HIGHLAND AVENUE WHEREAS, the Traffic Engineering Division of the Public Works Department has received and evaluated the request to install traffic control on the Westside of State Street location for a distance of 165 feet from the curb prolongation of Highland Avenue; and WHEREAS, the City now desires to install traffic control through the posting of “No Stopping Anytime” with Tow Away restriction signs located on the Westside of State Street for distance of 165 feet from the curb prolongation of Highland Avenue; and WHEREAS, any determinations made by the City Engineer to implement parking restrictions for areas great than 50 feet in length, require approval from the Mayor and City Council; and WHEREAS, these roadways have been previously been designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and WHEREAS, installation of traffic control in the form of “No Stopping Anytime” or “No Parking Anytime” on these roadway segments will enhance traffic safety at these locations. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby amend Resolution No. 3985 for the purpose of establishing a No Parking Anytime, Tow Away Zone pursuant to San Bernardino Municipal Code Section 10-16.020 on the Westside of State Street for a distance of 165 feet from the curb prolongation of Highland Avenue. Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section One is hereby amended to add Subsection (27.10) State Street, Subsection “A,” to read as follows: “(27.10) State Street 21.a Packet Pg. 701 Attachment: Attachment 1 - Resolution No. 2021-211 [Revision 1] (8502 : Resolution to Establish Parking Restrictions on State Street (Ward 6)) Resolution No. 2021- Resolution 2021- Page 2 of 3 (A) Between Highland Avenue and a point 165 feet north , applicable to the Westside” SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 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 21.a Packet Pg. 702 Attachment: Attachment 1 - Resolution No. 2021-211 [Revision 1] (8502 : Resolution to Establish Parking Restrictions on State Street (Ward 6)) Resolution No. 2021- Resolution 2021- Page 3 of 3 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. 703 Attachment: Attachment 1 - Resolution No. 2021-211 [Revision 1] (8502 : Resolution to Establish Parking Restrictions on State Street (Ward 6)) 21.b Packet Pg. 704 Attachment: Attachment 2 - Location Map (8502 : Resolution to Establish Parking Restrictions on State Street Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: 2021 League of California Cities - Travel Authority and Expense Request (City Manager) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel and Expense Request for City Manager Robert D. Field to attend the 2021 League of California Cities Annual Conference & Expo from September 22-24, 2021, in Sacramento, California. Background The 2021 League of California Cities Annual Conference & Expo will be held on September 22-24, 2021. Cal Cities offers education and training programs designe d to teach city officials about new developments in their field and exchange solutions to common challenges facing their cities. The Annual Conference & Expo holds a meeting to provide educational experiences, networking opportunities, and innovative tools that will make attendees and their cities more successful. Discussion As we continue to refine the City’s policies and procedures, including the Travel and Authority Expense Policy, for enhanced transparency attached for consideration is the Travel Authority and Expense Request for the City Manager to attend the 2021 League of California Cities Annual Conference & Expo. The request includes estimated costs pertaining to this trip, including registration fees, hotel accommodations, and airfare. 2020-2025 Key Strategic Targets and Goals Approval of the Travel Authority and Expense Request for City Manager Robert D. Field is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact Conference expenses, registration fees, hotel accommodations, and airfare will be paid from the City Manager’s Meetings and Conferences budget under General Ledger Account #001-100-0001-5132. Sufficient funding was included in the FY 2021/22 Adopted Budget. 22 Packet Pg. 705 8505 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel and Expense Request for City Manager Robert D. Field to attend the 2021 League of California Cities Annual Conference & Expo from September 22-24, 2021, in Sacramento, California. Attachments Attachment 1 Travel Authority and Expense Request Attachment 2 Travel Authority and Expense Policy Attachment 3 Resolution No. 2021-164 Ward: All Synopsis of Previous Council Actions: July 21, 2021 Mayor and City Council adopted Resolution No. 2021-164, approving the Travel Authority and Expense Policy. 22 Packet Pg. 706 22.a Packet Pg. 707 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 708 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 709 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 710 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 711 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 712 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 713 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 714 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense 22.a Packet Pg. 715 Attachment: Attachment 1-Travel Authority and Expense Request (8505 : 2021 League of California Cities - Travel Authority and Expense EXHIBIT A City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. ______________ Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and City Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Director or their designee and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to employee travel. The purpose of the required documentation is to provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement. 14.f Packet Pg. 177 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 716 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized expenses incurred on a City credit card will be reimbursed to the City by the Employee of Elected Official. Definitions (a) City Official - any person representing the City in an official capacity that is not considered an employee (elected officials or their appointees). (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e) Travel – any trip taken by a City Employee or City Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f) GSA Per Diem Rate – the allowance for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of City Officials, with the City Council, before the expense is incurred. 14.f Packet Pg. 178 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 717 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Officials please also note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will pay or City Employees and City Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance or otherwise provided herein. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a. Attending educational seminars, conferences, or activities designed to improve skills and information levels. b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or City Officials attending as a representative of City events; or (b) City Employees, as part of their City job duties or responsibilities, organizing or assisting with the management or operation of events. d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City 14.f Packet Pg. 179 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 718 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or City Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by City Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. 14.f Packet Pg. 180 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 719 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for City Officials. When requesting to travel either overnight or via airplane, City Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the City Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to insure the lowest reasonable cost for travel. However, it is not intended to create hardships for employees. Therefore, each department may consider employees’ convenience in providing flexibility to those who travel by vehicle. Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City. 14.f Packet Pg. 181 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 720 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (PCard) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City PCard will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on PCard usage, please see the City of San Bernardino Purchasing Card Policy. (b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City PCard or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay 14.f Packet Pg. 182 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 721 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s 14.f Packet Pg. 183 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 722 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual responsibility, as these costs are included in the City’s per mile cost reimbursement. Employees are required to notify Human Resources, Risk Management Division at (909)384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. City Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and City Officials attending conferences, seminars, meetings or workshops that are in excess of 75 miles from his/her normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the CityXQOHVVLWLVDPXOWLGD\ FRQIHUHQFH. All lodging must be approved in advance. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a)Hotel Rooms 14.f Packet Pg. 184 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 723 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City PCard or travel advanced to the employee prior to departure if a City PCard is not used. (b) Lodging expenses shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. Lodging expenses exceeding the GSA Per Diem Rate shall be paid by the City Employee or City Official. (c) When making lodging reservations, be sure to ask if a “group rate” is available. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone. (e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g) Original, itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals Meal expenses incurred by City Employees or Elected Officials while participating in the activities described in this policy shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. If neither the city nor county is listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Itemized receipts, invoices or other records shall be submitted to substantiate the request for reimbursement based upon actual cost. Meal expenses exceeding the GSA Per Diem Rates shall be paid by the City Employee or Elected Official. 14.f Packet Pg. 185 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 724 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. If meals are included in the conference fee, the per diem rate will be adjusted by the GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a) Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals should retain receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee. (b) Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or travel advance provided at the GSA per diem rate. If requesting a meal payment or reimbursement for a guest, the City Employee or City Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the City Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the 14.f Packet Pg. 186 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 725 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the City Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because current IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W -2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. In this event grocery receipts are to be retained and submitted for reimbursement. Grocery charges exceeding the maximum GSA Per Diem Rate amount will not be reimbursed. An employee electing to purchase and prepare food during an extended stay may purchase only food to be consumed during the designated period; no reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries. The GSA Per Diem Rates will be applied on a meal-by-meal basis and will not be aggregated to a daily or trip amount. Payments to Vendors, Cash in Advance and Employee Reimbursement City PCard or direct payment is the preferred method of paying travel and other expenses incurred in the performance of official duties. The City will pay all legitimate expenses of the trip. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. Choosing to utilize the GSA Per Diem Rate will allow for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States up to an established amount. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. (a) There are four ways to pay for travel expenses: 14.f Packet Pg. 187 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 726 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City PCard. b. Cash Advance - Advanced payments may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority and Expense Request form to the Finance Department at least seven (7) days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request from elected officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City PCards have been issued to. In addition, travel advances will not be issued for mileage or items that were purchased prior to attending the event. c. Per Diem - For City Employees or Elected Officials electing per diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for per diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing per diem reimbursement shall not incur meal expenses on City issued credit cards or seek actual cost reimbursement for meal expenses covered by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) working days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy Procedure: 14.f Packet Pg. 188 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 727 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered and the Per Diem Rate for the locality of travel. c. Obtain approval from employee’s Department Head, Director of Finance and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible travel coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Action/Responsibility: Department Head (a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c) Approve or deny local travel requests. Action/Responsibility: Finance Department (a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b) Process employees’ travel expenditures in accordance with this policy. Verification 14.f Packet Pg. 189 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 728 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for verification of travel expenses. Action/Responsibility: Employee Within seven (7) working days of return date to work: (a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provide to Department Travel Coordinator with the original receipts. (b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval Action/Responsibility: Department’s Travel Coordinator (a) Attach all original receipts to the original Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for elected Officials, submit to Director of Finance. 14.f Packet Pg. 190 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 729 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel Authority Name & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel: Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor: Estimate Cost of Trip: $ Date: Advance Money Requested: $ Office Phone: Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense Report EXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) $ $ Garage and/or Parking $ $ Lodging $ $ Registration Fees $ $ Meals $ $ Other $ $ Other $ $ TOTAL EXPENSE $ $ Amount Paid by Traveler $ Cash Advance – Check No: $ I hereby certify that this is a true and Balance Due to Traveler/City $ correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) 14.f Packet Pg. 191 Attachment: Attachment 6 - Exhibit A - Travel Authority and Expense Policy (7289 : Administrative Policies (All Wards))22.b Packet Pg. 730 Attachment: Attachment 2-Travel Authority and Expense Policy (8505 : 2021 League of California Cities - Travel Authority and Expense Request Resolution No. 2021-164 RESOLUTION NO. 2021-164 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING TRAVEL AUTHORITY AND EXPENSE AND REPEALING RESOLUTION NO. 9151 AND NO. 89-100 WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Travel Authority and Expense, attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 3. Resolution No. 9151 is hereby repealed. SECTION 4. Resolution No. 89-100 is hereby repealed. 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. 14.e Packet Pg. 174 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.22.c Packet Pg. 731 Attachment: Attachment 3-Resolution 2021-164 (8505 : 2021 League of California Cities - Travel Authority and Expense Request (City Manager)) Resolution No. 2021-164 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 14.e Packet Pg. 175 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.22.c Packet Pg. 732 Attachment: Attachment 3-Resolution 2021-164 (8505 : 2021 League of California Cities - Travel Authority and Expense Request (City Manager)) Resolution No. 2021-164 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.e Packet Pg. 176 Attachment: Attachment 5 - Resolution 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No.22.c Packet Pg. 733 Attachment: Attachment 3-Resolution 2021-164 (8505 : 2021 League of California Cities - Travel Authority and Expense Request (City Manager)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Revision and Clarification- Travel Authority and Expense Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed revision of the Travel Authority and Expense Policy and provide direction for modifications or adopt Resolution No. 2021-212 as presented amending the City’s administrative policies - Travel Authority and Expense Policy effective retroactively from July 21, 2021. Background The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards, and the like. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure City employees and elected and appointed officials can operate under a clear set of guidelines that align with the laws and regulations that govern the City. On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. Starting in March 2021, staff began crafting the Travel Policy. Staff brought a Travel Authority and Expense Policy to Council for review, discussion and adoption on July 21, 2021, and the Policy was adopted. Discussion The Travel Authority and Expense Policy sets forth the guidelines governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees, and Elected Officials of the City of San Bernardino. After the policy was formally adopted by the Mayor and City Council on July 21, 2021, staff found that implementation of the policy was challenging, identified inconsistencies with other City 23 Packet Pg. 734 8507 Page 2 policies, and an unintended issue of equity by using the Government Services Administration (GSA) lodging rates as a maximum for allowable lodging expenses. Lodging The Travel Authority and Expense Policy adopted on 7/21/2021 reads: Lodging (b) Lodging expenses shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. Lodging expenses exceeding the GSA Per Diem Rate shall be paid by the City Employee or City Official. To set the lodging per diem rates, “the GSA looks at Average Daily Rates (ADR) data published by the GSA’s travel industry partners. The GSA looks at the Monday thru Thursday price of mid-range hotels over the past 12 months to find a fair lodging rate.” (How are Per Diem Rates Calculated?, 2021) In implementing the policy, staff found that the GSA per diem lodging rate is significantly lower than the rate available in hotels that are within walking distance of hosted training, conferences, meetings, and seminars, even with group and/or “government” rates applied. To find hotels that were within the GSA lodging per diem, staff had to look well outside the area in which the hosted event was being held. Travelers staying in lower cost hotels distant from their destination are allowed to rent a vehicle, which may offset City savings on lodging costs with auto rental and parking fees. More significant; however, is the equity issue. Under the current policy, employees and elected officials traveling on City business have three options: 1. Employees and/or Elected Officials traveling on City business may choose to stay at lower cost hotels further from their destination to comply with the GSA lodging per diem rate. a. Offsetting Costs. Travelers unable to stay at con ference/venue hotels or those nearby may have to rent a vehicle and pay to park during the day. In the case of metropolitan areas like San Francisco or Chicago, the cost of daily parking can be extremely high. While some metro areas have accessible public transit, hotels in walking distance to stations charge higher room rates. The existing policy may be replacing lodging costs, which are predictable when planning a trip, with the cost of renting a vehicle and the less predictable cost of parking. b. Employee and Elected Official Safety. Conference/venue hotels and those nearby provide travelers with easy access to their conference, seminar, or training. It is safer for a traveler in an unfamiliar city to stay in lodging that is close to their destination. Attempting to book a low- cost hotel in an unfamiliar city may unintentionally put the traveler’s safety at risk. 2. Employees and/or Elected Officials traveling on City business may choose to stay at a hotel close to their conference/seminar or event and 23 Packet Pg. 735 8507 Page 3 pay the difference in cost out of pocket. The choice to stay at a hotel close to the traveler’s destination will be limited to those with the means to pay the difference in room rates. The City of San Bernardino encourages attendance at conferences, semi nars, meetings, and workshops to enhance an employee’s understanding of their duties and responsibilities. However, the GSA lodging per diem maximum creates an equity issue in which travelers with the means to pay the cost difference can stay near the destination, while others must stay in remote locations and drive in daily. 3. Employees and/or Elected Officials may choose not to travel. The importance of the learning and networking opportunities for employees and elected officials when they attend conferences, seminars, meetings, and workshops with colleagues from other locations cannot be overstated. These opportunities are an investment in employees that help them grow and advance within the City. The inequity in where a traveler can stay or whether they can travel at all runs counter to the City of San Bernardino’s commitment to equity and inclusion. The Lodging section of the Travel Authority and Expense Policy has been rewritten with the following summarized changes: 1. Added language: The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. 2. Lodging expenses shall be reimbursed on an actual cost basis. (Removed reference to “or GSA lodging rate, whichever is less.”) Added language: If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates fro m three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose. 3. Rewritten (bold): When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. The changes to this section can be reviewed in their entirety in the re dline copy of the document attached as Appendix A. Meals edited to read: Meals and Incidentals The City also linked meals and incidental expenses to the GSA rates, which is based on the average cost of breakfast, lunch, and dinner in the specified area, p lus a flat $5 for incidentals. Using the GSA per diem as a benchmark for meals and incidentals is reasonable; however, staff has found that interpretation of the policy language as it was written has proven challenging, prompting a rewrite of the section o f the policy for clarification. 23 Packet Pg. 736 8507 Page 4 There are no changes to the amount that a traveler may spend for meals and incidentals. Added: The City will not pay for laundry services or dry cleaning. The changes to this section can be reviewed in their entirety in the redline copy of the document attached as Appendix A. Clarification and Language Some changes to the policy were made to make it consistent with other City policies and language, or to clarify a section that was found to be confusing upon implementation. These include: Definitions current language City Official - any person representing the City in an official capacity that is not considered an employee. (elected officials or their appointees) (revised language) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. Throughout the policy elected officials are referred to as “City Officials.” All other City of San Bernardino policies refer to the Mayor and City Council as “Elected Officials.” Additionally, the definition, while intended to refer to commission appointees, is unclear, making implementation and compliance difficult. The rewritten policy replaces “City Official” with “Elected Official” throughout the document. Added References and Websites Some sections of the policy, for example, the taxability of meals on daytrips, are legal requirements with which the City must comply. In this case, reference to the agency and/or the specific publication (i.e., IRS Pub. 5137) has been added. A table of the current GSA breakdown of the Meals and Incidental Expense per diem has been added to the Meals section to clarify how individual meal costs are determined, and a link to the GSA per diem rates is included. www.gsa.gov/perdiem <http://www.gsa.gov/perdiem> Updates and Additions The requirement for original receipts to be attached has been removed. It is the City’s goal to move toward a fully electronic process, which would preclude attaching original paper receipts. Receipts are required; however, they may be scanned or copied. 23 Packet Pg. 737 8507 Page 5 The number of days before travel required to receive a cash advance from Finance has been modified from seven (7) to ten (10) business days. This change is to allow time for Finance to review and approve the request and include it in a regular check run in time for the employee’s or elected official’s travel. All the recommended changes to the Travel Authority and Expense Policy can be reviewed in the redline copy of the document attached as Appendix A. Only minor typographical corrections (capitalization, spacing and spelling) are not redlined. The Travel Authority and Expense Policy adopted on July 21, 2021 is attached as Appendix B. It is recommended that this revised Travel Authority and Expense Policy be adopted effective retroactively from July 21, 2021 to en sure that employees or elected officials who had travel authorized between July 21 and August 18 are not unduly burdened by the unintended inequity created by the Policy adopted on July 21 . 2020-2025 Key Strategic Targets and Goals Approval of administrative policies aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing consistent clear procedures for staff and elected officials to follow that promote a professional environment and contribute toward a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact associated with the development of an administrative policy manual beyond dedicated staff time. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed revision of the Travel Authority and Expense Policy and provide direction for modifications or adopt Resolution No. 2021-212 as presented amending the City’s administrative policies - Travel Authority and Expense Policy, effective retroactively from July 21, 2021. Attachments Attachment 1 Exhibit A: Travel Authority and Expense Policy, REVISED Attachment 2 Exhibit B: Travel Authority and Expense Policy 07.21.2021 Attachment 3 Resolution No. 2021-212 Ward: All Synopsis of Previous Council Actions: July 22, 2021 Mayor and City Council adopted Resolution No. 164 approving the Travel Authority and Expense Policy, and repealing Resolution No. 9151 and No. 89-100. 23 Packet Pg. 738 8507 Page 6 February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. April 17, 1989 Mayor and City Council adopted Resolution No. 89 -100 amending Resolution No. 9151 and providing for reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226. June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day. April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and setting forth authorized expenses and allowances for expenses incurred on official business of the City. 23 Packet Pg. 739 EXHIBIT A City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. ______________ Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and City Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel. The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement. 23.a Packet Pg. 740 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be paid by the City or reimbursed. Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation. Definitions (a) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (a) (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e) Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f) GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred. Formatted: Justified, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 23.a Packet Pg. 741 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwis e articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a. Attending educational seminars, conferences, or activities designed to improve skills and information levels. b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events. d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City 23.a Packet Pg. 742 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employee’s Department Director, or the City Manager if the City Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. 23.a Packet Pg. 743 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual k. Mileage reimbursement for those receiving a monthly vehicle allowance. l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non -refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employ ee will be held responsible for all expenses incurred and will be required to reimburse the City . (b) Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle. 23.a Packet Pg. 744 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City. Air Travel (a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P -Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy. (b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. 23.a Packet Pg. 745 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual (d) Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time re quired to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. 23.a Packet Pg. 746 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement. Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel tim e. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance. The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is 23.a Packet Pg. 747 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a) Hotel Rooms a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used. (b) Lodging expenses shall be reimbursed on an actual cost basis . If a room at a conference/venue hotel is not available, the City Employee or If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose. (c) When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phon e. (e) Internet: Internet connection fees will be reimbur sed at the discretion of the Department Director. (f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g) Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals and Incidentals 23.a Packet Pg. 748 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total Continental Breakfast/ Breakfast Lunch Dinner Incidentals First and Last day of Travel (75%) $55 $13 $14 $23 $5 $41.25 $56 $13 $15 $23 $5 $42.00 $61 $14 $16 $26 $5 $45.75 $66 $16 $17 $28 $5 $49.50 $71 $17 $18 $31 $5 $53.25 $76 $18 $19 $34 $5 $57.00 Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem. GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approva l of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a) Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals must should retain itemized receipts and submit them as usual as part of the P -Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. Formatted: Font: Bold 23.a Packet Pg. 749 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents. c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement. d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt . e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals. i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling. ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately. (b) Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or a travel advance provided at the GSA Per Diem Rate. If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance o f official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules , or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected City Official or City Employee normally leaves his or her home for work or expenses 23.a Packet Pg. 750 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual incurred for meals that would typically be eaten after the ElectedCity Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day -trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an ove rnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137) Extended Travel Employees attending training or conferences for an extended time period, more th an seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. The GSA Per Diem Rates will be applied on a meal -by-meal basis and will not be aggregated to a daily or trip amount. (a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement. b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card. a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. Formatted: Font: (Default) Arial 23.a Packet Pg. 751 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the P - Card process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P -Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem. d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents. f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement. g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations. (c) The City will not pay for laundry services or dry cleaning. Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. Choosing to utilize the GSA Per Diem Rate will allow for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: (Default) Arial, 12 pt, Italic 23.a Packet Pg. 752 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual continental United States up to an established amount. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. (a) There are four ways to pay for travel expenses: a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card. b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expen ses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request s from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees). c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, plac e and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. Formatted: Font: Bold 23.a Packet Pg. 753 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy. Procedure: The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale. c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials . (b) After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Action/Responsibility: Department Head (a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c) Approve or deny local travel requests. Action/Responsibility: Finance Department 23.a Packet Pg. 754 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual (a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b) Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy. Reconciliation and Verification of Expenses The following are step-by-step instructions for reconciliation and verification of travel expenses. Action/Responsibility: Employee or Elected Official Within seven (7) working days of return date to work: (a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipt s. (b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, t he difference may be reimbursed upon approval. Action/Responsibility: Department’s Travel Coordinator (a) Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance. 23.a Packet Pg. 755 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel Authority Name & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel: Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor: Estimate Cost of Trip: $ Date: Advance Money Requested: $ Office Phone: Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense Report EXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) Other $ $ Garage and/or Parking $ $ Lodging $ $ Registration Fees $ $ Meals $ $ Other $ $ Other $ $ TOTAL EXPENSE $ $ Amount Paid by Traveler $ Cash Advance – Check No: $ I hereby certify that this is a true and Balance Due to Traveler/City $ correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) 23.a Packet Pg. 756 Attachment: Attachment 1 Exhibit A - Travel Authority and Expense Policy, REVISED (8507 : Revision and Clarification- Travel Authority and EXHIBIT B City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. 2021-164 Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and City Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Director or their designee and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City fund s related to employee travel. The purpose of the required documentation is to provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement. 23.b Packet Pg. 757 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized expenses incurred on a City credit card will be reimbursed to the City by the Employee of Elected Official. Definitions (a) City Official - any person representing the City in an official capacity that is not considered an employee (elected officials or their appointees). (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e) Travel – any trip taken by a City Employee or City Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f) GSA Per Diem Rate – the allowance for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of City Officials, with the City Council, before the expense is incurred. 23.b Packet Pg. 758 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Officials please also note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will pay or City Employees and City Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance or otherwise provided herein. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a. Attending educational seminars, conferences, or activities designed to improve skills and information levels. b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or City Officials attending as a representative of City events; or (b) City Employees, as part of their City job duties or responsibilities, organizing or assisting with the management or operation of events. d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City 23.b Packet Pg. 759 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or City Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or golf -related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by City Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. 23.b Packet Pg. 760 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for City Officials. When requesting to travel either overnight or via airplane, City Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the City Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms . The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to insure the lowest reasonable cost for travel. However, it is not intended to create hardships for employees. Therefore, each department may consider employees’ convenience in providing flexibility to those who travel by vehicle. Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City. 23.b Packet Pg. 761 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (PCard) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City PCard will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on PCard usage, please see the City of San Bernardino Purchasing Card Policy. (b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City PCard or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay 23.b Packet Pg. 762 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s 23.b Packet Pg. 763 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual responsibility, as these costs are included in the City’s per mile cost reimbursement. Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. City Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and City Officials attending conferences, seminars, meetings or workshops that are in excess of 75 miles from his/her normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a) Hotel Rooms 23.b Packet Pg. 764 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City PCard or travel advanced to the employee prior to departure if a City PCard is not used. (b) Lodging expenses shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. Lodging expenses exceeding the GSA Per Diem Rate shall be paid by the City Employee or City Official. (c) When making lodging reservations, be sure to ask if a “group rate” is available. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phon e. (e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g) Original, itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals Meal expenses incurred by City Employees or Elected Officials while participating in th e activities described in this policy shall be reimbursed on an actual cost basis or at a fixed per diem rate, whichever is less. If neither the city nor county is listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Itemized receipts, invoices or other records shall be submitted to substantiate the request for reimbursement based upon actual cost. Meal expenses exceeding the GSA Per Diem Rates shall be paid by the City Employee or Elected Official. 23.b Packet Pg. 765 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. If meals are included in the conference fee, the per diem rate will be adjusted by the GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a) Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals should retain receipts and submit them as usual as part of the P -Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee. (b) Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or travel advance provided at the GSA per diem rate. If requesting a meal payment or reimbursement for a guest, the City Employee or City Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the City Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rule s or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the 23.b Packet Pg. 766 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual City Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the City Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because current IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. In this event grocery receipts are to be retain ed and submitted for reimbursement. Grocery charges exceeding the maximum GSA Per Diem Rate amount will not be reimbursed. An employee electing to purchase and prepare food during an extended stay may purchase only food to be consumed during the designated period; no reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries. The GSA Per Diem Rates will be applied on a meal-by-meal basis and will not be aggregated to a daily or trip amount. Payments to Vendors, Cash in Advance and Employee Reimbursement City PCard or direct payment is the preferred method of paying travel and other expenses incurred in the performance of official duties. The City will pay all legitimate expenses of the trip. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. Choosing to utilize the GSA Per Diem Rate will allow for lodging, meals, and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States up to an established amount. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. (a) There are four ways to pay for travel expenses: 23.b Packet Pg. 767 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City PCard. b. Cash Advance - Advanced payments may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority and Expense Request form to the Finance Department at least seven (7) days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request from elected officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City PCards have been issued to. In addition, travel advances will not be issued for mileage or items that were purchased prior to attending the event. c. Per Diem - For City Employees or Elected Officials electing per diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for per diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing per diem reimbursement shall not incur meal expenses on City issued credit cards or seek actual cost reimbursement for meal expenses covered by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) working days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of can cellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy Procedure: 23.b Packet Pg. 768 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered and the Per Diem Rate for the locality of travel. c. Obtain approval from employee’s Department Head, Director of Finance and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible travel coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Action/Responsibility: Department Head (a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c) Approve or deny local travel requests. Action/Responsibility: Finance Department (a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b) Process employees’ travel expenditures in accordance with this policy. Verification 23.b Packet Pg. 769 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The following are step-by-step instructions for verification of travel expenses. Action/Responsibility: Employee Within seven (7) working days of return date to work: (a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provide to Department Travel Coordinator with the original receipts. (b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval Action/Responsibility: Department’s Travel Coordinator (a) Attach all original receipts to the original Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for elected Officials, submit to Director of Finance. 23.b Packet Pg. 770 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel Authority Name & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel: Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor: Estimate Cost of Trip: $ Date: Advance Money Requested: $ Office Phone: Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense Report EXPENSE CATEGORIES: Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) Other $ $ Garage and/or Parking $ $ Lodging $ $ Registration Fees $ $ Meals $ $ Other $ $ Other $ $ TOTAL EXPENSE $ $ Amount Paid by Traveler $ Cash Advance – Check No: $ I hereby certify that this is a true and Balance Due to Traveler/City $ correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) 23.b Packet Pg. 771 Attachment: Attachment 2 Exhibit B - Travel Authority and Expense Policy 07.22.2021 (8507 : Revision and Clarification- Travel Authority and Resolution No. 2021-__ RESOLUTION NO. 2021-212 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING TRAVEL AUTHORITY AND EXPENSE, REVISED, AND REPEALING RESOLUTION NO. 2021-164 WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City; and WHEREAS, on July 21, 2021, the City Council adopted Resolution No. 2021-164 approving Administrative Policy – Travel Authority and Expense; and WHEREAS, Implementation of the Administrative Policy – Travel Authority and Expense proved difficult due to unclear language; and WHEREAS, unintended consequences of inequity in the treatment of City Employees and Elected Officials traveling on City business were created by certain limitations in the Administrative Policy – Travel Authority and Expense. 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 of San Bernardino Administrative Policy – Travel Authority and Expense, REVISED, attached hereto, and incorporated herein as Exhibit A, is hereby approved effective July 21, 2021. SECTION 3. Resolution No. 2021-164 is hereby repealed. 23.c Packet Pg. 772 Attachment: Attachment 3 Resolution No. 2021-212 Revision of Travel Policy [Revision 2] (8507 : Revision and Clarification- Travel Authority Resolution No. 2021-__ 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 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 23.c Packet Pg. 773 Attachment: Attachment 3 Resolution No. 2021-212 Revision of Travel Policy [Revision 2] (8507 : Revision and Clarification- Travel Authority 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 23.c Packet Pg. 774 Attachment: Attachment 3 Resolution No. 2021-212 Revision of Travel Policy [Revision 2] (8507 : Revision and Clarification- Travel Authority Page 1 Request for Future Meeting City of San Bernardino Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Damon L Alexander, Council Member, Ward 7 Subject: Renegotiate the San Bernardino Property Tax Rate W/ San Bernardino County for Fire Svcs. (All Wards) 24 Packet Pg. 775 Page 1 Request for Future Meeting City of San Bernardino Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Sandra Ibarra, Mayor Pro-Tem/Council Member, Ward 2 Subject: Continue to Allow Our Public to Speak Remotely (All Wards) 25 Packet Pg. 776 Page 1 Request for Future Meeting City of San Bernardino Date: August 18, 2021 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Reconsideration of the ADU Ordinance 26 Packet Pg. 777